Letter of Claim for a 2 year old ticket!!

Liamd

Hi all,
This claim is that old my original thread is closed so I apologise for the new one.
So long story short in August 2017 we had family holiday in Torquay I parked in a PPS car park and didn’t pay immediately but didn’t leave the car park. I did however pay for 2 hours parking and according to their own cameras only stayed on site for 1hour 40.

We’ve been through the ‘appeals stage’ and debt recovery stage now BW Legal has sent a letter of claim with a cut off date of 14th of February, so I’ve been doing my research in the newbies thread and it looks like i need to send a SAR to PPS I’ll also be complaining to the land owner and my MP again.

My question is should I respond to BW Legal and if so what?
It seams like a open shut case to me I paid for all the time I was on site I just don’t want to be tripped up a a technicality.

Thanks for any help.

The_Deep

From what you have told us, if they are foolish enough to take this to court they are likely to crash and burn. Personally, I would be reluctant to discourage them.

How much are they asking for? If they have aimadded an unlawful £60 ask the judge to dismiss the claim for abuse of process.

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

Liamd

The_Deep wrote: »

From what you have told us, if they are foolish enough to take this to court they are likely to crash and burn. Personally, I would be reluctant to discourage them.

How much are they asking for? If they have aimadded an unlawful £60 ask the judge to dismiss the claim for abuse of process.

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

Yes I’m confident as I say it looks like a open shut case, I’m just worried as I have no clue on court procedures or legal wordings.

It looks like they have added this abuse of process charge the principal balance is £100 with £60 debt recovery costs, then they’ve got a load of other estimated costs if we go to court.

I’d quite like to charge them for my own costs I told them this in my original defence, this is a complete waste of my time.

Redx

Everyone is encouraged to claim costs in a costs schedule at the WS plus Exhibits stage

Read all the winning court case threads to get the gist , try a forum search using the drop down forum Search box and keywords from a well known hit by Queen

Duh duh duh , AOBTD

The claimant has 6 years to try a court claim so 2 years is nothing

Fruitcake

The guide to court written by bargepole in post 2 of the NEWBIES tells you what to do and when. This is a step by step guide from LBC to the court appearance.

Do the SAR asap and include a copy of the V5C as proof of ID. If you no longer have it then include a redacted copy of utility bills/card statements.

beamerguy

Liamd wrote: »

It looks like they have added this abuse of process charge the principal balance is £100 with £60 debt recovery costs, then they’ve got a load of other estimated costs if we go to court.

Yes, BWLegal are scamming you and the courts with that fake £60

Abuse of Process ... District Judge tells BWLegal

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

POST # 14 by coupon-mad is the defence for you

Of late BWLegal have stated that such a defence is a copy and paste and is nonsensical ?
It is their claim that is nonsensical by ignoring the courts saying the fake £60 is ABUSE OF PROCESS

After the wrath of the Southampton court and the subsequent failure by BWLegal to appeal the ruling, more and more courts are fully aware of this scam.

At the moment, the spankings being given are for reasons other than the Abuse of process
It is reasonable to believe that the courts don't want a repeat of Southampton and indeed when they see abuse of process, there are plenty of other reasons to dismiss the case

It is therefore vital to include coupon-mad's text so the judge is alerted

It is also reasonable to believe that in 2020, BWL will be the most spanked legal in the UK

Runner up will be Gladstones

Liamd

Morning all,
I have been trawling through the BPA website looking at ‘grace periods’ which seams to be the claim against me.
Consideration and Grace Periods

13.1 The driver must have the chance to consider the Terms and Conditions before entering into the ‘parking contract’ with you. If, having had that opportunity, the driver decides not to park but chooses to leave the car park, you must provide them with a reasonable consideration period to leave, before the driver can be bound by your parking contract. The amount of time in these instances will vary dependant on site size and type but it must be a minimum of 5 minutes.

13.2 The reference to a consideration period in 13.1 shall not apply where a parking event takes place.

So from what sense I can make of the information available they are actually claiming for a consideration period not a grace period, and as I park a consideration period does not apply.

Am I right here? Or am I just looking at proving my self correct?

Thanks for everyone’s help

Redx

Read the CoP in place at the time of the incident , not the January 2020 version

Dates matter in Court cases , so you are wrong here

Liamd

Good point thanks Redx! The CoP at the time then would have been version 6 2015 - 2018 I think. Which unfortunately isn’t as decisive on the consideration period.