Notice of County Court Claim from BW Legal out of nowhere!

luxardo

Coupon-mad wrote: »

Bad advice from a new poster who appears to be from a PPC.

You DO NOT sit and ignore, if BW Legal say they've filed a claim.
No. If BW Legal are right, then there is a claim with your name on it somewhere, and you will get a default CCJ if you don't find it and defend.

Unusually, I would phone BW Legal and ask what address they sent the supposed pre-action letter to, and more importantly, what address for service did they use to the CCBC when filing this claim? Tell them you require a SAR from their client but also need the PCN number please, and alleged date of contravention, in order to do so. And you need that info from BW Legal, as PP won't deal with you for the SAR until you have it!

No answering questions (except to identify yourself as the recipient of this letter and keeper of the car) and no saying who was driving.

They are fishing for your address and if you contact them you will be giving them it and they will start proceedings against you. IGNORE THEM. If they do start proceedings against you and it's at the wrong address you can apply to have any judgement set aside on these grounds. Chances are they will give up if they don't know your address but either way you have nothing to lose.


In any case if the ticket was 2013 it is now 2019 so the 6 year statute of limitations will mean they can't take legal action anyway and if it was before September 2013 that period is over and you are in the clear. Check the trust register just to make sure no CCJ has been filed against you and if not you are laughing .....In fact this is probably why they are fishing now because they know time is running out.
Just waiting for the usual slagging off I get for this "bad advice" lol

Le_Kirk

Spanner68 wrote: »

OK, so the SAR will take up to 30 days. Am I correct in thinking the point of requesting that is that it helps in the formulation of a defence? If so this takes me back to my previous question of how long does one normally get to respond with a defence? The letter says that the County Court claim was made on 6th September.

The results from a SAR will be more useful to you at witness statement stage, just whack it in now. If 6th September is the issue date, then KeithP will be along to give you deadlines for completing AoS and defence but I suspect you are up against it already.

nosferatu1001

What you most urgently need is the date of the Parking incident, and whether they therefore filed before or after the 6 year limitations

Luxardo -they dont need to "fish" for anything. They just do a soft search and find your address. Easy.

KeithP

Le_Kirk wrote: »

If 6th September is the issue date, then KeithP will be along to give you deadlines for completing AoS and defence but I suspect you are up against it already.

Yes, that's right. He will.

But until the OP confirms they have a Claim Form, there's not a lot that can be done.

I can say that if there is a Claim kicking around somewhere with an Issue Date of 6th September, then the Defendant must file an Acknowledgment of Service before next Wednesday, the 25th September, to avoid the risk of being saddled with a Default Judgment.

Having said that, as nosferatu intimates, you would be unwise to do the AoS if the alleged debt is statute barred.

Le_Kirk

KeithP you are right, the OP thinks a claim has been instigated because BW told him in a letter but despite being advised to call BW and then the CCBC (to be fair OP suggested this bit himself) no further info has been forthcoming.

luxardo

nosferatu1001 wrote: »

What you most urgently need is the date of the Parking incident, and whether they therefore filed before or after the 6 year limitations

Luxardo -they dont need to "fish" for anything. They just do a soft search and find your address. Easy.

No, fishing is where they send out letters to an address they are not sure you live at AFTER some initial research (soft search). They are most definitely fishing because if they were certain of the address they would have issued a small claim

The_Deep

I support the Count on this one.

Coupon-mad

In addition the letter refers to a claim reference number "which you will have received directly from the County Court Business Centre"

Do you mean the letter gives you the claim number?

Unless BW Legal have sent that letter to you in error, you (very urgently within the next couple of days) need to track down the claim and if it exists - and is not statute barred by the 6 year rule - acknowledge it.