Court Claim Form

Redx

Nobody can say , it can be discontinued right up to sitting in the court waiting room

Plus the claimant has to pay a hearing fee etc before any court date

It's the claimant who decides , not B WLegal , they are the contractor , not the principal

I suggest you follow the advice and read the newbies thread post #2

Plus read ongoing and completed court cases so you understand the whole process

Filing the defence is just one hurdle in a race of many hurdles

Dufflecoat

Thanks, I am swotting up on other things


In this case, does Premier Park see anything I have submitted to BW or the defence in court or do they rely on BW?


Still waiting on the SAR from Premier Park, they claim they never received the original request so that is still going on...

Redx

The CCBC contact the claimant with a copy of your defence

You would assume that b w legal would consult with their client , why wouldn't they ?

Anything that the court sees has been seen by all sides prior to the hearing

The CCBC is not a court , but they contact both sides at the start, which is where you are now

Dufflecoat

Hello, back again to the next stage,


I am filling out the directions questionnarie


Have found the advice on here, but on the contact details, do I have to give my email and telephone number.


They have the address obviously, but I dont want to give them any more contact information as I am sure they will use it to harrass me as the claim goes on?


Regards

Dufflecoat

Also, with regard mediation, I know I should put no as there is no point clearly, but can this be done just to waste time and make it more difficult for the parking company and then go back to court after?

Redx

Dufflecoat wrote: »

Hello, back again to the next stage,


I am filling out the directions questionnarie


Have found the advice on here, but on the contact details, do I have to give my email and telephone number.


They have the address obviously, but I dont want to give them any more contact information as I am sure they will use it to harrass me as the claim goes on?


Regards

Most people would tell you to set up a free email account with Gmail just for trash like this , keeping your own email out of it , why wouldn't you ?? It's free

As for the phone number , get a burner on PAYG and use that the same way

As you can see , not difficult

Don't bother with mediation , the Newbies thread tells you that , so stop overthinking it , use the KISS principle , keep it simple s******

Dufflecoat

Hi


Thanks again very much, have got the thing sent off, so on to the next stage,


Got the SAR back from PPL so have name of one debt recovery they used so have SAR ed them and the DVLA to try and find out the company they sold the alledged debt to that they are not admitting as it stands


One thing I did notice on the SAR, is that they only requested keeper details once back in 2014 (DVLA automated service).


They havent done it again to confirm details before submitting my details to BW Legal and them issuing county court claim.

Isnt this dodgy as it is 5 years old and I may well have moved since then (I havent) but surely that is wreckless on their part to be issuing CC claims on five year old data?


Cheers

Redx

A few anomalies with your assumptions above

Their DVLA contract called kadoe only allows them to Access keeper details once , so in 2014 in your case , they are not allowed to do so again as it would be a breach of contract

They are not allowed to sell the alleged debt on either , so have not done so because the DVLA won't allow it , so the claimant still holds title to the alleged debt and is why the claimant issued an mcol

In 2017 companies were required to use a tracing service to obtain current addresses , to avoid claims going to old incorrect addresses , so if this wasn't done it's a breach of the CPR changes that are supposed to avoid that scenario

Trace debt recovery is one typical tracing service

So two false assumptions on your part , please stick to facts

Dufflecoat

No need for that, but anyway seems to be the way on here,


What assumptions had I made?


I was asking the about the DVLA access thing and the sale of the debt I still maintain happened. BW Legal were silent on this matter (which of course was expected), but as they have been silent (rather than cut and paste a reply) on most salient matters I find it to be revealing.



I was only enquiring about the DVLA thing and how I found it odd that they are using data obtained 5 years ago.


Back at the time I had a letter saying the debt (alleged) had been bought by another company, that is why at the time I thought it was all over, becuase at the time when I researched it, it seemed that if this happened it was not enforceable and hence why we ignored everything received after that time.


I still stand by that and am trying to find the paperwork which as it it five years old I may not find it and hecne my SAR requests to see if it leaks out that way.



Considering banks have been fined for retrospectively altering records, I dont see how this is out of the realm of possibility with a parking company.


I know you guys are offering free help and I am grateful for that, but when researching the volumes and volumes of information, it is no surprise that things are confusing for people just starting out on all this and things arent always that easy to find on the board

Redx

Whatever you think , I stand by what I said

1) the alleged debt has not been sold on

2) the PPC cannot access keeper details more than once

Now that you know your assumptions are incorrect , do the research to find out why , we won't do it for you and it's need chewed over many times on here

Bear in mind this forum is about parking tickets , not legal advice for court cases