Napier & BW Legal

hehunts85

Hi,

I have read all the newbie stuff and looked at all cases i can see, however i cant quite see one like i have, i may have missed it with all the hunting i have done, so apologies if i have.

I received a letter of claim from BW Legal, for a 'Failure to display a valid pay and display ticket' this occurred on the 22nd March 2014.
At that time there were 2 people driving the same car, myself and the registered owner, neither of which can remember 2014, there was a chance that the driver was not the named driver.
i have looked through all paperwork i have and cannot find anything from then.
I have seen options of doing a Subject Access Request to gather all information that have, but would that (a) start the 6 years again (b) stop BW Legal from trying to issue a CCJ?

They have been contacted by Napier Parking Limited to pursue this, and we have until the 24th Dec to pay £140 or respond, or they are going to issue a claim against the registered owner in the County Court,
the £140 is broken down as follows - Principal balance - £80 Total debt recovery costs £60.

I am not sure where to go from here as we are 3 months away from 6 years, or do i tie them up in correspondence for that time to see the date go by.
if there is anyone who could advise that would be awesome.

Hehunts

nosferatu1001

1) n such thing as a "registered owner", youve made that term up.
2) No of course it does not start the 6 years again
3) No of course it does not affect them from issuing a "CCJ", because only a Court can issue a Judgement, all BW can do is issue a CLAIM. Please use the riught terms.
4) No theyre not, theyre going to chase the registered keeper

Im at a loss as to how the multiple examples in the NEWBIES thread dont cover this already?
Back in 2014 I woul dguess theres no chance that Napier have met POFA2012 requiremetns to hold the Keeper liable - note I didnt use the word "owner" there at all - but I am sure I will be corrected if that iusnt the case

Obvious first step: SAR to NAPIER
Obvious second step: Response to BW Legal right at the end of the period they gave you, denying the debt, state seeking debt advice and require they restrict processing for a minimum of 30 days. Also chuck in a simple defence of - RK canot be liable as their client has not met the provisions of POFA to hold the keeper liable

beamerguy

They have been contacted by Napier Parking Limited to pursue this, and we have until the 24th Dec to pay £140 or respond, or they are going to issue a claim against the registered owner in the County Court,
the £140 is broken down as follows - Principal balance - £80 Total debt recovery costs £60.

Sounds like a Letter Before Claim giving you 30 days to respond.
When is the letter dated ?

BWLegal have been told by the courts that they cannot add the fake £60, the courts are spanking them for this.

So, as a letter before claim you must reply. The letter should prove their claim and if not, you ask them for proof.

You also ask them on what authority do they have to circumvent the law of POFA2012 and the ruling of the Supreme court.

Debt recovery costs are not a valid reason to add the fake £60

STUDY THIS CAREFULLY
Abuse of Process ... District Judge tells BWLegal

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

Coupon-mad

I have seen options of doing a Subject Access Request to gather all information that have, but would that (a) start the 6 years again (b) stop BW Legal from trying to issue a CCJ?

(a) no. It never gets reset in these cases, it's not like a CCA agreement.

(b) Yes, if you email BW and tell them you are getting a SAR and seeking DEBT ADVICE but deny any debt.

we have until the 24th Dec to pay £140 or respond,

Don't rush that SAR to Napier and email to BW. If you can, send them both after working hours (5pm onwards, on 24th December (make a note now to do it then!).

hehunts85

Hi all,

Thanks for your previous help, apologies its taken so long to reply, has some personal things going on, well as predicted we have received the ' NOTICE OF COUNTY COURT CLAIM ISSUED' letter from BW,

This along with a claim form from the county court business centre.

They're stating they didn't receive the initial response until 30th December, and because this wasnt before 24th December, they issued this on the 6th Jan.

The total they want to charge is £257.18, with a breakdown of -
£182.18 - amount claimed
£25.00 - court fee
£50.00 - legal representative's costs

We have also not received the SAR back from Napier parking as yet,

I need to start thinking of submitting my defence to them, should i wait for the SAR to arrive or continue on,
Thanks in advance,

Coupon-mad

They're stating they didn't receive the initial response until 30th December, and because this wasn't before 24th December, they issued this on the 6th Jan.

LOL, you can mention that as a failure to follow the PAP then, because you clearly said you were seeking debt advice and they admit they received that in DECEMBER, yet still filed a claim a week later! That can be mentioned in the defence and Witness Statement. A defence example to adapt is in basher52's thread.

As you have plenty of time, wait for the SAR as long as you've done the AOS (not sooner than 5 days from the issued date of the claim, though). Ad of course don't fail to file a defence in time if the SAR never arrives!

KeithP

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

The_Deep

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

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][/FONT]

hehunts85

Hi, 
Apologies i have been quiet here, just started a new job.
Well since the last message we have pretty much received a letter a day from BW legal, on 30th Jan, received a letter headed "notice of intention to proceed" since that we have received county court papers, and a pack including their response to my defence, also a "without prejudice save as to costs" offer to pay then £180.
I was wondering what the best way to upload this would be? We have until the 21st Feb to respond.
Its all starting to get a little annoying now as its interfering with my work, as i work for the Government.
Thanks in advance

Redx

Read the previous post , what is the issue date on the claim form ??

hehunts85

Redx said:

Read the previous post , what is the issue date on the claim form ??

sorry completely missed this message  
its the 31st December