NCP BWL DEFENCE DRAFT - Advice please

ItsWoody

Incident Date 6 July 19

Claim issued 12 Mar 20

AoS submitted 16 Mar 20

AoS received 17 Mar 20

BLUF: I paid for a ticket for more than the time I was there (with a credit card and I have the transaction receipt), the ANPR picked up my plates entering and leaving. I now have a ticket which I ignored up until the Claim Form from CCBC.

CURRENT SITUATION: I naively called BWL to attempt to get them to back down stating that i was going to defend and that i was in a strong position. They advised me to defend or pay up.. great advice. I admitted to being the driver (for the first time) on the call. Since then, they have attempted to talk to me and i have submitted the AoS.

I have attached my DRAFT defence, created going off the most recent template i could find. Any advice and comments on my defence / situation would be greatly appreciated.

Coupon-mad

Very good (as long as your actual version has paragraph numbers). 
Very good nice facts:

The Claimants’ claim is based upon an ANPR from 06/06/19. The time of entry stated on the NTK is 10:43:15 and the time of exit is 11:47:50, a total of 1 hour 4 minutes and 35 seconds. The driver has a record of purchase from XXXX Bank, for a ticket within this time frame for an amount of £4. This would allocate a window of one to two hours parking within the establishment, as outlined on the Claimants website.

When the driver entered the establishment via the entry point as seen on the ANPR photograph there were a number of vehicles in a queue waiting to park. Once the driver was able to park, within a matter of minutes, the driver then walked to acquire a ticket from one of the two machines located on the far side of the car park. One of the two available machines was faulty and there was a queue of people waiting to use the functioning machine. The driver was able to purchase a ticket for one to two hours, at the price of £4. This transaction was made using a XXXX credit card and the transaction receipt is held with XXXX Bank.

Fancy doing a counter-claim?  

I am starting to take the view that now is the time to throw £35 as a punt at a counter-claim of up to £300, or £60 as a punt at a cc for up to £1000.    I fully expect the robo-claim solicitors to fall over and not cope very well if we start encouraging counter-claims, and some people will get default judgments in their favour if so.

We should DEFINITELY push counter-claims where the person is exempt from court fees = no-brainer.

I am about to do some gardening (haha, me, gardening!) but I might get time to add a template counter-claim suggestion to the template defence thread this weekend.

KeithP

ItsWoody said:

Claim issued 12 Mar 20

AoS received 17 Mar 20

With a Claim Issue Date of 12th March, and having filed an Acknowledgment of Service in a timely manner, you have until 4pm on Tuesday 14th April 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.

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.

D_P_Dance

Read this excellent post by Fruitcake.

https://forums.moneysavingexpert.com/discussion/6117584/come-on-you-lot-grow-a-pair#latest

and write to the court asking them to put this on hold, copy to your MP.

ItsWoody

Coupon-mad said:

Very good (as long as your actual version has paragraph numbers). 
Very good nice facts:

Fancy doing a counter-claim?  

I am starting to take the view that now is the time to throw £35 as a punt at a counter-claim of up to £300, or £60 as a punt at a cc for up to £1000.    I fully expect the robo-claim solicitors to fall over and not cope very well if we start encouraging counter-claims, and some people will get default judgments in their favour if so.

We should DEFINITELY push counter-claims where the person is exempt from court fees = no-brainer.

I am about to do some gardening (haha, me, gardening!) but I might get time to add a template counter-claim suggestion to the template defence thread this week66

Thanks, I haven't thought about a counter claim and to be honest, i have just been away for 6 months out the country, this was the last thing on my mind ! I completely see what your getting at and if we show 1% of the greed the PPC are displaying then we would all actually be better off from these situations.. maybe.

The actual defence does have numbered paragraphs, must have been messed up in the file attachment. It should do as i have been sat on MSE for at least 4 hours reading threads.

ItsWoody

D_P_Dance said:

Read this excellent post by Fruitcake.

https://forums.moneysavingexpert.com/discussion/6117584/come-on-you-lot-grow-a-pair#latest

and write to the court asking them to put this on hold, copy to your MP.

I get why you would suggest to ask the court to put this on hold.. however, i am now self isolating and WFH, hence why i have got the ball rolling early with a few weeks to spare.

Would writing to the court and bothering my MP at a time like this not just muddy the waters ?

ItsWoody

I am just in the waiting game now but was wondering if anyone knew what the next deadline was ?

Redx

your DQ , so read that part of the advice by bargepole and by system in the NEWBIES thread, second post

you can download this and fill it in and email it if you havent done so already

your nominated court will write to you with the next deadline and requirements, bearing in mind it will be many months due to C19

beamerguy

As coupon-mad said ...

I am starting to take the view that now is the time to throw £35 as a punt at a counter-claim of up to £300, or £60 as a punt at a cc for up to £1000.    I fully expect the robo-claim solicitors to fall over and not cope very well if we start encouraging counter-claims, and some people will get default judgments in their favour if so.

Figures are far too low to deter arrogant scammers.   Let's take the poker response ....
"I'll raise you £100 for you to prove your legal authority for adding £60"

It's called "calling them out" and we know they have NO legal authority.    That is why the letter here is doing the same, they won't reply, they cannot reply (accept with garbage)
https://forums.moneysavingexpert.com/discussion/6129744/bwlegal-the-scam/p1?new=1

The letter could include a financial warning that failure to confirm their legal authority and any reply or non reply within the stated 7 days, will result in a further request letter which will be charged at £19 and £19 per letter thereafter.  The legal might say "we don't charge you for each letter" ... ANSWER... but in your first letter you added a false unlawful £60 to which you have failed to give your legal authority

These charges can mount up or NOT if the scammer discontinues

PS: In the above thread there is now an answer to the incompetent Gladstones

ItsWoody

Update

BW legal offered me a reduces amount to pay, i ignored their letter and have since received a "notice of transfer of proceedings" on 10/06/20. 

Their counter letter to my defense addressed all the standard points which i drew up from the templates (see above). Their counter to me having the payment transaction for a ticket is that i must have inputted my car reg into their machine incorrectly. This is not the case but i am aware that this is now their word against mine unless they can run through the archive to when i used the machine and cross reference it with my card number as i paid contactless. Allot of work which i doubt they would be up for doing to prove their word against mine. Any one else's thoughts are more then welcome as i feel like i am going mad over all of this + being in isolation.

It says i am to await the judge's directions. Does this mean i am going to court ? Is there still a chance the judge will throw this out before a court hearing ?

Fruitcake

ItsWoody said:

Update

BW legal offered me a reduces amount to pay, i ignored their letter and have since received a "notice of transfer of proceedings" on 10/06/20. 

Their counter letter to my defense addressed all the standard points which i drew up from the templates (see above). Their counter to me having the payment transaction for a ticket is that i must have inputted my car reg into their machine incorrectly. This is not the case but i am aware that this is now their word against mine unless they can run through the archive to when i used the machine and cross reference it with my card number as i paid contactless. Allot of work which i doubt they would be up for doing to prove their word against mine. Any one else's thoughts are more then welcome as i feel like i am going mad over all of this + being in isolation.

It says i am to await the judge's directions. Does this mean i am going to court ? Is there still a chance the judge will throw this out before a court hearing ?

Facts not in evidence. Imagine my surprise.