Napier Parking/BW Legal, CCBS Claim Form received. Help and guidance very much needed!

Dotage

Claim form received on 26th March 2021, reads as follows:-

Issue Date 23 March 2021
The Claim is for the sum of £100.88 being due from the Defendant in respect of a Fixed Charge Notice (FCN) for a contractual breach which occurred on 24/09/2019 in the private car park/land at X------------------------X in relation to a Jeep registration mark XXXXXXX.
The FCN was issued as the driver failed to comply with the terms and conditions, as displayed. Despite demands, the charge remains unpaid.
The claim also includes Statuary 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 24/09/2019 to 20/03/2021 being an amount of £10.88. The Claimant also claims £60.00 recovery costs as set out in the Terms and conditions in the ATA AoS Code of Practice.

Amount claimed                    160.88
Court fee                                 25.00
Legal representatives costs    50.00
Total amount                         235.88

My partner and I use this car park frequently and always pay for a parking ticket at the machine, and display it on the dash in the usual way. We cannot remember anything about the day that we supposedly failed to comply with the "terms and conditions", indeed we can not recall which one of us was driving on that day; however we most certainly did not find any thing attached to the windscreen of the car, furthermore, the first that we were aware that there was a problem, was when the Claim form arrived on 26th March, there had been no previous communication whatsoever.

I have spent some time going through the very numerous threads relating to parking tickets, and the good advice contained therein. Acting on the advice that I have so far found, I went on line and acknowledged service on 31/3/2021, I also sent an email to Napier parking with a SAR, and also an email to BW Legal informing them of the SAR and that I am seeking debt advice but I deny any debt and the case must be put 'on hold' for not less than 30 days under the PAP for debt claims 2017, as yet I have not received any response.

We have also returned to the car park and taken pictures of all notices etc, and yes the "terms and conditions" are in ridiculously small print, but also the FCN is not displayed on the main notice boards, and is shown as £90.00, not £100.88 as stated on the claim form; furthermore the notice's state that there are cameras, but we could not see any!

I am hoping that I can use a modified template defence to fight this, but until I know exactly what terms and conditions I am supposed to be in breach of, and what evidence they have against me, I feel my hands are somewhat tied!
I would very much appreciate any advice you can offer me at this stage.

Redx

Too late to be placed on hold so that will be refused , that section is for the LBC stage , not court claim stage , but no Biggie , just expect a fob off in reply

Just post your modified paragraphs 2 and 3 below for critique , based on some of the above , don't post the rest of the template , it's only your work that needs checking

They have added debt collector fees on , so at least £60 or more is a spurious extra , plus interest charges too

£90 + £75 = £165 in total

You could start by looking at this draft defence plus the comments made , to create your own draft

https://forums.moneysavingexpert.com/discussion/6257334/claim-form-vcs-elms#latest

KeithP

Dotage said:

Claim form received on 26th March 2021...

Issue Date 23 March 2021

With a Claim Issue Date of 23rd March, you have until Monday 12th April to file an Acknowledgment of Service, but there is nothing to be gained by delaying it. 

To file an AoS, follow the guidance in the Dropbox file linked from the second post in the NEWBIES thread.
Suggest you file an AoS without delay - only about ten minutes work.

Having filed an AoS, you have until 4pm on Monday 26th April 2021 to file your Defence.

That's nearly 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 again at the second post on the NEWBIES thread - immediately following where you found the Acknowledgment of Service instructions.

Don't miss the deadline for filing an Acknowledgment of Service, nor that for filing a Defence.

Dotage

Thanks Keith

Dotage

Thanks Redx. wil read, digest and post for critique when done.

beamerguy

The Claimant also claims £60.00 recovery costs as set out in the Terms and conditions in the ATA AoS Code of Practice.

Amount claimed       160.88

More BWLegal utter rubbish ... the ATA code of practice has nothing to do with the motorist, it is not a law or legal, 

This is fakery which makes their claim unreliable and you will be asking the court to strike out the case.
BWLegal will have signed a statement of truth that the fake £60 add-on is legal. How daft is that ??


Read the ABUSE OF PROCESS THREAD and in particular the EXCEL v WILKINSON case
https://forums.moneysavingexpert.com/discussion/6103933/abuse-of-process-thread-part-2/p1?new=1

Dotage

Thanks beamerguy, quite a bit to read, but so far I am felling very positive!

Coupon-mad

The POC state what the extra £10.88 is.  Interest on the £90.

This is easy to defend.  Just adapt the template defence as the NEWBIES thread tells you, and adapt this story as your paragraph #3 in the defence because these are your facts. In a defence though, don't use ''I'' or ''my'':

My partner and I use this car park frequently and always pay for a parking ticket at the machine, and display it on the dash in the usual way. We cannot remember anything about the day that we supposedly failed to comply with the "terms and conditions", indeed we can not recall which one of us was driving on that day; however we most certainly did not find any thing attached to the windscreen of the car, furthermore, the first that we were aware that there was a problem, was when the Claim form arrived on 26th March, there had been no previous communication whatsoever.

Dotage

Thanks for that Coupon-mad, do'h! Should have figured that out for myself, glad I asked for some help! 

Dotage

First attempt at the Defence, please review and advise accordingly. Many thanks

1.       The Defendant denies that the Claimant is entitled to relief in the sum claimed, or at all.  It is denied that a contract was entered into - by conduct or otherwise - whereby it was ‘agreed’ to pay a ‘parking charge’ and it is denied that this Claimant (understood to have a bare licence as managers) has standing to sue, nor to form contracts in their own name at the location.

 

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. The defendant and his partner use this car park frequently and always pay for a parking ticket at the machine, and display it on the dash in the usual way.

They cannot remember anything about the day that they supposedly failed to comply with the "terms and conditions", indeed they cannot recall which one of them was driving on that day; however they most certainly did not find anything attached to the windscreen of the car, on that or any other day, furthermore, the first that they were aware that there was a problem relating to using that car park, was when the Claim form arrived on 26th March 2021, there had been no previous communication whatsoever.

The Defendant cannot be held liable due to the Claimant not complying with the ‘keeper liability’ requirements set out in the Protection of Freedoms Act 2012, Schedule 4.

 

3.  The Defendant asks that the court strike out the case, because the Claimant is attempting double recovery, which the defendant understands is Abuse of process, by adding an additional charge of £60.

SayNoToPCN

Is your V5c up to date? Dont guess, check. That would be reason why you maybe saw nothing until now. 

You are writing out long sentences when you can shorten them. Brevity really assists the court here. 

Use this pay and display car park and always pay for, and display a parking ticket on the dashboard. (That just sets the scene - pay and display c arpark, as the template te4lls you to do ) 

For another example: ...The defendant has no recollection of an unremarkable day some 18 months ago, and as multiple drivers regularly use the vehicle the identity of the driver is unknown. No windscreen ticket was reported by any of the regular drivers, and no notice to keeper was ever given to the defendant. The claimant has therefore failed to comply with the strict provisions of the Protection of Freedoms Act, Schedule 4 ("The Act") that may have held the defendant liable under The Act, and as such they are put to strict proof that the Defendant was the driver on that day.