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Armtrac/KBT/ BW Legal, LBC ***UPDATE, CLAIM DISCONTINUED****


new to the forum but have read the newbie thread, and have followed the steps and put in an SAR and completed the aos (both today), i just need some advice as to where to go next and if i even have a defence.
Back in 2015 (29/06) a PCN was kindly left on the windscreen of my vehicle, claiming that the driver had not displayed a valid ticket, the driver had displayed the ticket but says that it had somehow fallen down (it was June and was a hot day), after returning to the vehicle and reading the notice the driver found the attendant and showed him the ticket, to which he replied that i would have to go through the appeal process on the website. From here the driver didn't appeal and awaited contact from armtrac.
I have managed to find the letters sent to my address (notice to keeper), the first one however was sent to the wrong address which i did not receive for a few weeks later when my neighbour dropped it over, (this letter was dated 21/08/2015) the second letter had arrived at my correct address and is dated 27/08/2015. I ignored these letters and waited for them to take it further as i had a defence and evidence that i thought would work, however, all went quiet so i thought they had given up.
Fast forward to November 8th 2019, i get a letter from BW legal asking me to pay £160 bla bla bla, again i ignored it as thought they were trying their luck again.
On the 5th of feb 2020 i received a letter from northhampton county court business centre (form N1SDT)giving me a claim number and login and asking for £268. 2 days later another letter from BW legal arrived stating a county court claim had been issued and they would like to resolve the matter with me by 25th february (20 days after the date on the letter.
Now, as it was almost 5 years ago the driver does not have the original parking ticket, which was the only solid piece of evidence. I have had a look through some of the fluttering ticket cases and all the cases still have the original ticket. i kind of feel like they have waited in hope that the evidence would be eventually lost but obviously i cannot prove that. The driver was ready to fight the PCN if neccessary. if i remember rightly the machine was also an old one where you didn't have to input VRN and was cash only, so not chance of finding a payment on the day.
i have read up on POFA and people have mentioned it has to be issued 28-56 days after the offence, but not sure if that will help my case or not? I've also seen mentioned the POFA wording and i dont think the original letters used it, but i don't quite understand what this would mean for me anyway? all of this law wording gets confusing!
I am waiting on my SAR to come back from armtrac, and will be emailing BW legal and asking them to hold my case while i wait for information, if thats the right thing to do?
I really appreciate any replies as to what to do now, or what i may have missed or done wrong. Thanks!
I have attached photos with all my personal details blanked out of all correspondence received





Comments
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Is there a reason for them originally writing to the incorrect address? If there's no good reason, the second NtK is too late in being served to hold the keeper liable under PoFA 2012.Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .
I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.
Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.Private Parking Firms - Killing the High Street1 -
i'm not sure what the reason is, its strange that they then sent another 6 days later, if its an error on their part then surely thats not my issue and i can use that as a defence?0
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Umkomaas said:Is there a reason for them originally writing to the incorrect address? If there's no good reason, the second NtK is too late in being served to hold the keeper liable under PoFA 2012.0
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With a Claim Issue Date of 5th February, and having filed an Acknowledgment of Service on 10th February, you have until 4pm on Monday 9th March 2020 to file your Defence.
That's four 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.
- Sign it and date it.
- Scan the signed document back in and save it as a pdf.
- Send that pdf as an email attachment to CCBCAQ@Justice.gov.uk
- 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'.
- 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.
After filing your Defence, there is more to do... - Do not be surprised to receive an early copy of the Claimant's Directions Questionnaire. Nothing of interest there. Just file it.
- Wait for your own Directions Questionnaire from the CCBC, or download one from the internet - https://www.gov.uk/government/publications/form-n180-directions-questionnaire-small-claims-track , and then complete it as described by bargepole in his 'what happens when' post linked from post #2 of he NEWBIES thread - https://forums.moneysavingexpert.com/discussion/4816822/newbies-private-parking-ticket-old-or-new-read-these-faqs-first-thankyou"]
- 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.
- Send a copy of your completed DQ to the Claimant - to their address on your Claim Form.
1 - Print your Defence.
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Umkomaas said:Is there a reason for them originally writing to the incorrect address? If there's no good reason, the second NtK is too late in being served to hold the keeper liable under PoFA 2012.1
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Castle said:Umkomaas said:Is there a reason for them originally writing to the incorrect address? If there's no good reason, the second NtK is too late in being served to hold the keeper liable under PoFA 2012.0
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£268 is far more than the law allows, read this
https://forums.moneysavingexpert.com/discussion/6014081/abuse-of-process-district-judge-tells-bwlegal
and report this greedy law firm to the SRA for abusing the process. They have claimed twice for legal costs.
https://www.sra.org.uk/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 in some cases, cancellation.
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.
You never know how far you can go until you go too far.2 -
Hound - it MAY be. A judge may decide - theyd be erring in law to do so of course -that this was "close enough"
Like always, you NEVER defend any actual claim, if it goes to a claim, on a single point.2 -
As long as you are aware that BWLegal are scamming you and the courts.
Abuse of Process ... District Judge tells BWLegal
https://forums.moneysavingexpert.com/discussion/6014081/abuse-of-process-district-judge-tells-bwlegal/p1
As you will see BWLegal get spanked by the courts and when they appealed the spankings, they got another spanking.
POST # 14 in the above thread gives you the full defence. Written by coupon-mad
PLEASE USE IT
Of late, BWLegal have been stating in their WS that this is copy and paste and it is nonsensical. BUT how can this be nonsensical when you will show actual cases where BWLegal were spanked for scamming the motorist and the court ...... it's mind boggling rubbish
2 -
Please please please please take this to the SRAYou never know how far you can go until you go too far.0
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