BW Legal - County Court Claim

TJB93

Having read through the NEWBIES section now, and seeing how proactive this forum is, I am confident in fighting this unfair court claim. However I wanted to create my own thread to get the correct help on putting a defence together, help is greatly appreciated.

Last year my girlfriend received a notice of parking fine for a parking space she parks in regularly (probably 20-30 times overall now, as it’s where she parks for appointments she regularly has there) and she always pays the parking fee, via PayByPhone app, a payment of £1.50 for an hour. This time that the parking fine referred to was no different, she paid as she usually does (and still continues to when she parks there). Anyway we didn’t think they had grounds to charge her so we responded to the fine saying she had paid etc..

Anyway a year later we now have had a BW LEGAL court claim through the post for a total of around £220+ (I don’t want to specify the exact amount, not sure how much that might be specific to our case) - and we want to fight it.

From what I’ve read it’s best for us to send the AoS back ASAP, stating our intention to contest jurisdiction, and then spend some time working on a defence (which is where I was hoping for some advice and guidance on here).

Thanks so much in advance for any advice given.

beamerguy

TJB93 wrote: »

Anyway a year later we now have had a BW LEGAL court claim through the post for a total of around £220+ (I don’t want to specify the exact amount, not sure how much that might be specific to our case) - and we want to fight it.

Thanks so much in advance for any advice given.

£220 + what is that for ? Don't you mean that BWLegal have again added a fake £60 and interest ???

We can only help if you tell us the full story

TJB93

Thanks for the quick reply.

Referring to the ‘particulars of claim’ - the claimants claim is for the sum of £95.92.. the claimant also claims £54 contractual costs as set out in the terms and conditions

So final breakdown says
Amount claimed - £149.92
Court fee - £25
Legal representatives costs - £50
Total amount - £224.92

I do apologise if I have missed/not specified relevant details, I want to be as clear as possible and any help in how to do so is appreciated.

Coupon-mad

the claimant also claims £54 contractual costs as set out in the terms and conditions

They can't add that, and we have a new judgment to use alongside the DJ Grand one:

https://forums.moneysavingexpert.com/discussion/comment/76252097#Comment_76252097

So a Caernarfon Judge gets it, that PPCs are limited to the parking charge + court fees.

Who is the claimant (it's not BW Legal) and what is the issue date on the claim?

TJB93

Ok so that in itself is worth attacking on for damage limitation at the very least?

And the particulars of claim is signed by someone who is labelled as the “claimants legal representative” (I’m assuming I shouldn’t post their name?) - I don’t know the details of the claimant themselves, should I?

Thanks.

Coupon-mad

Of course you know who the Claimant is...it's the name next to the word 'CLAIMANT' up at the top of the claim form.

TJB93

Total Parking Solutions Ltd.

And the issue date is Sep 4th

Coupon-mad

OK so search the forum for Total Claim Tito and read a few done this year already, and get on with doing the AOS and the SAR to Tito (read other threads).

TJB93

Ok great I will crack on with that tomorrow. Your advice is greatly appreciated!

KeithP

TJB93 wrote: »

And the issue date is Sep 4th

With a Claim Issue Date of 4th September, you have until Monday 23rd September to do the Acknowledgement of Service, but there is nothing to be gained by delaying it. To do the AoS, follow the guidance offered in a Dropbox file linked from post #2 of the NEWBIES FAQ sticky thread. About ten minutes work - no thinking required.

Having done the AoS, you have until 4pm on Monday 7th October 2019 to file your Defence.

That's four 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.

TJB93

Thanks so much KeithP.

I am on holiday as of tomorrow, until the 23rd, so it looks like my best plan is to file the AoS today, and then look at submitting an SAR? And then over the next four weeks put a defence together?

Thanks again