DEFENDING PPS-UK / BW LEGAL

pauldev

I am defending this claim for someone who is being pursued by this lot as the keeper not the driver.
The keeper has not named the driver (as he doesn't know who was driving at the time )
I have got as far now as doing the AOS online so have a while now to put together the best defence.

The invoice relates to a supposed infringement of  causing an obstruction so not the normal no ticket /over time etc.  This occurred in JULY 2019 at the Athenaeum car park in Plymouth. Apart from 2 disabled bays there are no other markings in this car park at all. The markings around the edge of the disabled bays are completely covered in gravel so cannot be seen when parking  and there is no mention of anything relevant on the sign. Its obviously a generic sign as it states that vehicles must be parked wholly within the bay, Apart from the 2 disabled bays there are no other markings at all its just a gravel surface. I have followed this forum for a long time without needing any help but could do with a bit of guidance as to the best approach to this. I shall of course start with coupon-mad's new template defence as BW have added their usual £60.00 .
Would it help to upload pictures of the car park and the sign and the car as photographed by pps.
I think it was because the driver parked next to their van and the fat b couldn't get in the passenger side.

The other question i have is the keeper now works in Bristol until September 2020 when he will then move to Bournemouth, so at what point do you have to decide which court to list and can that decision be altered.  
Thank you.

Fruitcake

Please give us the date on the LoC, and the date the AoS was completed. One of the regulars will hopefully give you specific dates to put in the defendant's diary.

Give the court details where they would like the case to be heard. I believe it is possible to change this. If not, pick a location that is expected to be most convenient.
At the moment I believe Wigan, Warwick, and Soton courts appear to be very defendant friendly. Other courts are available.

What happened when the keeper complained to the landowner?

Has the keeper complained to their MP yet about this unregulated scam?

pauldev

Hi fruitcake thanks for the quick reply.

The date on the claim is 27/02/20  the aos was received by the court  on 06/03/20.
The keeper twice requested details of the landowner from pps and once from bw legal all refused just replying with pps has the landowners consent and that's it.

 A complaint hasn't been made to his mp yet (Geoffrey Cox) I do know him as have worked for him in the past and he lives close to me.  He does know a little of the law now we have this claim i shall put it to him.

pauldev

I forgot.

I think he will put Southampton as its not far from Bournemouth

KeithP

The date on the claim is 27/02/20  the aos was received by the court  on 06/03/20.

With a Claim Issue Date of 27th February, and having filed an Acknowledgment of Service in a timely manner, you have until 4pm on Tuesday 31st March 2020 to file your Defence.

That's over two weeks away. Plenty of time to produce a Defence, but please don't leave it to the last minute.

To file a Defence, follow the guidance in this post:

https://forums.moneysavingexpert.com/discussion/comment/76880595#Comment_76880595

Guidance on creating a Defence is also in that thread - in the first post on that thread.

Don't miss the deadline for filing a Defence.

pauldev

Any advice on if i should do anything as regards my defence which i submitted by e-mail last Thursday 26/03. I received an ackknowledgement from the CCBCAQ but have just looked at mcol and no defence is showing. I know (thanks to KeithP) that i have until 4pm tomorrow to file the defence and as i received another begging letter from BW yesterday saying if i don't pay they will  enter a judgment against me on April 06. (I never realised they were so powerful). 

Le_Kirk

pauldev said:

Any advice on if i should do anything as regards my defence which i submitted by e-mail last Thursday 26/03. I received an acknowledgement from the CCBCAQ but have just looked at mcol and no defence is showing. I know (thanks to KeithP) that i have until 4pm tomorrow to file the defence and as i received another begging letter from BW yesterday saying if i don't pay they will  enter a judgment against me on April 06. (I never realised they were so powerful). 

If you submitted your defence last Thursday, you don't have (or need) to submit your defence by tomorrow.  How did you submit your defence?
BW cannot "enter a judgment against you" only a court (judge) can do this.  If their letter said this they should be reported if it was BW Legal to the SRA if BW, then to their trade association.

Umkomaas

pauldev said:

Any advice on if i should do anything as regards my defence which i submitted by e-mail last Thursday 26/03. I received an ackknowledgement from the CCBCAQ but have just looked at mcol and no defence is showing. 

This worries me a bit, given your opening post. 

I am defending this claim for someone who is being pursued by this lot as the keeper not the driver.

Are you the actual defendant or not?  If not, then this could end in tears. 

beamerguy

pauldev said:

 i received another begging letter from BW yesterday saying if i don't pay they will  enter a judgment against me on April 06. (I never realised they were so powerful). 

Just another nonsensical letter from BWLegal ....... they cannot enter a judgment, that is the job of a judge.and you should show this to the judge, just further proof of their lies. Also send a copy of this garbage to the SRA
See Abuse of process thread part 2
https://forums.moneysavingexpert.com/discussion/6103933/abuse-of-process-thread-part-2/p1?new=1
And then ... THE FAKE - FALSE - UNLAWFUL £60

Then read a bit further down about the new Civil Procedure which comes into to force on April 6th
Will BWLegal lie to the court as they lie to you ..... 

Up to you if you want to reply to nonsensical letters, if you did, you can ask them on what legal authority they have to add fake amounts ????? They will ignore but that's OK, you can show your letter to the judge and let him or her take it up with the legal rep.

Sure sign that BWLegal will get another spanking, they best discontinue now

pauldev

Le_Kirk said:
 Hi i followed coupon-mads template and sent by e-mail as suggested to ccbcaq and have now checked as suggested on mcol and nothing is showing as point 6 which says to chase if it doesnt show. I just dont want to let it get to the deadline without it being acknowledged.
Should i put anything in the defence section on mcol maybe just to point to an e-mail being sent on 26/03 because i would hate to have got this far and fail on a technicality. And yes it is BW Legal

pauldev

Umkomaas said:

pauldev said:

Any advice on if i should do anything as regards my defence which i submitted by e-mail last Thursday 26/03. I received an ackknowledgement from the CCBCAQ but have just looked at mcol and no defence is showing. 

This worries me a bit, given your opening post. 

I am defending this claim for someone who is being pursued by this lot as the keeper not the driver.

Are you the actual defendant or not?  If not, then this could end in tears. 

Umkomaas said:

pauldev said:

Any advice on if i should do anything as regards my defence which i submitted by e-mail last Thursday 26/03. I received an ackknowledgement from the CCBCAQ but have just looked at mcol and no defence is showing. 

This worries me a bit, given your opening post. 

I am defending this claim for someone who is being pursued by this lot as the keeper not the driver.

Are you the actual defendant or not?  If not, then this could end in tears. 

Hi yes i am the defendant (the keeper) not the driver.