BW Legal Britannia MCOL Claim - Need to write a defence

azkaban420

Hi lovely people. I haven't been on MSE for years but am in a bit of a panic, and just need to calm down and work out a defence for a parking fine:

A claim was issued against you on 09/11/2020

Your acknowledgment of service was submitted on 22/11/2020 at 14:55:29

Your acknowledgment of service was received on 23/11/2020 at 01:17:29

Britannia Parking Group Limited t/a Britannia Parking

Claim Number

XXXXX

Defendant

Mr Better Half Azkaban420

Amount Claimed

£169.74

Court Fee

£25.00

Solicitor Costs

£50.00
Total Amount

£244.74

Issue Date

09/11/2020

Particulars of Claim:
This Claim is for the sum of £109.75 being the contractual charge due from the Defendant in respect of a PCNN for a contractual breach which occurred on 09/07/2019 in the private car park/land at xxx in relation to a xxx registration mark xxx. This PCN was issued as the defendant failed to comply with the terms and conditions, as displayed.  Despite demands, the charge remains unpaid. The Claim also includes statutory interest pursuant to section 69 of the County Courts Act 1984 at a rate of 8% per annum (a daily rate of £0.02) from 09/07/2019 to 06/11/2020 being an amount of £9.74. The Claimant also claims £60.00 recovery costs as set out in the Terms and Conditions and in the ATA AoS Code of Practice.

Please help me and please be gentle, I've read lots of newbie threads and am a bit bamboozled. Did an AOS to get 28 days for the defence.

Redx

Adapt the template defence by coupon mad from the newbies FAQ sticky thread near the top of the forum

Read other recent Britannia threads to see what they wrote

Post your adapted paragraphs 2 & 3 below , for critique

azkaban420

Thank you for the quick response Redx. Onnit...

KeithP

azkaban420 said:

A claim was issued against you on 09/11/2020

Your acknowledgment of service was received on 23/11/2020 at 01:17:29.

With a Claim Issue Date of 9th November, and having filed an Acknowledgment of Service in a timely manner, you had until 4pm on Monday 14th December 2020 to file your Defence.
That was yesterday!!

Since that time the Claimant has been free to seek a Default Judgment against you, and may have already done so.

To create a Defence, and then file a Defence by email, look at the second post in the NEWBIES thread.

You must file a Defence NOW!!

The good news is that nothing further will happen before 8am tomorrow.

You must file your Defence before 8am tomorrow morning.

azkaban420

Eeek working on it now, struggling with wording for point 3 (in own words) but reading up. Will file it today.

azkaban420

Sorry if this looks really lame, is this ok? 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. It is admitted that the Defendant was the driver of the vehicle. 3. The defendant admits driving into said car park to drop off a disabled passenger who also asked defendant to take them back as they needed to drop something with another person. Defendant stayed at the drop off point and didn’t park in a bay. As the disabled passenger changed their mind, the Defendant then left the car park (in under 14 minutes). The car park wasn’t well lit and in driving mode, the signs were difficult to read. Defendant was unable to read that there was not a period of grace.

beamerguy

YOU MUST do what Keith has said above .... THAT IS URGENT.

BWLegal have added a fake amount of £60 which is unlawful.  They claim it is allowed by the ATA code of practice
THAT IS nonsensical rubbish. Why is it rubbish ?  simply because the code of practice is only for the PPC and is against POFA2012 and Beavis.  YOU ARE NOT a member of any ATA and as such you have no contract 
This is the BWLegal scam copied by other dodgy legals and the court must be alerted that BWLegal are claiming a scam.   The judge knows what to do at this point as you can see here ....

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

You said it was dark and the signs were not easily read.   
You need pictures to confirm.

As this is Britannia, you must check 3 things.   you can check on this web site
https://beta.companieshouse.gov.uk/officers/RHPBpZJHOsN21zDn5VXHggkxTLo/appointme

There are numerous companies each one having their own number

1: Which one is shown on the ticket
2: Which one is shown on the signs
3: Which one signed the contract to operate in the car park, that is the landowner. which you can find out from the council

ALL THREE MUST MATCH

To help you understand this, and it's importance read this
https://forums.moneysavingexpert.com/discussion/6008854/britania-parking-pcn-bournemouth&highlight=icicle&page=3

Coupon-mad

azkaban420 said:

Sorry if this looks really lame, is this ok? 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. It is admitted that the Defendant was the driver of the vehicle. 3. The defendant admits driving into said car park to drop off a disabled passenger who also asked defendant to take them back as they needed to drop something with another person. Defendant stayed at the drop off point and didn’t park in a bay. As the disabled passenger changed their mind, the Defendant then left the car park (in under 14 minutes). The car park wasn’t well lit and in driving mode, the signs were difficult to read. Defendant was unable to read that there was not a period of grace.

Sounds fine.   That's not lame.  You were a carer of a disabled person and needed a 'reasonable adjustment' allowed by the Equality Act 2010, so that they could access the location.

Get it signed and dated and emailed NOW to the CCBCAQ email address as shown in the template defence thread.

Don't get bogged down by the names of Britannia because the template already covers that.  It already says that that you put the C to strict proof that they have landowner authority.  You can go to town about the Britannia names in your later WS and evidence and you can read up on other Britannia threads in the meantime.

Which location is it?  One of them has ANPR cameras on the public highway, we discovered recently.

azkaban420

Thanks all for your help and guidance. Coupon-mad the location was Milton Keynes - Avebury MSCP. I'm following the steps to file the defence just now.

azkaban420

Sorry if this a stupid question but will sign and date the letter with today's date. Will MCOL hold it against me that I'm a day too late?

KeithP

azkaban420 said:

Sorry if this a stupid question but will sign and date the letter with today's date. Will MCOL hold it against me that I'm a day too late?

No they won't, but why not date it with yesterday's date?