BW legal issue county court summons for 8 year old fine

minzja

Hi, recently received a inflated demand for payment for a fine from 2011. I appealed at the time, which they subsequently denied receiving. I complained and then no contact until a few weeks ago. I responded to the county court letter (from Northampton) and have submitted my defence. Started reading through this forum to get advice about next steps and have come across the statute of limitations being referred to as six years. Can anyone tell me whether this means what they are doing is wrong?

:mad:

Umkomaas

Which parking firm is involved?

BrownTrout

8 years ? statute barred as you say.i hope that's what your defence is centred round. End ot story. If not you habe a shot yourself in the foot

Fruitcake

The limitations for starting a claim in the Small Claims Court is six years in England and Wales, and five years in Scotland.

If a claim is started before that time then it can continue after the five/six year period. It cannot be pursued if the claim is started after the cut off date, even though the debt may still exist.

You should contact the scammers and scamlicitors direct pointing this out and quoting the relevant parts of the legislation covering it.

You should also write direct to the court to point this out, again quoting the legislation.

minzja

The parking firm is Premier Park. It seems strange that they would leave it for 8 years and then start writing to me again. I'm wondering whether the 6 year rule counts if they started writing to me in 2011. But then stopped when I complained so I had assumed they had dropped it. I will contact the court to see if my case is covered by the statute of limitations.

Thanks for your feedback and I'm wondering if anyone else in the forum has reported such a big gap from the initial contact.

minzja

Premier Park

Umkomaas

You can almost be sure that no one has even looked at your case. It's just one of many hundreds of unpaid PCNs that Premier Park have shunted over to BWL, who have simply shovelled them all into their sausage machine for robo-processing.

Do what Fruitcake advises above:

You should contact the scammers and scamlicitors direct pointing this out and quoting the relevant parts of the legislation covering it.

You should also write direct to the court to point this out, again quoting the legislation.

Threaten BWL that unless this is stopped in its tracks, you will, without hesitation, complain to the Solicitors Regulation Authority.

beamerguy

minzja wrote: »

The parking firm is Premier Park. It seems strange that they would leave it for 8 years and then start writing to me again. I'm wondering whether the 6 year rule counts if they started writing to me in 2011. But then stopped when I complained so I had assumed they had dropped it. I will contact the court to see if my case is covered by the statute of limitations.

Thanks for your feedback and I'm wondering if anyone else in the forum has reported such a big gap from the initial contact.

Premier park are dredging their cesspit, maybe shows the sign of their business at present

BWLegal probably don't have a clue.

Have they included the fake £60 add-on scam ?
Will be interesting to see what proof they have of the claim going back to 2011

Coupon-mad

Umkomaas wrote: »

Threaten BWL that unless this is stopped in its tracks, you will, without hesitation, complain to the Solicitors Regulation Authority.

I agree.

BW Legal have form for allegedly filing barred/impossible to recover claims for Premier Park and are currently scrabbling around trying to cover their tracks with at least one other SRA Complaint.

I suspect Premier Park are scraping the barrel without checking what's in the barrel.

So add your complaint to the the SRA. A solicitor should undertake enough due diligence to know that a 2011 PCN is statute barred from recovery by way of a county court claim and unlike with other (proper) debts such as those with a CCA Agreement signed, the 6 year limitation time doesn't re-start each time a person responds.

The_Deep

If this were to go to court consider asking for "unreasonable behaviour" costs under CPR27.14(2)(g).

Also consider making a complaint to the SRA.

https://www.sra.org.uk/consumers/problems/report-solicitor

If they have used your personal date inappropriately complain about that to.

[FONT=Times New Roman, serif]Nine times out of ten these tickets are scams, so consider complaining to your MP after the election, it can cause the scammer extra costs and work.

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.

[/FONT][FONT=Times New Roman, serif]http://www.legislation.gov.uk/ukpga/2019/8/contents/enacted[/FONT][FONT=Times New Roman, serif]

Just as the clampers were finally closed down, so hopefully will many of these Private Parking Companies.[/FONT]

Half_way

Quick heads up, this is not a fine, also did you know who's car park this parking charge relates to ?