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BW Legal - Count Court Business Centre Letter

giveitya
giveitya Posts: 1 Newbie
edited 3 September 2019 at 5:50PM in Parking tickets, fines & parking
Hi,

The keeper of the vehicle received a claim form from the county court business centre with an issue date of 19/08/2019. The keeper acknowledged the county court business claim on 26/08/2019.

The claim is in respect of a parking contravention by the driver on 18/11/2018.

The keep also received a BW Legal letter dated 19/08/2019, which referenced the county court business centre letter and provided details for payment along the line of “it’s not too late”.

The letter explains that the keeper has failed to settle their outstanding debt, despite demands having been made.

The keeper would like to dispute the claim, based on not receiving any demands for payment until the county court business claim, issued on 19/08/2019.

The keeper suspects that the address that BW legal are using is incorrect, as it does not reference the basement flat in which the keeper lives. There are three other flats within the building and missing post is a recurring problem.

Dummy Address Example
3 Abbey Rd
St John's Wood
London
NW8 9AY

Correct Dummy Address Example
3 Abbey Rd
Basement
St John's Wood
London
NW8 9AY

The keeper emailed BW legal on 26/08/19 with a request for all evidence on this claim to be sent to the updated (correct) address, however has had no response thus far.

Additional Details below

Parties in correspondence:
Claimant: Parking Charge Limited
Legal Team: BW Legal

Claim Totals
Amount Claimed: £170.88
Court Fee: £25.00
Legal Representative's cost: £50.00
Total Amount: £245.88

As this claim is now in fairly advances stages, with a risk of a court appearance. Could anyone advise, based on previous cases, wether the keeper has a substantiated defence here?

The keeper believes that the incremental charges are excessive and unjust worthy having not received demands for payment until 19/08/2019. The keeper would be willing to pay the initial fine if the appropriate evidence was supplied to the correct address.

Thanks

Comments

  • Le_Kirk
    Le_Kirk Posts: 26,250 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    Check your date!
    The claim is in respect of a parking contravention by the driver on 18/11/2019.
  • Redx
    Redx Posts: 38,084 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper Photogenic
    The defendant needs to defend the claim and object to the added charges under abuse of process , same as everyone else

    See post #2 of the newbies thread

    Email a SAR to the DPO at the PPC and obtain all the documents and pictures and data about you and your vehicle attaching a copy of the claim form

    Email a data rectification notice to the DPO at both the PPC and again to b w legal

    Start drafting your defence and add the abuse of process paragraphs by coupon mad posted in the thread by beamerguy
  • KeithP
    KeithP Posts: 41,296 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    giveitya wrote: »
    The keeper of the vehicle received a claim form from the county court business centre with an issue date of 19/08/2019. The keeper acknowledged the county court business claim on 26/08/2019.
    With a Claim Issue Date of 19th August, and having done the Acknowledgement of Service in a timely manner, you have until 4pm on Monday 23rd September 2019 to file your Defence.

    That's nearly three weeks away. Plenty of time to produce a Defence, but please don't leave it to the last minute.


    When you are happy with the content, your Defence could be filed via email as suggested here:
      Print your Defence.
    1. Sign it and date it.
    2. Scan the signed document back in and save it as a pdf.
    3. Send that pdf as an email attachment to CCBCAQ@Justice.gov.uk
    4. Just put the claim number and the word Defence in the email title, and in the body of the email something like 'Please find my Defence attached'.
    5. Log into MCOL after a few days to see if the Claim is marked "defence received". If not chase the CCBC until it is.
    6. Do not be surprised to receive an early copy of the Claimant's Directions Questionnaire, they are just trying to keep you under pressure.
    7. Wait for your DQ from the CCBC, or download one from the internet, and then re-read post #2 of the NEWBIES FAQ sticky thread to find out exactly what to do with it.
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