PCN Claim from Premier Park Limited / BW Legal (Telephone Hearing)

PatrickReacher

Hello.
I have received through a claim form from BW Legal. The issue date is 5th Feb 2020. I have completed an acknowledged of service. I believe this gives me until 4pm on Monday 9th March 2020 to file my Defence. I previously opened a thread but I was using username similar to my real name.

The claim form relates to a PCN I was unaware of from back in 2018. I had nothing on my windscreen and nothing through the post. I moved house around that time and so I hadn't updated the registered keeper address. They may have sent something.
Here's the POC:

The claimants claim is for the sum of £2xx.xx being monies due from the defendant to the claimant in respect of a PCN issued on xx/xx/2018 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/2018 to xx/xx/2020 being an amount of £x.xx. The claimant also claims £60.00 contractual costs pursuant to PCN terms and conditions.

On the previous thread, I was informed that the added £60 was unlawful. 
What are my next steps? Many thanks.

KeithP

PatrickReacher said:

Hello.
I have received through a claim form from BW Legal. The issue date is 5th Feb 2020. I have completed an acknowledged of service. I believe this gives me until 4pm on Monday 9th March 2020 to file my Defence.

On what date did you file an Acknowledgment of Service?
I'll assume on 8th February or later. Please confirm.

With a Claim Issue Date of 5th February, and having filed an Acknowledgment of Service in a timely manner, you have until 4pm on Monday 9th March 2020 to file your Defence.

That's over three 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:

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.

PatrickReacher

Thanks @KeithP.

I had only just gotten back off holiday yesterday when I received the claim form. It was approx 1 hour previous to this post that I had file an Acknowledgment of Service. When does this give me until, to file my Defence?

I have had a read through the various defences on the forum and I am failing to be able to utilise any of it to form my defence. Here's all I've got to go off:

• Unlawful 'contractual costs' of £60 added
• Deficient POC

I can't remember any details such as visibility of signage, times entering and exiting etc.
Please could you advise?
Thanks again.

KeithP

PatrickReacher said:

It was approx 1 hour previous to this post that I had file an Acknowledgment of Service. When does this give me until, to file my Defence?

As stated in my earlier post...

...you have until 4pm on Monday 9th March 2020 to file your Defence.

PatrickReacher

Ahh yes, thanks @KeithP. 
Other than the unlawful £60, is there anything else I can include in my defence? I can't even remember parking there.

PatrickReacher

Okay so here's what I've got to go off to put together a defence

• Unlawful £60 added

Here are some considerations, for which I will await advice:

• I wasn't the only named driver
• I had no idea of the PCN or zero correspondence through the post until the claim form came through. This was perhaps due to not changing my registered keeper address.
• I have no idea what the PCN was for as it was so long ago
• Along with the claim form, I was also sent a letter on the same day from BW Legal. A  'Notice of County Court Claim'.
• The car park in question is free
• I am unable to confirm terms and conditions but from what ive seen online, there is a limit of 4 hours whilst using facilities on site.
• An unnamed person may have overstayed the 4 hours and they may have also gone off site. 
• After looking at Google Maps history, an unnamed person did use the car park, probably for more time than was allowed. However, this unnamed person will have a transaction on their card to prove the facilities were used legitimately.

Based on this,Here's a draft defence:

In The County Court

Claim No: XXXXXXX

Between

XXXXXXX (Claimant)

-and-

XXXXXXX (Defendant)

____________
DEFENCE
____________

1. The Defendant denies that the Claimant is entitled to relief in the sum claimed, or at all.

 

2. Based on the deficient Particulars of Claim, it is believed that the claim relates to a purported debt as the result of the issue of a Parking Charge Notice (PCN) to the driver of the vehicle XXXX XXX, parked at XXX.

 

3. It is admitted that the Defendant was the registered keeper of the vehicle in question, at the time of the alleged issuing of the Parking Charge Notice (PCN).

 

4. The Particulars of Claim does not state whether they believe the Defendant was the registered keeper and/or the driver of the vehicle. These assertions indicate that the Claimant has failed to identify a Cause of Action, and is simply offering a menu of choices. As such, the Claim fails to comply with Civil Procedure Rule 16.4, or with Civil Practice Direction 16, paras. 7.3 to 7.5. Further, the Particulars of Claim do not meet the requirements of Practice Direction 16 7.5 as there is no mention of anything which specifies how the terms were breached.

 

5. It is denied that:
a) A contract was formed
b) There was an agreement to pay a parking charge.
c) That there were Terms and Conditions prominently displayed around the site.
d) That in addition to the parking charge there was an agreement to pay additional and unspecified additional sums.
e)The claimant company fully complied with their obligations within the British Parking Association Code of Practice of which they were member at the time.

6. The Defendant did not enter into any ‘agreement on the charge’, no consideration or communication took place between the parties and therefore no contract was established.

7. The Defendant denies that they would have agreed to pay the original demand of £100 to agree to the alleged contract had the terms and conditions of the contract been properly displayed and accessible.

8. Due to the sparseness of the Particulars of Claim, it is unclear as to what legal basis the claim is brought, whether for breach of contract, contractual liability, or trespass. However, it is denied that the Defendant, or any driver of the vehicle, entered into any contractual agreement with the Claimant, whether express, implied, or by conduct.

9. Further and in the alternative, it is denied that the claimant’s signage set out the terms in a sufficiently clear manner which would be capable of binding any reasonable person reading them.

10. The terms on the Claimant’s signage were also displayed in a font which is too small to be read from a passing vehicle, and is in such a position that anyone attempting to read the tiny font would be unable to do so easily. It is therefore, denied that the Claimant’s signage is capable of creating a legally binding contract.

11. The claim contains a substantial charge additional to each parking charge which it is alleged the defendant contracted to pay. This additional charge is not recoverable under the Protection of Freedoms Act 2012, Schedule 4, nor with reference to the judgment in Parking Eye v Beavis [2015] UKSC 67. It is an abuse of process from the claimant to issue a knowingly inflated claim for an additional sum which it is not entitled to recover and this is therefore a clear attempt at double recovery of false and duplicated costs.

12. The Claimant is put to strict proof that it has sufficient proprietary interest in the land, or that it has the necessary authorisation from the landowner to issue parking charge notices, and to pursue payment by means of litigation.

13. In summary, it is the Defendant’s position that the claim discloses no cause of action, is without merit, and has no real prospect of success. Accordingly, the Court is invited to strike out the claim of its own initiative, using its case management powers pursuant to CPR 3.4.

Statement of Truth:

I believe that the facts stated in this Defence are true.

Name
Signature
Date

beamerguy

You need to add a lot more about abuse of process and especially where BWLegal are involved.
As some judges are not up to speed with abuse of process, you need to point your judge to cases where BWL has been kicked out and that is why you have a full defence written by coupon-mad
POST # 14 of the abuse of process thread.
https://forums.moneysavingexpert.com/discussion/6014081/abuse-of-process-district-judge-tells-bwlegal/p1

Le_Kirk

PatrickReacher said:

Other than the unlawful £60, is there anything else I can include in my defence? I can't even remember parking there.

That is not a defence point, rather a way of limiting the damage if the case goes against you.  It should be a point in the defence towards the end and use the bits that beamerguy points you to.  Read discussions (threads) by CEC16, basher52 and jellybelly23 to see how it is used.  You still need a solid defence against the original purported claim.

PatrickReacher

Thanks @beamerguy and @Le_Kirk. 

I've added @coupon-mad 's defence points on abuse of process. Other than that and what's already included, I'm failing to see what else I can add. Should I have really contested this claim? Most of the defences of the 17 on the newbie thread all have perfectly valid points but I can't really remember anything about when I parked. So what do I add to bolster my defence?

That leads me to my next question... because I can't really remember anything regarding the parking, can I really put the points about signage and properly displaying? 

Also, is there anything I can put in my defence about only receiving a claim form and nothing else? I had no PCN etc because it was probably sent to my old address (I forgot to update my log book).

Thanks in advance guys. Your help is really appreciated. 
UPDATED DRAFT DEFENCE: https://www.dropbox.com/s/4vqy6y609821eqq/defence_draft.docx?dl=0

Coupon-mad

because I can't really remember anything regarding the parking, can I really put the points about signage and properly displaying?

Obviously, like everyone else does who asks the same question every week...yep, every week...

This is basic stuff, fundamental to every PPC defence, even if you'd never been in that car park in your life (which some of our Defendant Registered Keepers haven't). The sign forms the contract, of course you suggest it was illegible/sparse/unclear and in turn, they will have to show photos at WS stage, ad in your WS you can expand on this point, and at the hearing. 

This is their claim to prove, not yours. 

Also, is there anything I can put in my defence about only receiving a claim form and nothing else? I had no PCN etc because it was probably sent to my old address (I forgot to update my log book).

Same as all the other zillions of defence threads EXACTLY the same as your situation. Clearly you just put it as a comment early on, in the facts about the case.  This is soooo much easier than you realise and if you read, say, 20 recent defence/claim threads you will find at least five like yours, IMHO. 

People do best when they read other threads more than they are hovering on their own, on this board.

Redx

Always , always include no landowner authority and poor signage etc ,regardless

You should have emailed a SAR to the DPO at the PPC to obtain all your data attaching a copy of the claim form , this will extract documents and pictures etc, so get it done if not done already

You haven't named the claimant , it's not B w legal despite the thread title