Trace Recovery - 2 years on!?

Umkomaas

Non-compliant NtK based on 'Date Given'. Date of Sending (07/08) means that the NtK didn't arrive until day 15 (11/08), 28/07 being day 1.

If you haven't revealed the driver's identity and you were definitely not the driver, this should be a winner in court. But you will need to understand the intricacies and be able to articulate/argue them with a Judge. 

md9

That’s interesting. I guess I’m saddling up for court then? 

Haven’t heard anything further as of yet though and how do you/I know that I didn’t receive it till day 15?? 

Many thanks! 

KeithP

Umkomaas said:

Non-compliant NtK based on 'Date Given'. Date of Sending (07/08) means that the NtK didn't arrive until day 15 (11/08), 28/07 being day 1.

If you haven't revealed the driver's identity and you were definitely not the driver, this should be a winner in court. But you will need to understand the intricacies and be able to articulate/argue them with a Judge. 

@Umkomaas, that would've been true if the parking incident occurred in 2020 but it took place in 2018.

By my reckoning, I think the NtK arrived before day 15.

Umkomaas

KeithP said:

Umkomaas said:

Non-compliant NtK based on 'Date Given'. Date of Sending (07/08) means that the NtK didn't arrive until day 15 (11/08), 28/07 being day 1.

If you haven't revealed the driver's identity and you were definitely not the driver, this should be a winner in court. But you will need to understand the intricacies and be able to articulate/argue them with a Judge. 

@Umkomaas, that would've been true if the parking incident occurred in 2020 but it took place in 2018.

By my reckoning, I think the NtK arrived before day 15.

Oops 🙊 !  Looking at this year's calendar. Sorry OP - follow @KeithP's advice. 

md9

So, here we are then... 

🙄

Uptown_Boy

Where's the breakdown of the £194.72 then?

Even if you lost (assuming this gets anywhere near a hearing) you'd owe at most £100 PCN + £25 filing fee + £25 hearing fee + £50 legal costs, and perhaps a small amount of interest. Where's the £94.72 coming from?

(Rhetorical question ... we know where it's coming from, and we also know it's not recoverable).

KeithP

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

You've left your MCOL password showing on that image.

md9

The Issue Date is 11th Dec 2020..

beamerguy

When I see these BWLegal claims as above, it is like reading a childrens book that has not been edited and is full of fantasy.
They are entitled to add interest but why have they taken so long to bring this to court, over 2 years ?
Most judges will not allow interest on such trivial claim

The fake £60 which they claim is allowed by the code of practice ?  .... well it maybe in the code but as you don't belong to an ATA and you have no code of practice, nothing you have agreed on and for you, there is NO CONTRACT. They do however believe that the £60 can be shown in small print on the sign ?

The judges don't agree and mostly deduct that as well.

I trust you have read what happens to BWLegal in court, it's not pleasant reading (for them)
https://forums.moneysavingexpert.com/discussion/6103933/abuse-of-process-thread-part-2/p1?new=1

KeithP

md9 said:

The Issue Date is 11th Dec 2020..

With a Claim Issue Date of 11th December, you have until Wednesday 30th December to file an Acknowledgment of Service, but there is nothing to be gained by delaying it. 

To file an AoS, follow the guidance in the Dropbox file linked from the second post in the NEWBIES thread.

Having filed an AoS, you have until 4pm on Wednesday 13th January 2021 to file your Defence.

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

To create a Defence, and then file a Defence by email, look again at the second post on the NEWBIES thread - immediately following where you found the Acknowledgment of Service instructions.

Don't miss the deadline for filing an Acknowledgment of Service, nor that for filing a Defence.