Advice county court claim, BW legal

jvf1000

Hello
Could someone please advise me on what I should do.
To summarise
My wife received a PCN(Link parking) in January this year for parking within a gated private parking space when visiting the tennants at our appartment. The reason for the ticket was given as 'not clearly displaying a valid permit' . Parking spaces are allocated to the apartments.
Link parking was contacted to dispute the PCN and the managing agents confirmed to them (Link) that she was the owner of the appartment and parking space. Also, as we did not have a permit to display, they(Link) sent us a new permit.
The appeal to the parking firm was rejected.
A further email was sent to Link to dispute their ticket but no reply was received

Earlier this month I met the tennant who handed over several letters from May through to July culminating in a County Court Claim letter from Northampton.
The charges have escalated now with all their ad ons.
I am not sure as to what I should do now.
The letters were all sent to the wrong address ( we do not live there).
The car in question does not belong to my wife but me. Why can't I just ignore the whole thing--wrong address and no notice of the pcn to the car owner.
I also do not wish to give any further information to the BW legal people (anything more than what they have).
Any advise would be a greatly appreciated.

KeithP

What is the Issue Date on the County Court Claim Form?

Who is the Registered Keeper of the car?

What is the address of the Registered Keeper as shown on the vehicle's Registration Document(V5c)?

Redx

if that is the issue date it should now be a default CCJ on the defendants credit record, which last for 6 years (which should not be ignored)


check the credit rating asap

KeithP

I agree with Redx.

I'm a bit puzzled though.

Why is your wife the named Defendant when you are the Registered Keeper?

How did the tenant's address get involved in this?

KeithP

jvf1000 wrote: »

On the moneyclaim website there is nothing about a CCJ being passed.

Then perhaps the Defendant should file a Defence pdq - before the Claimant wakes up and requests a Default Judgment.


When the Defendant is happy with the content, the Defence could be filed via email as suggested here:

Print the 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

Has the recipient of this claim now lodged an URGENT defence? Please let us help, don't let your wife pay the silly amount of money that the PPC will NOT get at any hearing, and don't fire off something weak without research.

And DON'T do it in your name!

Le_Kirk

In post # 3 you said you were the registered keeper but your defence states: -

2. The Defendant is not the registered keeper of the vehicle in question.

Which is it?

The_Deep

Is your wife's name on the lease? If so she might wish to consider making a counter claim against the PPC for interfering with her leasehold right to quiet enjoyment of her property under The Landlord and Tenants Acts. When she wins she might also consider asking for unreasonable behaviour costs under CPR27.14(2)(g).

Nine times out of ten of these tickets are scams so consider complaining also 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

1505grandad

Perhaps the following Defence written by Coupon-mad (post #17) will be helpful when adapted accordingly:-

https://forums.moneysavingexpert.com/discussion/5884618/own-apartment-parking-fine&highlight=gated+fob

Abuse of Process thread by Beamerguy (post #14 also written by C-m) with numbered paras should be inserted as usual if the claim includes added charges.

Le_Kirk

You cannot write a defence for someone else. If you are writing the defence, you write as if your wife had written it and then SHE signs it.

jvf1000

thank you all so far.
Yes, my wife is also involved in writing it and she will sign it off before sending.