BW Legal claim - 2 pcn's

madting13

thanks for the info.. should i include any of this in my defence?

furthermore my paragraph 16 did not require much change to tailor to me - defence now prepared

1.      The Defendant is not the only driver of this vehicle and has no knowledge of any parking charge notice (‘PCN’) or letters. It is not established thus far, whether the car was parked, or just stopped momentarily and caught by predatory ticketing.  It is not accepted that the location included prominent signs giving ‘adequate notice’ of the onerous parking charge. A compliant Notice to Keeper (‘NTK’) was not properly served in strict accordance with section 8 or 9 (as the case may be) of the POFA.

beamerguy

madting13 said:

thanks for the info.. should i include any of this in my defence?

furthermore my paragraph 16 did not require much change to tailor to me - defence now prepared

1.      The Defendant is not the only driver of this vehicle and has no knowledge of any parking charge notice (‘PCN’) or letters. It is not established thus far, whether the car was parked, or just stopped momentarily and caught by predatory ticketing.  It is not accepted that the location included prominent signs giving ‘adequate notice’ of the onerous parking charge. A compliant Notice to Keeper (‘NTK’) was not properly served in strict accordance with section 8 or 9 (as the case may be) of the POFA.

Well yes, it's goes in your defence but more so a letter to BWegal pointing out the fake amounts and as their scam increases the amount over £300 there is the point for the judge to consider that the fake figure increased the court fee and makes their witness statement unreliable.  When is this dated ?

Are you ok with writing letters of no return

madting13

beamerguy said:

madting13 said:

thanks for the info.. should i include any of this in my defence?

furthermore my paragraph 16 did not require much change to tailor to me - defence now prepared

1.      The Defendant is not the only driver of this vehicle and has no knowledge of any parking charge notice (‘PCN’) or letters. It is not established thus far, whether the car was parked, or just stopped momentarily and caught by predatory ticketing.  It is not accepted that the location included prominent signs giving ‘adequate notice’ of the onerous parking charge. A compliant Notice to Keeper (‘NTK’) was not properly served in strict accordance with section 8 or 9 (as the case may be) of the POFA.

Well yes, it's goes in your defence but more so a letter to BWegal pointing out the fake amounts and as their scam increases the amount over £300 there is the point for the judge to consider that the fake figure increased the court fee and makes their witness statement unreliable.  When is this dated ?

Are you ok with writing letters of no return

The PCN's were from January and June 2019 and the PCN is from 30/03/2020.

No problem writing a letter.

KeithP

What is the Issue Date on your County Court Claim Form?

On what date did you file an Acknowledgment of Service?
Your MCOL Claim History will have the definitive answer to that.

madting13

my bad - issue date was 30/03/2020 and AOS filed on the 17th

madting13

17th april*

KeithP

madting13 said:

my bad - issue date was 30/03/2020 and AOS filed on the 17th

AOS submitted and defence due on the 5th of May.  

No, you do not have until 5th May to file a Defence.

With a Claim Issue Date of 30th March, and having filed an Acknowledgment of Service in a timely manner, you have until 4pm on Monday 4th May 2020 to file your Defence.

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.

madting13

Cheers all. defence submitted and will keep updated