Claim Form - BW Legal

alexjames9

Hi there. I've received a claim form through from BW Legal issued 5th Feb 2020. I've only just seen it though as I've only come back off my holiday today. I knew nothing about the PCN and cannot remember parking as it was issued over a year ago. I had nothing on the windscreen and nothing through to post - perhaps due to not updating the log book (happened with a speeding ticket also - from which I've learned my lesson!).

Here are the particulars of claim: The claimants claim is for the sum of £xxx.xx being monies due from the defendant to the claimant in respect of a PCN issued on xx/xx/xxxx at xx:xx at *place*. The PCN relates to *car make* under registration *car reg*. 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 liability. The claim also includes statutory interest pursuant to section 69 of the county courts act 1984 at a rate of 8% per annum a daily rate of x.xx from xx/xx/xxxx to xx/xx/xxxx being an amount of £x.xx. The claimant also claims £xx.xx contractual costs pursuant to PCN terms and conditions.
I've skim read the newbies thread but I figured time is of the essence here so I opened this thread and I'll read some more into it. Any help on how I can defend this would be great. I believe I have to send of an acknowledgement first? Many thanks in advance.

D_P_Dance

For how much are they asking?  If they have added an unlawful £60 read this thread

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

and thrn complain to the SRA

https://www.sra.org.uk/

Have you read the stickies?  If so you will know that 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.

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.

alexjames9

D_P_Dance said:

For how much are they asking?  If they have added an unlawful £60 read this thread



and thrn complain to the S

Have you read the stickies?  If so you will know that 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.

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

Thanks for the reply I'll have a read of your links and the stickies.

Unlawful £60? That's the bit on the end of the particulars I think? "The claimant also claims £60.00 contractual costs pursuant to PCN terms and conditions". Is that right?

beamerguy

If BWLegal has added a further £60 to their claim, IT'S FALSE, IT'S FAKE and they are scamming you and the court.    Read the link above given by D_P_Dance

KeithP

alexjames9 said:

Hi there. I've received a claim form through from BW Legal issued 5th Feb 2020. 
I believe I have to send of an acknowledgement first?

With a Claim Issue Date of 5th February, you have until Monday 24th February to file an Acknowledgement of Service, but there is nothing to be gained by delaying it. To file an AoS, follow the guidance offered in a Dropbox file linked from post #2 of the NEWBIES FAQ sticky thread - https://forums.moneysavingexpert.com/discussion/4816822/newbies-private-parking-ticket-old-or-new-read-these-faqs-first-thankyou 

About ten minutes work - no thinking required.

Having filed an AoS, you have until 4pm on Monday 9th March 2020 to file your Defence.

That's nearly a month 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:

1. Print your Defence.
   
2. Sign it and date it.
   
3. Scan the signed document back in and save it as a pdf.
   
4. Send that pdf as an email attachment to CCBCAQ@Justice.gov.uk
5. 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'.
   
6. 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...
   
   
7. Do not be surprised to receive an early copy of the Claimant's Directions Questionnaire. Nothing of interest there. Just file it.
   
8. 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 the NEWBIES thread - https://forums.moneysavingexpert.com/discussion/4816822/newbies-private-parking-ticket-old-or-new-read-these-faqs-first-thankyou"]
   
9. 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.
   
10. Send a copy of your completed DQ to the Claimant - to their address on your Claim Form.

nosferatu1001

Do as above
NEWBIES thread to get the walkthrough on how to acknowledge
CONFIRM to us you have acknowledged. THEN you get reading the 17 defences. 

Le_Kirk

nosferatu1001 said:

Do as above
NEWBIES thread to get the walk through on how to acknowledge
CONFIRM to us you have acknowledged. THEN you get reading the 17 defences. 

Sage advice as always, however there are only 16 defences now - one of the links (pay by RingoApp) is broken.