Premier / BW Legal - County Court Claim

bv_vs_stubborn

EDIT. WON.

First of all. Thank you for all the amazing info and help you provide. It is amazing to see that some people go beyond themselves to fight against the sheer unethical behaviour (yet still legal). I hope I can help by making this company waste a lot of money on chasing me.

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In 2014 I received a ticket from Premier Park for parking at a pub that I worked at for just one evening. I ignored the letters. I once sent them a letter just declaring that I refuse the charge and am not responsible. They continued. Eventually the letters stopped. Until this year they began again under BW Legal. They have now sent a County Court Claim.

Here are some notes.

- There were no clear signs stating no parking. On looking afterwards, there was a tiny, really hidden sign in dark blue (possibly with dark colour font if I remember right) that there was no way you could see in the dark. We arrived in the dark.
- It was on or very close to pub grounds. I imagine many people park there thinking it is part of the pubs ground.
- The landlord told me to ignore the letters as they are scammers and he saw it happen often.
- I am currently waiting for the landlord to call me back with any info he has. The manager is went through it (but stupidly paid as he was scared/lazy).
- There were a few of us in the car. I do not remember who drove. I do not remember who parked the car. But I am the registered keeper so I have it.


Other notes;
- I have done the AOS. Issue date was 09/09/19.
- Claim: £137.80. £25 court fee. £50 legal csts. £60 contractual costs.

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£197 claimed ---- Total £272
- I will look into contacting my MP (I know his daughter which may help) and see if I can make a difference.


I will post my updated and edited defence in a reply.

The_Deep

How much do they want? If they have added £60 read this

https://forums.moneysavingexpert.com/discussion/6014081/abuse-of-process-district-judge-tells-bwlegal

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

KeithP

What is the Issue Date on your Claim Form?

bv_vs_stubborn

Issue Date: 9th September 2019

Coupon-mad

BW Legal (Claimant)

I stopped reading at that point, because NO, it's not.

Your eye for detail needs to be more engaged, please.

bv_vs_stubborn

Original fine of £137. £25 court fee. £50 legal csts. £60 contractual costs.

£197 claimed

Total £272

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I will look into contacting my MP (I know his daughter which may help) and see if I can make a difference.

bv_vs_stubborn

I will edit the OP for each bit of info that comes in.

bv_vs_stubborn

Edited to Premier Park as claimant.

nosferatu1001

PLease dont, as its tiresome scrollling up and down

THe original charge WAS NOT £137.

KeithP

bv_vs_stubborn wrote: »

I am about to do the AOS online (within the next 30 mins)...

If you haven't already done it, I would delay doing the AoS until 14th/15th September.

bv_vs_stubborn wrote: »

Issue Date: 9th September 2019

With a Claim Issue Date of 9th September, you have until Monday 30th September to do the Acknowledgement of Service. If possible, do not do the AoS before 14th September, but otherwise 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 14th October 2019 to file your Defence.

That's over 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

You need to read some of the 17 pre-written defences in the NEWBIE sticky and find at least the standard points, as you've missed landowner authority.