PPS/Country Court - Claim Form

gingerbeardman

Hi all,

We recently received a letter from PPS/Country Court, which includes sections:

- Claim Form
- Response Pack
- Acknowledgment of Service
- Admission (specified amount)
- Defence and Counterclaim (specified amount)

Claimant: Premier Parking Solutions
via BW Legal

Issue date: 09 Sept 2019

Amount claimed: £160
Court fee: £25
Legal rep costs: £50
Total amount: £240

I have taken out the interest amount from these figures to try to avoid any personally identifiable information.

I have read that the bogus £60 contractual costs is enough to get this thrown out due to abuse of process: hxxps://forums.moneysavingexpert.com/showthread.php?t=6014081

We also know that the person on the letter was not driving at the time.

I can provide scans of the documents if required.

I have just done the AoS on Money Claim Online.
Tomorrow will be 14 days after filing.
Then 14 new days from the AOS.

Have I missed anything?

Cheers

KeithP

gingerbeardman wrote: »

Issue date: 09 Sept 2019.
I have just done the AoS on Money Claim Online.

With a Claim Issue Date of 9th September, and having done the Acknowledgement of Service in a timely manner, you have until 4pm on Monday 14th October 2019 to file your Defence.

That's over three 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.

Coupon-mad

I have read that the bogus £60 contractual costs is enough to get this thrown out due to abuse of process: hxxps://forums.moneysavingexpert.com/showthread.php?t=6014081

Unlikely unless you live in Southampton or the Isle of Wight.

You haven't said what the date of the event was and what contravention, which car park and whether they sent a POFA compliant NTK or not.

The_Deep

Unlikely unless you live in Southampton or the Isle of Wight.

Don't ask, don't get. This is clearly AOP and OP should press hard.

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

gingerbeardman

Coupon-mad wrote: »

Unlikely unless you live in Southampton or the Isle of Wight.

You haven't said what the date of the event was and what contravention, which car park and whether they sent a POFA compliant NTK or not.

We don't live in those areas. But I'll still be mentioning that.

Do I need to provide those extras details as they would likely mean we can be identified.

I will try to find the original NTK but I am not hopeful.

The_Deep wrote: »

Don't ask, don't get. This is clearly AOP and OP should press hard.

Nine times out of ten these tickets are scams so consider complaining to your MP.

I have contacted my MP - thanks!

gingerbeardman

Almost done with the defence which I will post here soon.

Today received a BW Legal letter: "NOTICE OF PENDING COUNTY COURT JUDGEMENT" with lots of frightening language but no actual point.

I assume this is a last attempt shake down to get payment.

beamerguy

gingerbeardman wrote: »

Almost done with the defence which I will post here soon.

Today received a BW Legal letter: "NOTICE OF PENDING COUNTY COURT JUDGEMENT" with lots of frightening language but no actual point.

I assume this is a last attempt shake down to get payment.

Worth showing a judge that letter and that BWLegal think they can circumvent what a judge will say, plus BWLegal attempting to circumvent the law of POFA2012 and the Supreme Court.
On what authority do BWLegal have to do this

As long as you have used coupon-mad's text from post #14 here
ABUSE OF PROCESS
https://forums.moneysavingexpert.com/discussion/6014081/abuse-of-process-district-judge-tells-bwlegal
BWLegal won't have a clue what a judge will say to them

With a letter saying "NOTICE OF PENDING COUNTY COURT JUDGEMENT"
you should report them to the SRA who are currently invesigating the workings of BWLegal
https://www.sra.org.uk/consumers/problems.page

gingerbeardman

In the letter they say "if you do not respond" they will "enter a CCJ against you after 20 October 2019"

beamerguy

gingerbeardman wrote: »

In the letter they say "if you do not respond" they will "enter a CCJ against you after 20 October 2019"

I wonder who writes this rubbish from BWLegal, it's not even been to court yet ???????

Right now given their constant add-ons, BWLegal will never know, on any day if they will win or get another spanking

You however can claim your costs against them, that is a fact they know

gingerbeardman

Just working on the defence.

How do I approach things if I (as the person who was driving/parking) is not the keeper of the car and the person to whom all these letters are addressed?

KeithP

gingerbeardman wrote: »

Just working on the defence.

How do I approach things if I (as the person who was driving/parking) is not the keeper of the car and the person to whom all these letters are addressed?

Not sure what you are saying here.

Is the Defendant the keeper, but wasn't driving at the time?
There are plenty of Defences linked from post #2 of the NEWBIES thread.
Is there nothing suitable there?

The person who is named as the Defendant on the Claim Form is the person who must defend the claim.

Remember...

...you have until 4pm on Monday 14th October 2019 to file your Defence.