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BW Legal - Small Claims Court stage

Hi Guys,

Ive read the guidance and looking to draft my Defence. Ive already requested the extension via AOS.

At work where I have permission to park got a ticket (because the permit was not displayed, genuinely forgot). After receiving PCN, work called PPM (parking and property management) to say that I had permission to park (I can also get a letter from work to this affect) but they said permit was not displayed and the operator issues the ticket correctly. They offered to reduce it to £35 etc but I obv didnt agree.

The PCN was issued in June 2019 - got a few letters initially then nothing and then started again - now at county court.

Do I declare what happened and that I have permission at point 3 of the defence?

Also, from a previous case BW legal lost for issuing ticket for the same reason I know that their contract with leaseholders does not state they have authority over the the land where the PCN was issued but only states the name and address of the main building which is a different address across the road. In this other case the judge threw it out as the contract was not worth the paper.

any advice would be much appreciated.

thanks guys
«1345

Comments

  • KeithP
    KeithP Posts: 41,296 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    What is the Issue Date on your County Court Claim Form?

    Upon what date did you file an Acknowledgment of Service?
    Your MCOL Claim History will have the definitive answer to that.
  • Nameless
    Nameless Posts: 107 Forumite
    Part of the Furniture 100 Posts Name Dropper Combo Breaker
    Hi Keith,

    thanks for the response.

    Issue date: 03 Nov
    Aos: 12/11/2020
  • beamerguy
    beamerguy Posts: 17,587 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    The problem with robo claimers like BWLegal. they don't pay attention to the facts and in your case they probably are clueless ?  not unusual

    You mention "Also, from a previous case BW legal lost for issuing ticket for the same reason"

    Was this your case or another you read here ?
  • KeithP
    KeithP Posts: 41,296 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    edited 16 November 2020 at 4:58PM
    Nameless said:
    Issue date: 03 Nov
    Aos: 12/11/2020

    With a Claim Issue Date of 3rd November, and having filed an Acknowledgment of Service in a timely manner, you have until 4pm on Monday 7th December 2020 to file your Defence.
    That's three 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.
  • Nameless
    Nameless Posts: 107 Forumite
    Part of the Furniture 100 Posts Name Dropper Combo Breaker
    beamerguy said:
    The problem with robo claimers like BWLegal. they don't pay attention to the facts and in your case they probably are clueless ?  not unusual

    You mention "Also, from a previous case BW legal lost for issuing ticket for the same reason"

    Was this your case or another you read here ?
    Not my case but someone from work who went to court and won. Work called them to ask them to cancel it as I have authority to park but even work who hired them couldnt get them to cancel it 🤷‍♂️
  • Nameless
    Nameless Posts: 107 Forumite
    Part of the Furniture 100 Posts Name Dropper Combo Breaker
    KeithP said:
    Nameless said:
    Issue date: 03 Nov
    Aos: 12/11/2020

    With a Claim Issue Date of 3rd November, and having filed an Acknowledgment of Service in a timely manner, you have until 4pm on Monday 7th December 2020 to file your Defence.
    That's three 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.
    Can I quote the won case as precedence?
  • nosferatu1001
    nosferatu1001 Posts: 12,961 Forumite
    10,000 Posts Third Anniversary Name Dropper
    It is not precedent. But you can point out the similarities. 
  • beamerguy
    beamerguy Posts: 17,587 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    Nameless said:
    beamerguy said:
    The problem with robo claimers like BWLegal. they don't pay attention to the facts and in your case they probably are clueless ?  not unusual

    You mention "Also, from a previous case BW legal lost for issuing ticket for the same reason"

    Was this your case or another you read here ?
    Not my case but someone from work who went to court and won. Work called them to ask them to cancel it as I have authority to park but even work who hired them couldnt get them to cancel it 🤷‍♂️
    You don't need this crap from BWLegal,  You have another case you can call up so do so.
    Bet they added a fake £60 to placate their nasty ways ....

    https://forums.moneysavingexpert.com/discussion/6103933/abuse-of-process-thread-part-2/p1?new=1

    All mouth with no trousers is the best description 
    When you search google for BWLegal just see what comes up.  What company in their right mind would allow themselves to fall into disgrace ... no guesses here then

    BWL read this forum, it's their bible .......  and they still do not learn ?   PITY THEM



  • Nameless
    Nameless Posts: 107 Forumite
    Part of the Furniture 100 Posts Name Dropper Combo Breaker
    beamerguy said:
    Nameless said:
    beamerguy said:
    The problem with robo claimers like BWLegal. they don't pay attention to the facts and in your case they probably are clueless ?  not unusual

    You mention "Also, from a previous case BW legal lost for issuing ticket for the same reason"

    Was this your case or another you read here ?
    Not my case but someone from work who went to court and won. Work called them to ask them to cancel it as I have authority to park but even work who hired them couldnt get them to cancel it 🤷‍♂️
    You don't need this crap from BWLegal,  You have another case you can call up so do so.
    Bet they added a fake £60 to placate their nasty ways ....

    https://forums.moneysavingexpert.com/discussion/6103933/abuse-of-process-thread-part-2/p1?new=1

    All mouth with no trousers is the best description 
    When you search google for BWLegal just see what comes up.  What company in their right mind would allow themselves to fall into disgrace ... no guesses here then

    BWL read this forum, it's their bible .......  and they still do not learn ?   PITY THEM



    They defo added £60 and £50 legal rep fees 🤷‍♂️
  • Redx
    Redx Posts: 38,084 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper Photogenic
    Nameless said:
    beamerguy said:
    The problem with robo claimers like BWLegal. they don't pay attention to the facts and in your case they probably are clueless ?  not unusual

    You mention "Also, from a previous case BW legal lost for issuing ticket for the same reason"

    Was this your case or another you read here ?
    Not my case but someone from work who went to court and won. Work called them to ask them to cancel it as I have authority to park but even work who hired them couldnt get them to cancel it 🤷‍♂️
    Obtain a signed and dated witness statement from your work !!
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