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

Coupon-mad

Well you are at the normal stages now - check out the NEWBIES THREAD 2nd post under the red heading 'IMPORTANT - KNOW WHAT HAPPENS WHEN'.

Redx

if these companies issue 7 or 8 million pcn,s per annum and take say 50000 to court, how can they expect that all of the 8 million or 50000 recipients are fully qualified legal eagles, solicitors , lawyers or barristers

in the small claims court against individuals, its fair to say that nearly all of the defendants have no legal training whatsoever, so if their template belittles you or your mum, what does it matter ? you are not expected to be experts in this field

they seem to think its like an episode of L A LAW , or the O J Simpson case !! I have news for them , its not !

the phrase "they would say that wouldnt they ?" is a good thing to bear in mind

my own opinion, their opinion doesnt matter, only the opinion of the judge matters !!

but then I would say that , wouldnt I ? lol

disrepair

Honestly, this entire thing feels like a valuable learning experience for me, and it's quite funny how the letters still make me panic a little until I go ahead and do some "internet defence" research... 

People really did a three year law degree to send out templates on behalf of PPCs... Unbelievable.

disrepair

Coupon-mad said:

Well you are at the normal stages now - check out the NEWBIES THREAD 2nd post under the red heading 'IMPORTANT - KNOW WHAT HAPPENS WHEN'.

Unfortunately for me, I had missed that section of the thread!

It's okay, I had my fun asking Phillip from BW Legal in 5 different emails to explain the legal basis for their 60 quid admin fee, and reading his roundabout answer of "we explained it earlier!!111111111111!!!!!!!"

Coupon-mad

When I attend court in person for the good guys & girls, and face reps harassing scared, honest consumers - cross examining them, barkingly aggressively sometimes, over a £100 parking charge - that the rep (being intelligent) must know is meritless and trying to get more money than is actually recoverable.

beamerguy

disrepair said:

BWLegal are so hilarious now with their nonsensical rubbish.

One OP I am helping off forum, had a two page reply full of garbage
** They are relying on the Beavis case because debt collection was never mentioned ???
REPLY:  Of course not BWL, Parking Eye do not add on fake amounts like you do
AND
They quote a paragraph from POFA2012 which includes "This is not to be read as permitting double recovery"  ???
REPLY: ...  But that's what you are doing BWL ....... DOUBLE RECOVERY

And they seriously still think that a members club code of practice applies to the motorist ?
UNREAL INCOMPETENCE

disrepair

Hi all, 

I've finally prepared a Witness Statement to use for an accidental overstay on a parking ticket at Willen Lake by the driver. 
I'll be putting it in the next post - not entirely sure what to add in the WS - the signs were absolutely tiny, but I feel like I should cover that stuff in a supplementary WS.

As it took place in June 2018, the grace period recommended was 5 minutes (or 10 minutes if parking was normally allowed but I assume this isn't the case for parking at the lake as parking there is never free) - the photos were taken exactly 11 minutes after expiry.

Please throw some advice my way on what I could improve - thank you!

Redx

If parking is allowed , by pay and display , or free , it's still allowed and is not forbidden

So include grace periods , bearing in mind the figures are arbitrary and a minimum , plus include poor signage etc too , expand on the defence , include exhibits , plus your summary costs assessment as well

Use the correct CoP , depending on if the claimant was a BPA AOS member or an IPC AOS member at the time of the event itself

It is for the claimant to prove their case , so make sure no stone is left unturned

disrepair

IN THE COUNTY COURT

Claim No.: ZZZZZZZZ

 

Between

 

             NAPIER PARKING LIMITED

(Claimant)

 

-and-  

 

 

XXXXXXXXX                 (Defendant)

 

__________

 

WITNESS STATEMENT

__________

 

 

1.     I am Disrepair, representing XXXX, of [Address], the Defendant in this matter. I will say as follows:

 

2.     On the date in question, the vehicle in question, registration mark XXXXXXX was parked at Willen Lake at the time of the alleged contravention. The driver had purchased a valid pay and display ticket (shown in Appendix X), which had been overstayed by a short period of time.

3.     After noticing that the time for the parking ticket was up, the driver immediately made their way towards the car park.

4.     Unaware that a PCN had been issued, the driver left the premises.

5.     The registered keeper had moved house on 6th July 2018, as can be noted in the emails in Appendix X. The registered keeper then applied to update their address with the DVLA by post using the V5C certificate. By the time a NTK from Napier Parking could have been received, the registered keeper had already left the previous address they held on file, waiting to move into the new address, meaning that all notices were sent to the previous address of [Old Address] rather than the new address – this is noted in the SAR, where the contact address is listed as the previous address.

6.     It is also noted in the SAR that the NTK was sent to the previous address, and was therefore not received, however, after the new address was obtained, the NTK was not sent again – the first correspondence to the new address is an outstanding balance being passed on to BW Legal.

7.     As there was no receipt of the NTK, the keeper assumed that the correspondence was simply junk mail, or an attempt at a scam.

8.     Further research upon receipt of the court claim letter has made it apparent that the penalty charge issued not only exceeds the allowable amount, but has no legal basis and is an attempt at an illegal double recovery – tainting the claim as a whole.

9.     I invite the Court to dismiss this claim in its entirety, and to award my costs of attendance at the hearing, such as are allowable pursuant to CPR 27.14, see ######.

 

 

Statement of Truth

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

Signed: DISREPAIR

disrepair

Redx said:

If parking is allowed , by pay and display , or free , it's still allowed and is not forbidden

So include grace periods , bearing in mind the figures are arbitrary and a minimum , plus include poor signage etc too , expand on the defence , include exhibits , plus your summary costs assessment as well

Use the correct CoP , depending on if the claimant was a BPA AOS member or an IPC AOS member at the time of the event itself

It is for the claimant to prove their case , so make sure no stone is left unturned

Thank you Redx, I notice I am actually missing quite a bit of these - I'll start now and post a revised version ASAP.