Link Parking and BWLegal advice please

zimbo_ouen

I am going to follow this with some interest as I am dealing with Link Parking too but on a private residential estate with full permission to park by the owner and nothing in the lease stating about needing a permit.

Good luck with this one!

Coupon-mad

mgmju411 said:

HI Coupan-mad many thanks for your comments.  
I have updated my defence to use the 2020 template and I have added additional paragraphs in section 3 relating to no signage.

All comments appreciated.

1.       The Defendant denies that the Claimant is entitled to relief in the sum claimed, or at all.  It is denied that a contract was entered into - by conduct or otherwise - whereby it was ‘agreed’ to pay a ‘parking charge’ and it is denied that this Claimant (understood to have a bare licence as managers) has standing to sue, nor to form contracts in their own name at the location.

The facts as known to the Defendant:

2.       It is admitted that the Defendant was the registered keeper of the vehicle in question but liability is denied. 

3.  The Defendant believes that they were indeed the driver on the day in question and would have been parking on private land associated with a business that is regularly used by customers of the local restaurants when the business is closed. This has been the case for several years with no previous issues.   The Defendant cannot understand what the alleged breach of contract was because there wasn’t a Parking Charge Notices left on the windscreen, despite the questionable photos supplied by the Claimant after a SAR request.  The defendant first heard about this parking charge after receiving the ‘Notification to Keeper’. (NTK).  Following the receipt of the ‘(NTK the Defendant, in preparation for the defence, searched the site and only found a small unlit sign that was not visible to a driver entering the site.  The sign was obscured by another sign implying that parking was acceptable by stating that “The users of this car park do so at their own risk.  The management will not accept any liability for accidents, damage or loss incurred”.   

4.  The Defendant tried to explain the situation to the Claimant, stating that the signs at this site didn’t conform to the IPC’s code of practice but to no avail.  No proof of signage has been  provided by the Claimant except for a stock photo of a parking sign which did not display a location code.  The sign displayed in the photo did not exist at this site.

Every para must be numbered, so I'd show it was above.  Also there is a typo to put right:

there wasn’t a Parking Charge Notices 

mgmju411

Many thanks coupon-mad.  I’ve updated the defence as suggested.

I’ve read the Newbies and a number of other posts about submitting the AOS and my defence.  

My question is do I submit my defence using the Government Gateway details via MCOL as there is an option to ‘Start Defence” on that site and also send it to the following e-mail CCBCAQ@Justice.gov.uk or do I just send it to the CCBCAQ e-mail address?  I will now start on my WS, is there a template for this that I can follow?

Thanks in advance

nosferatu1001

Why are you asking? The newbies thread gives you precise instruction!  Email. Email only. Never mcol. 

Every part of the newbies thread is correct when it comes to process.  Follow it. 

There's a WS linked form the newbies thread...

Coupon-mad

My question is do I submit my defence using the Government Gateway details via MCOL as there is an option to ‘Start Defence” on that site?

No, as bargepole explains in a link to one of his posts, in the NEWBIES thread.  DO NOT TOUCH MCOL AGAIN.

I will now start on my WS, is there a template for this that I can follow?

Yes - you can probably guess where I am going to send you to read it!

KeithP

Do not do anything on the MCOL site. You have finished with it - other than perhaps looking at the Claim History. Bargepole's 'what happens when' post linked from the NEWBIES thread gives reasons why that is not a good idea.

My posts on this only list the things you need to do - not those things you don't need to do.

Now that @Coupon-mad has taken over that text, perhaps you should ask her to make it clearer.

mgmju411

Good evening.  I was planning on e-mailing my DS to CCBCAQ tomorrow.  However today I received an e-mail from BWlegal stating "As previously confirmed, if you are wanting to dispute this matter further please respond to the claim form accordingly.

If no response is received within 14 days from the date of this email, we will be at liberty to request that a CCJ is registered against you, for the balance outstanding."

Is their statement correct and how should I respond?

I would really appreciate your advice

KeithP

mgmju411 said:

Good evening.  I was planning on e-mailing my DS to CCBCAQ tomorrow.  However today I received an e-mail from BWlegal stating "As previously confirmed, if you are wanting to dispute this matter further please respond to the claim form accordingly.

If no response is received within 14 days from the date of this email, we will be at liberty to request that a CCJ is registered against you, for the balance outstanding."

Is their statement correct and how should I respond?

I would really appreciate your advice

Yes, that statement is fine. Fourteen days from the date of that email, i.e. today,  is after your Defence filing deadline of 4pm on Tuesday 29th December 2020.

They are saying that if you don't file a Defence before that deadline then they will seek a default Judgment against you.

So, file your Defence before the deadline. That's all you need do.

mgmju411

Thank you for a quick response. 

mgmju411

Good morning.  I filed my DS which is now listed on the MCOL site.  I would like to know when I'm likely to receive the DQ and the date when I will have to submit my WS.  Thanks in advance