BW Legal - court claim

paleape

Hello,

I've had an ongoing dispute with BW Legal as part of a PCN that was issued in June 2019.

Long story short, I got a ticket while parked at my work place because i didn't have my parking permit on my windshield, but rather tucked on the dashboard. Not sure what agreement was made but I'm pretty sure the company  I work for doesn't own the land, it's leased and 3D Parking was brought in to check for cars that used our parking. This is the only fine I got and it was towards the end of their contract ( i think they left in July) so they probably tried to get some quick fines in I guess. We were told as long as we have a valid parking permit (which I had) and it's displayed, that's enough.

I made an appeal showing that from the angle they took the photos you cannot see the parking permit (it's not that big, just a number) but from an opposite angle it can be seen, obviously the appeal was denied.

Meantime i relocated to another country and rarely come to UK (just work related) because of the pandemic. I still have a registered UK address and got the claim on 20th of October. I thought this is all done and dusted as I haven't heard from them in almost a year not but seems i was wrong again. Unfortunately after relocation I lost all the info I got in my initial SAR; I mean another one meantime with 3D parking.

I've followed the advice so far and submitted for an AOS, I assume the below means i got the extra 14 days?

A claim was issued against you on 20/10/2020

Your acknowledgment of service was submitted on 21/10/2020 at 19:05:57

Your acknowledgment of service was received on 22/10/2020 at 08:05:27

What are the next steps now? Just prepare a defense and check the website for other defense threads? Also, not being in the country, what options do I have -- I've seen some on some threads that the claim was done via the phone - is that an option for me?

I'm a bit lost for ideas at the moment, I still struggle with the idea i'm being chased for a ticket I got at the parking at work.

Any advice is appreciated, also please let me know if I've missed anything. Apologies for any spelling mistakes, english is not my first language.

Much appreciated.

Redx

Your English is better than me using your language , trust me

It's Defence , no S

There is a template defence for you to adapt linked in the newbies FAQ sticky thread near the top of the forum

Email a SAR to the DPO at 3d , with a copy of the claim form as proof of I D under the GDPR law

The AOS was done too early , but too late to worry about it now

KeithP

paleape said:

A claim was issued against you on 20/10/2020

Your acknowledgment of service was submitted on 21/10/2020 at 19:05:57

Your acknowledgment of service was received on 22/10/2020 at 08:05:27

With a Claim Issue Date of 20th October, and having filed an Acknowledgment of Service on 22nd October, you have until 4pm on Thursday 19th November 2020 to file your Defence.

That's over two 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 at the second post in the NEWBIES thread.

Don't miss the deadline for filing a Defence.

paleape

much appreciated both! that should be enough time, will get back to this if i have any other questions. One more question at the moment, how would I know if it will be done by phone?

D_P_Dance

. One more question at the moment, how would I know if it will be done by phone?

Someone would tell you?.

Coupon-mad

The court send letters telling you what to do and by when.  Later on.

paleape

Hello,

First of all i'd like to thank you for putting together all the information on this forum, it was all very helpful. I will print, sign, scan and email my defence first thing tomorrow morning.

Given it's a BW Legal claim, i followed the default template. I have taken out points 17 and 18 as I only interested to get this over with and not be chased for a parking fine. I have only filled in the 2nd and 3rd paragraph. From the 4th until the 16th it is not changed. Please see below, i have redacted (XXXXX) any personal information.

The facts as known to the Defendant:

2.       It is admitted that the Defendant was the registered keeper and driver of the vehicle in question but liability is denied. The incident happened in the business parking lot at the following address XXXXXXXX. To my best of knowledge this parking lot is used by my employer (XXXXXXX), however the land is not owned by my employer, only leased. I do not know the owner of the land and there is no contract between me and the owner in regards to using the parking lot.

3.        This is my current work place and was at the time when the parking charge was issued. I deny having any agreements with 3D Parking Limited in regards to parking limitations. There were no parking signage visible at the entrance in the said parking lot. The company (XXXXXXX) has informed the employees (myself included) that we should have our cars registered to make sure we can still use the parking lot, which I complied with. No other communication was issued. Shortly after the incident, 3D Parking Limited ceased their activity in the parking lot. At the date when the parking charge was issued no tickets were left, I have received it via post at a later date, therefore being unaware of the incident I could not take pictures/evidence on the day. The parking charge was issued for not displaying a valid permit, however the evidence offered was inconclusive. The pictures taken were low quality and the angles were not covering the whole dashboard. Also, no proof of signage was provided. When I have disputed with personal photos showing the photos could have missed the permit in the dashboard, the dispute was disregarded with a standard response, suggesting the Claimant has not reviewed them and had no intention to do so.

Much appreciated.

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KeithP

A Defence is always written in the third person.

paleape

Apologies, I have replaced first person with the Defendant.

2.       It is admitted that the Defendant was the registered keeper and driver of the vehicle in question but liability is denied. The incident happened in the business parking lot at the following address XXXXXXXX. To my best of knowledge this parking lot is used by the Defendant’s employer (XXXXXXX), however the land is not owned by my employer, only leased. The Defendant does not know the owner of the land and there is no contract between the Defendant and the owner in regards to using the parking lot.

3.        This is the Defendant’s current work place and was at the time when the parking charge was issued. The Defendant denies having any agreements with 3D Parking Limited in regards to parking limitations. There were no parking signage visible at the entrance in the said parking lot. The company (XXXXXXX) has informed the employees (the Defendant included) that everyone should have their cars registered to still use the parking lot, which the Defendant has complied with. No other communication was issued. Shortly after the incident, 3D Parking Limited ceased their activity in the parking lot. At the date when the parking charge was issued no tickets were left, the Defendant received it via post at a later date, therefore being unaware of the incident, no pictures/evidence were on the day. The parking charge was issued for not displaying a valid permit, however the evidence offered was inconclusive. The pictures taken were low quality and the angles were not covering the whole dashboard. Also, no proof of signage was provided. When the claim have disputed with personal photos showing the photos taken could have missed the permit in the dashboard, the dispute was disregarded with a standard response, suggesting the Claimant has not reviewed them and had no intention to do so.

KeithP

I can still see the word my in there. 

You've no doubt noticed that I'm chipping away at the edges here. 

You haven't left much time for a more fulsome critique, have you?
Let's hope some others find themselves with nothing else to do this evening.

paleape

Alright, i see it twice, it will be changed. Much appreciated, Keith. And mea culpa for leaving it late, against the provided advice. For some reason thought it won't take long (albeit it didn't but agreed, not much time for extra feedback).

I am not really sure what else to say, i was parking in the parking lot provided by the company, the got 3d parking to check for other people that were not working there and were using our parking lot. There was no real signage around, just some emails saying to make sure we have our cars registered. Because this happened in June 19 i can't really prove there were no signs around, and as i said in the Defence, their contract ran out shortly after, my guess is they tried to get a quick buck out of some people, as this was the only time i was issued a parking ticket.

Thank you again