BW Legal Defence Thread - WS Stage - Court Date < 2 weeks

JP26

Firstly thanks to all the posters on this forum, you’re doing an amazing job helping Joe public fight back these absolute dregs of society.

Summary info:

In June of last year, I received a fixed penalty notice in a residents car parking area for not displaying a permit. I am a holder of a guest permit for this parking area which was supplied to me by a friend who lives in the flats, however, it had fallen off the windscreen and onto the driver's seat.

I have ignored all the debt collectors letter, and the only correspondence so far is the initial appeal to BPS, upon receiving the LBC I asked BPS for an SAR which I have received in April. None of this correspondence names me as the driver.

I now received a claim form dated the 20th of August, the particulars not even stating the offence that occurred, just that it is in respect to a PCN issued on XXXXX date at XXX location. I have already done the AOS, giving me until next Friday 20th Sept to submit my defence. I have been reading many BW legal and residents parking defence threads and am waiting for a copy of the lease agreement that my friend who rents the flat ( and therefore the space). This alongside the confirmation from the flat estate manager that my details are on record should form part of my defence. I also intend to argue the signage readability and fonts.


My only concern is the fact I am not the actual leaseholder or resident in the flat, but am a valid holder of a guest permit so in the eyes of the judge I am not sure if producing a snippet of the lease regarding parking would be upheld in court, I am guessing that as I have been issued a permit with my registration number from the Landowner ( Flat Estate Manager) It should be fine as long as I have my permit with me and preferably a confirmation email from the Estate manager of my details were on file.

My other concern is obtaining a copy of the lease, as I have had to ask my friend to ask the estate agent to ask the landlord for a copy. Who knows If they will respond at all and if I don’t will I have a leg to stand on in court?

I also still have the original windscreen PCN which states ‘ A parking charge of 100 pounds is due within 28 days from the date of issue. This is the liability of the driver’ - I perhaps could also use this in my defence as the driver has not been identified.

Proposed Defense to follow shortly once I get the lease and other documents back, would very much appreciate a second pair of eyes.

Thank you

The_Deep

Does not your friend have an AST? Have you read this?

https://parking-prankster.blogspot.com/2016/11/residential-parking.html

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

beamerguy

I agree they are the dregs of society and that's why we treat them such.

I am a holder of a guest permit for this parking area which was supplied to me by a friend who lives in the flats, however, it had fallen off the windscreen and onto the driver's seat.

Did you send a copy to BWLegal ?

Assume BWLegal has added a fake £60 to their claim and how do they explain this ?

If so, BWLegal are applying ABUSE OF PROCESS so read this

Abuse of Process ... District Judge tells BWLegal
https://forums.moneysavingexpert.com/discussion/6014081/abuse-of-process-district-judge-tells-bwlegal

1505grandad

You say "In June of last year, I received a fixed penalty notice in a residents car parking area for not displaying a permit."

What is the full name of the claimant?

KeithP

JP26 wrote: »

I now received a claim form dated the 20th of August. I have already done the AOS, giving me until next Friday 20th Sept to submit my defence.

With a Claim Issue Date of 20th 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 two 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.

JP26

The claimant is Bristol Parking Services LTD

Coupon-mad

Oh good, a small fry company we never hear about. No way will their signs or PCNs be compliant with the Code of Practice or the POFA 2012, I suspect.

Show us the Notice to Keeper (the first postal letter). Both sides, please.

Have you already blabbed about who was driving, in any appeal or contact?

JP26

Thanks beamerguy, BW have indeed added the expected £60 initial legal costs and the estimated solicitor's costs of £50. That's a helpful thread, I will make sure to highlight that in my witness statement.

I sent evidence of my permit to BPS ( Bristol Parking Services) as part of my appeal but they didn't even acknowledge it so I saw little point in sending to BW legal.

Coupon-mad: I don't have an NTK as I initially appealed as the keeper. There has been no mention on who was driving on any of my communications with BPS or BW legal. I appealed as a keeper using the template in the Newbies thread.

Their 'signs' are available to view on the link below:

hxxps://drive.google.com/drive/folders/1NCna3KoJqoocgSEaCez_BhIWJ2R9SVRb?usp=sharing

nosferatu1001

They HAVE to send a NTK otherwise they CANNOT be compliant with POFA. Not possible.

JP26

What I envision has happened is BPS have 'assumed' that I am the driver even though my original appeal through their portal stated 'There will be no admissions as to who was driving and no assumptions can be drawn.'

Umkomaas

https://drive.google.com/drive/folders/1NCna3KoJqoocgSEaCez_BhIWJ2R9SVRb?usp=sharing