BW Legal County Court Claim

Oldo900

Hi,


Nearly 2 years ago I parked at what I now know through this forum to be a well known car park designed to trap motorists near Southampton. The car park in question is owned by Vets for Pets in Sholing and managed by Premier Park Limited. Its in front of a Subway where I stopped for a coffee (17 minutes) It took a second visit on foot armed with my reading glasses for me to find out it was in fact a very poorly signed private car park. I did take pictures at the time. A look recent look via google earth shows the same car park with even less signage than 2 years ago!



Rightly or wrongly I chose to ignore all the usual disturbing threatening letters from various entities all part of the same group which seemed to taper off until on the 19th Dec 2019 I received a well timed County Court claim form. As I chose not to enter correspondence I have not admitted being the driver of the vehicle.



I have replied online acknowledging service of the claim and filed my intention to dispute the whole of the claim, giving me 28 days to produce my defence to the court.


Here are the particulars of the claim:


The claimants claim is for the sum of £112.84 being monies due from the Defendant in respect of a Parking Charge Notice (PCN) issued on 17/03/18 (issue date) at 14.06.04 at Vets for Pets Southampton (ANPR)


The PCN relates to a Vauxhall under registration W******. The terms of the PCN allowed the defendant 28 days from the issue Date to pay the PCN, but the defendant failed to do so. Despite demand having been made the Defendant has failed to settle their outstanding liabilty.


The Claim also includes Statutory interest persuant to section 69 of the County Courts Act 1984 at a rate of 8% per annum a daily rate of 0.02 from 17/03/2018 to 18/12/2019 being an amount of £12.84.


The Claimant also claims £60.00 contractual costs pursuant to PCN Terms and Conditions.


Amount claimed £172.84
Court fee £25.00
Legal representatives costs £50.00
Total amount £247.84


My next move will to be to draft a defence letter based on some of the templates provided by the forum and post it for scrutiny/criticism.


As a footnote I have mention I personally met the proud founder of Vets for Pets last year and mentioned this particular car park to him as I didn't believe his morals would support his company using a management company with such unscrupulous methods of operation. Understandably as a Director of a Billion pound company he didn't want to further the conversation saying that Vets for Pets probably merely leased the use of the car park and had no input or connection to the management of it. I don't know if this could work to my advantage in questioning Premiers Park Limited's juristiction over that car parking area?


I'm extremely grateful for the knowledge gained from this forum that's given me the confidence to stand up in this case and thankful to those who give up their time helping people like me.

KeithP

Oldo900 wrote: »

...on the 19th Dec 2019 I received a well timed County Court claim form.

I have replied online acknowledging service of the claim and filed my intention to dispute the whole of the claim, giving me 28 days to produce my defence to the court.

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

Upon what date did you file an Acknowledgment of Service?
MCOL claim history will give a definitive answer on that.

Coupon-mad

If your nearest court is Southampton, you need to read the thread by CEC16 and what happened in your back yard in November.

Then, find the two Warwick threads, one by CrystalTips and one by Jon something, and get the Premier Park strike out decision from 'jon's' thread, where Warwick DDJ Josephs struck a Premier Park case out using the same words as were used at Soton.

Attach the Warwick Premier Park 'strike out' judgment by DDJ Josephs to a defence copied & adapted from a recent one, and show us what you get!

We want Soton Judges to see DDJ Josephs' Warwick PP 'strike out' order, and we'd like to be a fly on the wall, if your defence and attachment gets as far as allocation to Soton! Premier Park cannot for one minute pretend they don't know they can't add £60.

Oldo900

From MCOL:


A claim was issued against you on 19/12/2019


Your acknowledgment of service was submitted on 24/12/2019 at 00:38:22


Your acknowledgment of service was received on 24/12/2019 at 08:05:18

beamerguy

The Claimant also claims £60.00 contractual costs pursuant to PCN Terms and Conditions.


Despite BWLegal being told that this is ABUSE OF PROCESS by the courts, not only are they abusing you, they are abusing the court system

After reading the following thread and coupon-mad's post # 14 which gives you the defence you need, you issue a severe complaint to the SRA https://www.sra.org.uk/consumers/problems.page about this constant abuse and wasting the courts time

Abuse of Process ... District Judge tells BWLegal
https://forums.moneysavingexpert.com/discussion/6014081/abuse-of-process-district-judge-tells-bwlegal

Oldo900

Coupon-mad wrote: »

If your nearest court is Southampton, you need to read the thread by CEC16 and what happened in your back yard in November.

Then, find the two WSarwick threads, one by CrystalTips and one by Jon something, and get the Premier Park strike out decision from 'jon's' thread, where Warwick DDJ Josephs struck a Premier Park case out using the same words as were used at Soton.

Attach the Warwick Premier Park 'strike out' judgment by DDJ Josephs to a defence copied & adapted from a recent one, and show us what you get!

We want Soton Judges to see DDJ Josephs' Warwick PP 'strike out' order, and we'd like to be a fly on the wall, if your defence and attachment gets as far as allocation to Soton! Premier Park cannot for one minute pretend they don't know they can't add £60.

I've read the CEC thread with interest and its slightly daunting to say the least. At what point and how do I try to get my case heard in Southampton, do I have to make a request or is the option give at some stage in the process? I'm obviously new to all this.

Le_Kirk

Oldo900 wrote: »

I've read the CEC thread with interest and its slightly daunting to say the least. At what point and how do I try to get my case heard in Southampton, do I have to make a request or is the option give at some stage in the process? I'm obviously new to all this.

You select your (local) court when you complete and submit the DQ. For all info on the process see the NEWBIE sticky post #2 and read the "What happens and when" link.

beamerguy

Oldo900 wrote: »

I've read the CEC thread with interest and its slightly daunting to say the least. At what point and how do I try to get my case heard in Southampton, do I have to make a request or is the option give at some stage in the process? I'm obviously new to all this.

If you can select Southampton, it will not be daunting for you, more so VERY daunting for BWLegal because they will have to explain why they are abusing the court when Southampton has already told them the fake add-on is abuse of process

nosferatu1001

Indeed, SOuthampton is exactly where you *want* to be.

KeithP

Oldo900 wrote: »

From MCOL:
A claim was issued against you on 19/12/2019
Your acknowledgment of service was submitted on 24/12/2019 at 00:38:22
Your acknowledgment of service was received on 24/12/2019 at 08:05:18

With a Claim Issue Date of 19th December, and having filed an Acknowledgement of Service in a timely manner, you have until 4pm on Tuesday 21st January 2020 to file your Defence.

That's under two 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. No need to do anything on MCOL, but do check it after a few days to see if the Claim is marked "defence received". If not, chase the CCBC until it is.

Having filed your Defence, your work is not yet complete.

1. Do not be surprised to receive an early copy of the Claimant's Directions Questionnaire. Nothing of interest there. Just file it.
   
2. Wait for your own Directions Questionnaire from the CCBC, or download one from the internet, and then complete it as described in bargepole's 'what happens when' post.
3. The completed DQ should be returned by email to the CCBC to the same address and in the same way as your Defence was filed earlier.
4. Send a copy of your completed DQ to the Claimant - to their address on your Claim Form.

Coupon-mad

Depends if your local court is Southampton. You can't just 'shop' for (choose) a court if you don't live or work there, as you would have no reason to select it.

I am hoping it is your local court, which makes it far from daunting because a defence that talks about the Southampton strike out and attaches proof that Premier Park had one struck out at Warwick on exactly the same basis, might well see DJ Grand or Taylor doing the same for you, with no hearing.