New MCOL N1 court claim filed by BW Legal re Parking Fine by Napier Parking in 2018

disrepair

Hi all, 

BW Legal have decided to file an MCOL N1 court claim against registered keeper of vehicle, almost two full years after an alleged contravention.
This is, I believe, about overstaying at a car park? It's been so long I haven't any clue what it was about, and it's only now being pursued, I assume in order to try wring some money out. 

I've been on the moneyclaim site and done all the steps that were laid out in the mini guide (ask for 28 days for defence, intend to defend against claim), and now all that's left for me to do is file a defence, but... where do I even start? I have photos of the tiny signage they had up at the parking location I took recently, it was a struggle to even read up close. 

This ticket was given at the parking for a local lake (Willen Lake), which Napier Parking seem to be responsible for giving tickets for, if that's of any relevance.
I will post in my first comment parts of a defence I've taken from other threads that seem relevant - feel free to correct me and help me edit it into a better defence.

The Issue Date of the claim form is 10 March 2020.
Thanks in advance!

Redx

its not a CCJ , its an MCOL N1 court claim , so edit your post and title

no CCJ has happened yet because a judge has not seen it , no COUNTY COURT JUDGMENT (CCJ) , its not even gone before a county court yet

attention to detail is crucial

name the lake (WILLEN ?)

post the ISSUE DATE from the claim form

email a SAR to Napier to their DPO to obtain all your data , attaching a copy of the claim form as I D under GDPR

read and adapt the template defence posted by coupon mad about 7 weeks ago on here

beamerguy

disrepair said:

Hi all, 

BW Legal have decided to file a CCJ against registered keeper of vehicle, almost two full years after an alleged contravention.

What do you mean by this ?    a CCJ happens only if you lost in court.   Do you not mean you have court claim form ???

disrepair

Redx said:

email a SAR to Napier to their DPO to obtain all your data , attaching a copy of the claim form as I D under GDPR

read and adapt the template defence posted by coupon mad about 7 weeks ago on here

Thank you for the correction, I've updated both post and title. 

I'll be sending in the SAR now and searching for the template defence.

disrepair

beamerguy said:

disrepair said:

Hi all, 

BW Legal have decided to file a CCJ against registered keeper of vehicle, almost two full years after an alleged contravention.

What do you mean by this ?    a CCJ happens only if you lost in court.   Do you not mean you have court claim form ???

My apologies, I wasn't sure entirely what the name of the form I was sent was. Corrections have been made.

KeithP

I wasn't sure entirely what the name of the form I was sent was.

Hahaha. Yes we need to keep a sense of humour during these troubled times.

Hint: what are the biggest letters across the top of the form - Claim Form

When exactly did you file an Acknowledgment of Service?

Your MCOL claim history will have the definitive answer.

beamerguy

disrepair said:

beamerguy said:

disrepair said:

Hi all, 

BW Legal have decided to file a CCJ against registered keeper of vehicle, almost two full years after an alleged contravention.

What do you mean by this ?    a CCJ happens only if you lost in court.   Do you not mean you have court claim form ???

My apologies, I wasn't sure entirely what the name of the form I was sent was. Corrections have been made.

You are being taken to court by Scammers .... what was the ticket price and what are BWLegal claiming

disrepair

When exactly did you file an Acknowledgment of Service?

Your MCOL claim history will have the definitive answer.

Well, thank you for making me aware of a second issue. Seems like the brilliant MCOL website won't accept the login I have written on my claim form

However, seeing as I reset my Government Gateway ID and Password on March 16th, I'd wager my money that's when I filed the AoS. The current situation around pushed this entire court claim thing to the back of my mind, it seems.

disrepair

beamerguy said:

You are being taken to court by Scammers .... what was the ticket price and what are BWLegal claiming

112.42 in FCN charge (100 + 12.42 in statutory interest), with 60 in "contractual costs" and topped off with a court fee of 25 and legal representative fee of 50, a nice grand total of 247.42.

The price of an actual ticket to park? I believe it's something like one quid an hour at Willen Lake, I'd have to go there again to check!

beamerguy

disrepair said:

beamerguy said:

You are being taken to court by Scammers .... what was the ticket price and what are BWLegal claiming

112.42 in FCN charge (100 + 12.42 in statutory interest), with 60 in "contractual costs" and topped off with a court fee of 25 and legal representative fee of 50, a nice grand total of 247.42.

The price of an actual ticket to park? I believe it's something like one quid an hour at Willen Lake, I'd have to go there again to check!

OH DEAR , BWLegal are so stupid they ignore the courts and keep on opening themselves up to yet another court spanking ......... THE FAKE £60 IS UNLAWFUL

Abuse of Process ... District Judge tells BWLegal
https://forums.moneysavingexpert.com/discussion/6014081/abuse-of-process-district-judge-tells-bwlegal/p1?new=1

Still time to ask BWLegal "on what legal authority they have to add £60"   ... THEY DON'T and if they reply it will be nonsensical rubbish ..... perfect to show a judge. If they fail to explain this to you then the judge can ask them ..... all in all with this scam it probably means yet another spanking for BWLegal and you can claim your costs

KeithP

disrepair said:

The Issue Date of the claim form is 10 March 2020.
Thanks in advance!

With a Claim Issue Date of 10th 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 nearly 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.