CCBC Claim Form PPS BW

Redx

barnstormerdog said:

Yes I am at the DQ stage. Thank you. 

Then do not mention court until one has been allocated , which is the court that you fill in on your DQ

barnstormerdog

sorry, I meant I have already filled in the DQ and thats where I added my new address. 

Redx

in which case its not proceeded to any court as yet

just inform all parties of your correct current address, with proof of I D as required, this is not difficult

once your nominated court have written to yOu, its no longer with the CCBC , but that could be months away

Coupon-mad

Reply and say you are offended that BW Legal are querying and casting aspersions about the address you gave in your DQ because it is the Defendant's right to give an address for service if it changes and you moved house on xx/xx/xx (explain how that fitted in with lockdown and explain that it is your correct address for service).

Finish by asking the court and BW Legal AND their client, to erase the old address as per the GDPR.  Copy in the CCBC as well as BW Legal and the DPO of the parking firm as well (Google their privacy page...it's there).

D_P_Dance

Reply and say you are offended that BW Legal are querying and casting aspersions about the address you gave ...

Consider copying it to the SRA,

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

barnstormerdog

quick update..
After being cc'd on the email from BW legal to the CCBC marked as URGENT CLAIM in the subject header, accusing me of providing false information to the court regarding my previous address that I actually lived at for 5 years, I replied as quickly as I could given the urgency in the header. I have a preb baby who is not well and trying to organise my work situation with regarding the pandemic so time is very precious. Only to receive this auto reply from the sender. 
"I am currently out of the office. I will not have access to my e-mails. Should your query be urgent, I would ask that you contact;T: 01 BW Legal will not be put on notice of any documents received to this e-mail address in my absence. This message has been sent automatically."

Another example of unnecessary harassment, especially at a time where the court and most peoples lives are busy with important, meaningful work. 

Please could you advise if I should reply and voice my disgust and add the CCBC on the thread? Or just send it to SRA?

Thanks

beamerguy

Do as Coupon-mad says above.

BWLegal send out so much nonsensical rubbish, it would probably fill up your local rubbish tip.
They are a total disgrace to the legal profession and act like little kids throwing their toys out of their pram. Fortunately, the courts know about their rubbish
BWLegal became total losers in the Southampton case where they were spanked twice, firstly on their fake claim and second on their appeal.  

What is highly amusing is that they employ someone to write and then send nonsense letters.
Certainly not candidates for MENSA

D_P_Dance

If you think a solicitor has acted improperly complain here,

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

nosferatu1001

Send an email to BW Legal by any menas you have then! Sounds like theyre playing games here. Include a copy of that out of office email as proov you sent, and that theyre having someone SEND emails but then claiming they cannot recieve emails to that same address. 

barnstormerdog

So I have now received my hearing date 13th Nov, via a phone call. 
I have until 7th August to submit my evidence.

From the photos they are claiming £399 for 2 PCN's . A weeks parking (£18) was paid for, the car was parked at the rear of my garden for loading purposes as there is no parking at the front of the house as its a one vehicle street and the gateway to the whole village, you can see the rear garden fence panel in the photo. The ticket expired at 01:15 13/10/17 PCN 1 was given at 14:28 13/10 then another PCN was given 14/10 at 17:40. The photos show 2 PCN's on the window. They charge £3.50 for 24 hours and they are now trying to claim £399.  Failure to return to the car and move it may have been down to illness but this was nearly 3 years ago. 

BW legal have said:
The Breach:
You  breached the terms and conditions which resulted in you receiving a PCN.
As a result our client is well within their contractual rights to issue the PCN and take all necessary steps to recover the outstanding charge.

Here is a brief summary of their response to my defence.. I can upload full photos on here if that would be useful.
Response to your defence:
"..it is apparent that a large amount of the information contained therein has simply been "copied and pastred" from an external source, we see on a regular basis. Large portions of your defence are nonsensical and,  in consideration of the circumstances of the individual matter, are entirely irrelevant."
Irrespective of the large volume of nonsensical content within your defence, given the same is endorsed by a statement of truth , coupled with the fact that the content is evidently copied, your defence cannot possibly be deemed within the scope of your own knowledge. 

...You have tendered no evidence..

..You failed to display a valid ticket or permit. Therefor your breach of the terms of the contractual licence affording you permission to occupy the Cra Park is unequivocal ...

...Your defence is no more than a copy and paste exercise to obscure legitimate proceedings for recovery of sums which are contractually owing..

________

You deny that a contract was entered in to. 
...Its our clients position that your actions were tantamount to an acceptance of the terms and conditions.

You make comparisons between amount claimed by our client and the amount claimed in the case of Parking Eye Vs Beavis....
It is irrelvant whether or not the charge as displayed bears any relation to the cost of parking..

Our client relies on the leading authroity of parking eye limited v beavis UKSC 67, where the Supreme Court held that PCN charges, like this charge, serve as a legitimate commercial interest. ... codes of practice give guiidence that £90.00 is a reasonable sum to charge. 

.Signage..Consumer Rights Act 2015..
..even ifthe clause which enables the Claimant to seek debt recovery charges was void for unfairness, which is denied, the contract continues so far as practicable to have effct in every other respect.. 

...double recovery..
..costs are entirely reasonable..are recoverable under the relevant parking code of practice. 
..paragraph 4(6) of schedule 4 protection of freedom act 2012. ... this does not prevent the parking operator from claiming debt recovery charges/contractual costs. 

..ATA code of practice..
Does not reduce your liability for the PCN..

particluars of the claim are not sufficient..
see photo
In any event, our clients' particuars are clear and concise and you are put to a the recovery to the contrary.

no knowledge of PCN or letters.
CLient applied to DVLA to details..
DVLA offices have been closed throughout lockdown so I havent been able to get conformation of this info.

The village road is only one vehicle wide abd the car park is the only place in the village for residents to load safelyThis
.. this bear no relevance to the claim. Upon entering the car park the signage in situ made clear the terms and conditions. 
(This signage can be disputed as when entering the car park it would be unsafe to look at any signage as the entrance to the car park is extremely narrow and many cars have hit the house on the side and th bollards protecteing it. It is alsio dangerous to read a sign as there is not a pathway for pedestrians so you can not read the sign on entering the car park for safety reasons)

Proof they have sufficient authority to issue PCN. 
Client deems these documents are commercially sensitive and if theis case should procees to a full hearing, such documents will be provided 


---------------------------

Any comments on the above and what I do next would be most appreciated.. £399 for roughly 42 hours of parking which if paid at the machine is £7 is surely a scam. 
If its worth me putting up photos of their letter please let me know.

Thanks again in advance..