BW Legal sending letters but I've recently relocated overseas - do I still need to reply?

Kamran

Hi all, would be grateful for your feedback to the email I send Croydon County Court below:
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Dear Croydon County Court Team,
Please find attached the letter below marked for the URGENT attention of District Judge Bishop, regarding case XXXX
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Dear Judge Bishop,

• I write to you regarding case XXXX to update you that the court order that was dated 28th April 2021 has not been fulfilled on the part of the claimant and for that reason, I strongly request that the case be dismissed.
• To refresh your memory of the case, the claimant is bringing a parking charge claim to the defendant. The claimant moved overseas to COUNTRY in 2019 and notified the claimant of the new overseas address. The claimant knew of this overseas address but failed to use it when issuing correspondence. As such the defendant has never been issued with the particulars of the claim.
• Your order from the telephone hearing on 28th April stated that the claimant had 21 days to serve upon the defendant's correct overseas address all documents and particulars of the claim (via trackable post), after which the defendant would have 21 days to respond.
• I write to you today to inform you that today is day 24 and I, the defendant, have not received any documentation by post (or by email for that matter) from the claimant. I believe this to be a breach of the court order and I urge the court to strike out the case.
• From our telephone call on 28th April, you had advised Mr Malik (the claimant's representative) that the claimant needed to "buck up their ideas", to take the process more seriously and to consider service outside of the jurisdiction. I believe that their failure to share with me the particulars of the claim shows a lack of professionalism on the part of the claimant's legal team.
• In addition to striking out the case, I would request that the claimant be ordered to pay the defendant's schedule of costs (attached).

Thank you

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Johnersh

You can't write to the court without also sending a copy to the claimant. 

If they are late, you may as well wait until they are very late rather than put them on notice and let them try and fix it. 

The claimant will need to apply for relief from sanction for failure to comply with the order. See Denton v TH White. 

By all means ask for the strike out, but if it were me, I'd hang on a little while, since they'll need permission to rely on what they send and they are unlikely to get slack where there is a pattern of default. 

Umkomaas

I like that. 👆

95Rollers

These greedy morons want a second bite at the cherry because they failed to get their act together!  My heart bleeds for em it really does!!!  Gey the violins ready!!!  They were too much of cheapskates to send the correspondence abroad via recorded post and like all bullies are tossing their toys out the pram because they aren't getting their own way or what they have been badgering you for!  These muggy wasters are so desperate for their 2% commission from the PPCS they'll literally say or doing anything!!!  Its so pathetic you just simply couldn't make it up! 

Umkomaas

95Rollers said:

These greedy morons want a second bite at the cherry because they failed to get their act together.  They were too much of cheapskates to send thr correspondence abroad via recorded post and like all bullies are tossing their toys out the pram because these muggy wasters are so desperate for their 2% commission from the PPC.  Its so pathetic you just simply couldn't make it up! 

Both barrels there @95Rollers, don't hold back! - nice one. 👍😁

Fruitcake

The claimant moved overseas? Are you sure?

Have you received the email suggested by the judge as well. Saying something got lost in the post is one thing, but saying the email never arrived either would imply (to me and probably the man on the Clapham omnibus) that neither were ever sent.

I suspect the scammers have bottled out and put it on the too difficult/too expensive pile, so just not bothered in the hope you will leave it be and not claim costs.

D_P_Dance

The claimant moved overseas?

Are you sure?  I have heard of defendant moving overseas, but not claimants.

Le_Kirk

Kamran said:

• To refresh your memory of the case, the claimant is bringing a parking charge claim to the defendant. The claimant defendant moved overseas to COUNTRY in 2019 and notified the claimant of the new overseas address. The claimant knew of this overseas address but failed to use it when issuing correspondence. As such the defendant has never been issued with the particulars of the claim.

Johnersh said:

You can't write to the court without also sending a copy to the claimant. 

What @Johnersh writes about informing the claimant is important.

Kamran

Well spotted guys. Defendant and not claimant moved overseas.

Thanks, will send by email to the Court and also a copy to the claimant. Will let you know how it goes!

Kamran

Hi all, figured that even though I've heard nothing, I should prepare my witness statement anyway. Annoyingly, the court order stated incorrect dates, which has accidentally bought the claimant more time I guess.

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In the County Court at Croydon

Claim Number XYZ

 Defendant: XYZ

Vs

Claimant: UK Parking Patrol Office Limited / BW Legal

 Witness Statement of XYZ (Defendant)

 

I am the Defendant in this matter, I am unrepresented, with no experience of Court procedures. If I do not set out documents in the way that the Claimant may do, I trust the Court will excuse my inexperience. In this Witness statement, the facts and matters stated are true and within my own knowledge, except where indicated otherwise.

1.       I as the defendant deny I am liable for the entirety of this claim for the reason that a contravention did not occur.

2.       The claimant is a member of the IPC - International Parking Community (previously known at the Independent Parking Committee) and was a member at the time of the incident in question in 2017.

3.       As a member of the IPC, the claimant must adhere to the IPC Code of Practice. The defendant attaches both the 2017 version (appendix 1) and the 2019 version (appendix 2). The IPC Code of Practice (both 2017 and 2019 versions) contains a section relating to “Grace Periods”, but for the court’s convenience the defendant will refer to the 2017 version (appendix 1).

4.       Relevant to this case, the IPC Code of Practice 2017 Section 15 entitled “Grace Periods” states the following:

a.       “Drivers should be allowed a sufficient amount of time to park and read any signs so they may make an informed decision as to whether or not to remain on the site.”

b.       “Drivers must be allowed a minimum period of 10 minutes to leave a site after a pre-paid or permitted period of parking has expired.”

5.       The defendant proposes that a “sufficient amount of time to park” in the Stadium Retail Park at Wembley, which covers more than 37,000 square feet and has a dedicated car parking area for well over 100 cars, parking alone could take an average person 3-4 minutes.

6.       The claimant had shared an example sign on the site in question (appendix 3) which contains over 200 words of varying fonts and text sizes. The defendant proposes that finding the nearest located sign and reading such a sign sufficiently to make an informed decision as to whether or not to remain on site could an average person a further 1-2 minutes.

7.       The defendant therefore reasonably proposes approximately 6 minutes to enter the car park, locate parking, exit the vehicle, locate a sign, and read the sign sufficiently to have understood such that the terms of parking are agreed.

8.       According to the claimant’s witness statement dated 16th April 2021, the defendant’s vehicle remained in the car park for 102 minutes, whereas the maximum stay is claimed to be 90 mintues, an overstay therefore of 12 minutes.

9.       The defendant proposes that the 12 minutes that the claimant believes to be a contravention, is in fact captured within the 16 additional minutes that the claimant is mandated to abide by the IPC code of practice (6 minutes upon entry and 10 minutes upon exit).

10.   For the above reasons, the defendant proposes that the driver did not in fact overstay and thus denies that any contravention has occurred.

11.   In the above circumstances I respectfully ask that the court dismiss the claim and award the defendant’s costs (appendix 4).

 

12.   For the court’s record, the defendant would like to state that he intends to complain in writing to the International Parking Community (IPC) due to the claimant’s unprofessional behaviour.

a.       The claimant has been aware of the defendant’s new overseas address since the defendant’s letter dated 12th May 2020, and ever since (including up till now) has refused to communicate with the defendant at the proper address

b.       The claimant has served documents and legal papers to 2 incorrect addresses

c.       Judge Bishop highlighted that the claimant sent the particulars of the claim by email to an incorrect email address, thus breaching GDPR and sharing the defendants private information to an unknown email address

 

I believe that the facts stated in this Witness Statement are true

XYZ, Defendant

XYZ Address