BW LEGAL - PROPOSED ALLOCATION TO THE SMALL CLAIMS TRACK

dot_net

Hello,

Kindly be gentle, this is all new to me, i struggle with technology.

I have only come across this link after i had already send my DEFENCE to CCBC.

I have gone through multiple threads here, which have been very helpful.

My story:

Back in 2018 i was parking in my allocated parking space, that comes with my rented flat. I was displaying a parking ticket that happened to on my wide dashboard but not on the screen as the  Parking and Property management claims. And so i was issued with PCN.

I appealed through the Parking and Property Management Website but they refused to uphold my claim. They then asked me to appeal to IAS which i did within the time frame i was given.

IAS never responded to my appeal.

After about two years, in 2020 I received a letter from BW Legal claiming that i need to pay them, if not they were going to take me to the courts.  I have got no plans of paying them as i believe this pure day time fraud.

2020, BW Legals has send me about 3 letter which i ignored all of them.

I received a CLAIM form from CCBC dated 27, October 2020.

I filled in AOS and a DEFENCE on 6,November 2020.

9,November 2020 I received an acknowledgement receipt letter of my defence.

I received a letter saying County Court Claim issued dated ** October 2020 from BW Legal. I ignored the letter never responded.

 I am now in receipt of a Notice of Proposed Allocation to the Small Claims Track from CCBC  dated 24 November,2020. It states that i need to fill in the Questionnaire (FORM 180) respond by 11 December 2020.

 These are the steps taken so far:

1.         I filled in AOS and a DEFENCE on 6,November 2020.

            With the help of this thread  **NEWBIES!! PRIVATE PARKING TICKET? OLD OR NEW? **READ THESE FAQS FIRST!** Thankyou! — MoneySavingExpert Forum

2.         I filled the above on hard copy.(Paper form and posted          through the post)

3.         I drafted a DEFENCE and posted through the post on 6         November 2020

Next step is

4.         Next step is request  Subject Access Request 'SAR' from     Parking and Property Management

SAR - I will be asking for:
            - ALL photos taken
            - all letters/emails sent and received, including any appeal correspondence          earlier
            - all data held, all evidence they will rely on, and a full copy of the PCN,                 NTK.

5.         cpr 31.14 request BWL

6.          Respond to Notice of Proposed Allocation to the small claims Track by 11             December 2020

7.         At what stage do i write to my MP asking if he  will alert the MHCLG (quoting    the new PAS232 Privately Managed Parking specification and new   planned Code of                   Practice). Is there anything else to add here for MP?

          https://forums.moneysavingexpert.com/discussion/comment/77602495#Co          mment_77602495 (Page 3, Comment by Coupon_mad)

On this template, Ii am on Point No. 8 Suggested template defence to adapt for all parking charge cases where they add false admin costs — MoneySavingExpert Forum

Please, can someone please help, am I following the correct steps or if there is something more that i need to be doing

I now am inthe process of doing CPR31.14 to BWL.

Am not sure what i should fill in below paragraphs from the CPR31.14 Template
1. To enable me to file my defence and/or counterclaim, I require inspection of documents you mention in your statement of case ahead of filing my defence on xx/xx/xxxx.
     (What date shall i fill here? I did fill my defence on 6, November 2020)

2. For your information and records I enclose a copy of the formal request for a copy of the credit agreement relating to this claim, pursuant to the Consumer Credit Act 1974, which has been posted to your client with the statutory fee of £1 today, xx/xx/xxxx.
(What is this, what is that i need to post to the client i.e. in my case it will be Parking and Property Management Ltd?) Please can someone expand abit as i am not sure what i need to do? what is this statutory fee of £1

3. ONLY LIST HERE DOCUMENTS THAT ARE MENTIONED IN THE PARTICULARS OF CLAIM ON THE FRONT OF THE CLAIM FORM – eg. IF THEY DON’T MENTION ‘ DEFAULT NOTICE’ YOU CANNOT ASK FOR IT UNDER CPR 31.14, IF THEY MENTION CONTRACT rather than AGREEMENT – ask for the CONTRACT
Please see below is particulars of claim "Claim form"
"The claim is for the sum of £114 being the contractual charge due from Defendant in respect tof a PCN for a contractual breach which occurred on Nov 2018 in the private car park/land at ******* addresss*****It goes on to say "The claims also icnculudes statuarory interst pursuant to section 69 of the county courts act 1984 at rate of 8% PA(a daily rate of £0.02 from Nov 18 to Oct 2020 being a mount of £14.42. The claimant also claims £60 recovery costs as set in the Terms and condition s and in the ATA AoS Code of Practise

Please see if in this instance i will request only Contract and Formal Demand, or if there something else that i missing?
I am very sorry if i might have posted something that i shouldnt, if i need to delete anything from my post please let me know

Thank you all

nosferatu1001

Cpr31 does not apply to small claims, and bwl will just keep on telling you that. 

So you follow the newbies thread, which does not have any cpr31 in it. 

Did you get confirmation the CCBC received your defence? You should NEVER post it. Email is best. Do this for the DQ. 

Did you go ONLINE to mcol to see what the status of your claim is?

D_P_Dance

Have you read this?

http://parking-prankster.blogspot.com/2016/11/residential-parking.html

What does your lease/AST say about parking? Does it mention the need to display a permit? then it may take primacy over the self serving TnC of the scammer, and interfere with your lawful right to “quiet enjoyment” of your property, possible an offence under The Landlord and Tenants Acts.

Nine times out of ten these tickets are scams, so consider complaining to

dot_net

Hello

Thank you for responding
Yes CCBC responded they received 9,November 2020

I have just registered  ONLINE to MCOL, but i don't know what my Password is. Not able to see the status of my claim. Do you know how i can get MCOL Password?

Can someone please point me where i can feel the Notice of Proposed Allocation to the small claims track online?I am to fill there questionnaire and send back by 11 December 2020. I have got a hardcopy one that i received from CCBC. 

@D_P_Dance my tenancy lease does not show much about the parking space allocated to me(which is clearly marked and numbered as per my flat number) I will ask my landlord. My tenancy agreement does not show that i need to display a permit. 

I intend sending SAR to Parking and Property Management Ltd see what information they hold.

KeithP

dot_net said:

Do you know how i can get MCOL Password?

It is on your County Court Claim Form - about halfway down the right hand side.

KeithP

dot_net said:

Can someone please point me where i can feel the Notice of Proposed Allocation to the small claims track online?I am to fill there questionnaire and send back by 11 December 2020. I have got a hardcopy one that i received from CCBC. 

Download a Directions Questionnaire from the internet - https://www.gov.uk/government/publications/form-n180-directions-questionnaire-small-claims-track , and then complete it as described by bargepole in his 'what happens when' post linked from post #2 of the NEWBIES thread.

Hint: fill it in online - it's neater.

Return it as a pdf attachment to the email address ccbcaq@justice.gov.uk remembering to send a copy to the Claimant.

dot_net

KeithP - thank you - logged in mcol successfully.

thanks for questionnaire link.

nosferatu1001 - My status, A claim was issued against you on 27/10/2020,Your defence was received on 09/11/2020

DQ sent to you on 24/11/2020

Coupon-mad

What did your defence say, word for word please?

Are you saying the permit was visible on the dash, through the windscreen, but the scammer (as usual) took photos at an angle?

dot_net

Hi all,
I am hoping someone will help out.
Just in a mode of panic, had family health issues and so not been able to check on my email.
i just logged in to MCCOL and gathered that i need to submit something today 08.12.20 (see attached screenshot). Whereas the paperwork that i received dated 29th Nov 2020, is showing that i need to submit small claims  FORM N180 by 11/12/20.

If someone could please advise what is it that i am supposed to submit by today please?
Coupon-mad -  i will paste the word by word document as soon as i get into my computer.
Thanks

Redx

Download your DQ , fill it in and email it asap to the ccbcaq email address , attaching it and adding the claim number etc

The stages are all listed in the Newbies FAQ sticky thread near the top of the forum , second post

If you snooze , you lose , so get a grip

Le_Kirk

Use this form to complete on line, before printing and sending by e-mail as advised by @Redx: -
https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/866791/n180-eng.pdf
For completeness here is the government web site from which I obtained the N180: -
https://www.gov.uk/government/publications/form-n180-directions-questionnaire-small-claims-track
Presume you know where the NEWBIE sticky is so you can get help to complete it correctly.