BW Legal - County Court Claim

Coupon-mad

Yes that's a good plan.

TJB93

Thanks.

I’ve had a good read through the case below;

forums.moneysavingexpert . Com

/showthread.php?t=5659621

Seems like the same boat we are in (use of a PayByPhone app, that apparently failed to recognise payment) so I think I will follow along similar lines to that.

One more quick question. Do you think the fact that my girlfriend had used that parking space (and still continues to do so when she has to be there) by using the same app, with no problems, would be worth including in the defence?

Coupon-mad

Yes I do.

In your defence you should strongly suggest that 'on the balance of probabilities, it was the Claimant's app that failed, not any fault or omission by the driver.'

Le_Kirk

TJB93 wrote: »

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.

Are you sure you want to contest jurisdiction? Maybe you meant Defend in Full? Make sure it is all done in your girlfriend's name, although you can, of course, assist.

Le_Kirk

TJB93 wrote: »

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

Coupon-mad wrote: »

Yes that's a good plan.

I thought I had seen recent posts where it was advised to wait five days after issue date to make sure to get full period before defence submission!

The_Deep

Nine times out of ten these tickets are scams so consider complaining to your MP.

Parliament is well aware of the MO of these private parking companies, many of whom are former clampers, and on 15th March 2019 a Bill was enacted to curb the excesses of these shysters. Codes of Practice are being drawn up, an independent appeals service will be set up, and access to the DVLA's date base more rigorously policed, persistent offenders denied access to the DVLA database and unable to operate.

Hopefully life will become impossible for the worst of these scammers, but until this is done you should still complain to your MP, citing the new legislation.

http://www.legislation.gov.uk/ukpga/2019/8/contents/enacted

Just as the clampers were finally closed down, so hopefully will many of these Private Parking Companies

TJB93

Thanks again to everyone for helping.

I have filled out the AoS and will be posting this afternoon (would you recommend citing the claim reference No. on the envelope or leave it off as it is in the AoS itself?

I’ve also used the help from post #2 on the NEWBIES thread for the following SAR;

X XXXXX CLOSE
XXXXXSHIRE
*POSTCODE*

07XXX XXXXXX
09/09/19


Total Parking Solutions Ltd

Dear Sir/Madam,

Subject Access Request (Data protection act 2018 / General Data Protection regulations [GFPR] )

*MISS XXXXX XXXXX
FULL ADRESS*

Please supply the data about me that I am entitled to under data protection law! relating to myself.

If you need any more data from me to confirm my identity please let me know as soon as possible. It may be helpful for you to know that data protection law requires you to respond to a request for data within one calendar month.

If you do not normally deal with these requests, please pass this letter to your Data Protection Officer, or relevant staff member. If you need advice on dealing with this request, the Information Commissioner’s Office can assist you. Its website is ico.org.uk or it can be contacted on 0303 123 1113.

Yours faithfully

[Signature]


- which I will send to the relevant Data Protection Officer at TPS when I’m happy with it.

Thanks

Le_Kirk

AoS is always better done on-line using MCOL. Do you have a Government Gateway account and did they send you log-in and password information on the Claim Form?

TJB93

I have one. Not sure if my girlfriend has one I will find out. Would I be able to log in on mine and file the AoS? As the letter does have claim No. and a given password like you say.

Le_Kirk

TJB93 wrote: »

I have one. Not sure if my girlfriend has one I will find out. Would I be able to log in on mine and file the AoS? As the letter does have claim No. and a given password like you say.

No you/she has to do it in her name. If she has ever filed a tax return on-line, she would have a Gateway account. It doesn't take long to set one up but, I believe it is still the case, the initial log in and password are sent out to you/her in the post. Since you/she has until 23rd September to do the AoS, you/she might just have enough time to apply for one if done today.