Parking Eye or BW Legal? Defence Confusion

DMP24

Afternoon all
I have a question which I have tried to answer by reading through the extremely helpful Newbie thread but I am at a loss.
The parking fine was initially issued by Parking Eye but my recent Notice of County Court Claim issue has been received from BW Legal, my confusion surrounds who am I preparing a defence against? I can see preparing a defence against Parking Eye is very different to BW Legal. 
Background
My wife has been issued two parking fines whilst parking at her place of work for which she has permission and displays the relevant pass. She passed this onto her employee and had not heard anything from Parking Eye so presumed the issue dealt with. We then received letters from BW legal chasing the same parking fine payment to which my wife ignored and regrettably filed in the bin. We have now recieved a Notice of County Court Claim Issued letter from BW Legal and have subsequently received a claim form from the CCBC.

The Claimant is detailed as 3D Parking Limited however beneath the address for sending documents and payments is BW Legal.
The Particulars of Claim are as below.
"The Claim is for the sum of £351.25 being contractual Charges due form the defendant in respect of 2 parking charge notices for contractual breaches which occured between **/**2019 and **/**2019 on private land operated and manged by the claimant in relation to vehicle  with the registration mark **** ***.
The land is privately owned and the claimant operates and enforces a parking management scheme. The defendant is believed to be responsible for the vehicle when the contractual breaches occured. Despite demands, the charges remain unpaid. The claim also includes statutory interest at a rate of 8% per annum( a daily rate of 0.07p) from **/**/2019 to **/**/2019 being an amount of £**.**. The claim also includes £120.00 recovery costs as set out in the terms and conditions and in the ATA AoS code of practice."

I have completed an AoS on MCOL and have until the 13/12/21 to submit my defence. Any help in how I should tackle this would be appreciated.

Thanks in advance
DMP

Coupon-mad

The parking fine was initially issued by Parking Eye but my recent Notice of County Court Claim issue has been received from BW Legal,

Are you sure?  That's a first.  Anyway the Claim form tells you who the claimant is and it isn't BW Legal., so:

(a) who is the Claimant on the N1 claim?

(b) what's the date of issue?

(c) have you acknowledged it yet after reading the NEWBIES THREAD first, and not rushing anything?

Edit - just seen this:

The Claimant is detailed as 3D Parking Limited 

Then this claim is NOT about the Parking Eye PCN.

DMP24

Thanks you Coupon-mad
Answers below
(a) 3D Parking Limited
(b) 13 Nov 2020
(c) I have only completed an AoS which was done on the 15 Nov 2020.
Now I am aware this is not a Parking Eye(awkward....) fine I will prepare a defence as detailed in the newbie thread. 

Redx

Email a SAR to the DPO at 3D Parking attaching a copy of the claim form as proof of I D under the GDPR law to obtain all your data

The AOS was done too early so will affect your deadlines

This has nothing to do with PARKING Eye

DMP24

I have prepared a defence using the template provided by coupon mad(updated Oct 2020).
Please see below the adaptions I have made relating to the specifics of my defence. Any comments appreciated.

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 days in question and would have been parking at their place of work. This has been the case for several years with no further or previous issues, being the defendants place of work they have every right to park there as an employee of a local business who have parking rights within their lease. We have been harassed continuously by 3D Parking Limited and BW legal under the instruction of 3D Parking Limited. The defendant has tried to explain the situation to the Claimant confirming there employment at the local business to no avail.

DMP24

Redx said:

Email a SAR to the DPO at 3D Parking attaching a copy of the claim form as proof of I D under the GDPR law to obtain all your data

The AOS was done too early so will affect your deadlines

This has nothing to do with PARKING Eye

Correct, this has nothing to do with Parking Eye my mistake.
I will do as you have advised above. Thanks

KeithP

DMP24 said:

(b) 13 Nov 2020
(c) I have only completed an AoS which was done on the 15 Nov 2020.

With a Claim Issue Date of 13th November, and having filed an Acknowledgment of Service on 15th November, you have until 4pm on Monday 14th December 2020 to file your Defence.

That's less than a week 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.

Coupon-mad

DMP24 said:

I have prepared a defence using the template provided by coupon mad(updated Oct 2020).
Please see below the adaptions I have made relating to the specifics of my defence. Any comments appreciated.

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 days in question and would have been parking at their place of work. This has been the case for several years with no further or previous issues, being the defendants place of work they have every right to park there as an employee of a local business who have parking rights within their lease. We have been harassed continuously by 3D Parking Limited and BW legal under the instruction of 3D Parking Limited. The defendant has tried to explain the situation to the Claimant confirming there employment at the local business to no avail.

Typo with the wrong spelling of 'there'.

Apart from that, what were the two PCNs actually for, given you said she displayed her permit?

My wife has been issued two parking fines whilst parking at her place of work for which she has permission and displays the relevant pass.

DMP24

The Particulars of Claim simply state  "in respect of 2 Parking charge Notices for contractual breaches." Full Particulars detailed above in post number two.

Its possible that my wife may have forgotten to display her pass. However its difficult to know for sure as there was no actual ticket on the vehicle, this may have prompted my wife to check whether this may have been the issue. We simply got a letter in the post passed this onto my wifes HR dept. and heard nothing more from 3D Parking. Then BW Legal got involved and things have escalated to this stage.

Coupon-mad

OK, so I would change your #2 and #3 to say:

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 for the claimed sum, or for any sum at all, is denied.   The Defendant believes that they were indeed the driver on the days in question and would have been parking at their place of work. This has been the case for several years with no further or previous issues, being the defendants place of work they have every right to park there as an employee of a local business who have parking rights within their lease.   

 

3.     The Defendant and their family have felt bombarded by letters demanding hugely exaggerated (and changing on a whim) sums of money and have been harassed continuously by 3D Parking Limited and their notorious robo-claim legal firm.  The Government (MHCLG) is stepping in by working on an imminent, properly regulated system as part of the wider framework flowing from the new Private Parking (Code of Practice) Act 2019 but at present, there is no fair appeals service offered by this industry (particularly not IPC members like this Claimant, who do not offer POPLA.  Instead the appeals system is known to be a kangaroo court run by the IPC Trade Body and their published data shows that only 5% of consumer appeals are upheld).  The Defendant has tried to explain the situation to the Claimant, confirming their employment at the local business but to no avail.  The Defendant cannot understand what the alleged breach of contract was on each occasion, because there were no Parking Charge Notices left on the windscreen and the the Particulars of Claim simply state  "...in respect of 2 parking charge notices for contractual breaches which occurred between **/**2019 and **/**2019''.   The first demands for money arrived some weeks after the events and the Defendant has a permit displayed in the car so there was no opportunity to learn about any alleged breach and to respond to it or check whether it was something as simple as the permit slipping slightly out of view one day. The first postal notices were passed to the Defendant's HR department which was the standard policy to get unfair notices cancelled and the Defendant believed these were dealt with, until BW Legal got involved to drive the matters to litigation.  

DMP24

Coupon-mad you are a scholar and a gent. Thank you.

I will add this to my defence and email across as described in the newbie thread. This forum is such a great help.

Will update the thread regarding any further outcomes.