BW Legal CCJ Please Help!

mothercourage

Hello,

I have recieved a CCJ form from County Courts asking for a response by 23rd Sept and a letter from BW legal demanding response by 28th Sept.
Im feeling very overwhelmed and dont want to get ripped off by these cowboys,
I have read the newbies post, but am still at a bit of a loss, I have scanned in the letters and can post them here if that helps?
It is a parking fine for over staying in a car park with random parking signs dotted around, I would be willing to pay a parking fee but over £200 now is ridiculous.
How can I beat them?!
Thanks for your patience

KeithP

Have you received a County Court Judgment - for that's what a CCJ is, or have you perhaps received a County Court Claim Form?

If it is a Claim Form you have, what is the Issue Date on it, and did it come from the County Court Business Centre in Northampton, or from somewhere else?

mothercourage

You are right , it is a claim form. It was the letter from BW Legal that said cCJ.
Yes it is from Northampton.
Issue date 4th Sept 2019

Le_Kirk

KeithP will take that info and give you an 8 step approach to dealing including your deadlines. For your part you should read the NEWBIE sticky post # 2 and in particular the 17 re-written defences and pick the one that most nearly suits your circumstances. Use this as the basis for your defence and add the abuse of process by going HERE. Scroll down to post # 14 of that thread and use the comments posted by Coupon-mad to add to your defence.

KeithP

mothercourage wrote: »

It is a claim form.
Yes it is from Northampton. Issue date 4th Sept 2019.

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 nearly 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.

Le_Kirk

There you go - 8 minutes, nice one Keith.

beamerguy

You are right, £200 is ridiculous but then again, so is BWLegal.

Assume they added their normal scam of £60 which is not allowed

This additional charge is not recoverable under the protection of freedoms act 2012, Schedule 4

Abuse of Process ... District Judge tells BWLegal

No hearing, just kicked out of court
https://forums.moneysavingexpert.com/discussion/6014081/abuse-of-process-district-judge-tells-bwlegal

mothercourage

Thank you for being so helpful.
Shall I just roll with the bad signage defence? Non of the others really make sense to use with an over staying case. The car park does have signs, they aren't great but I'm just not sure any of the other defended would work for this. But maybe that plus the abuse of process could work?

beamerguy

mothercourage wrote: »

Thank you for being so helpful.
Shall I just roll with the bad signage defence? Non of the others really make sense to use with an over staying case. The car park does have signs, they aren't great but I'm just not sure any of the other defended would work for this. But maybe that plus the abuse of process could work?

Abuse of process by BWLegal must be highlighted to a court as they are flouting the law

Coupon-mad's post # 14 gives you the text you can copy and use
https://forums.moneysavingexpert.com/discussion/6014081/abuse-of-process-district-judge-tells-bwlegal

Coupon-mad

Show us your draft. Cases are never just about signage.

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