Napier Parking - Claim Form

D_P_Dance

That claim contains a considerable amount which is liklely to be unlawful, read this.

Excel v Wilkinson

At the Bradford County Court, District Judge Claire Jackson (now HHJ Jackson, a Specialist Civil Circuit Judge) decided to hear a 'test case' a few months ago, where £60 had been added to a parking charge despite Judges up and down the country repeatedly disallowing that sum and warning parking firms not to waste court time with such spurious claims.   That case was Excel v Wilkinson: G4QZ465V, heard in July 2020 and leave to appeal was refused and that route was not pursued.  The Judge concluded that such claims are proceedings with 'an improper collateral purpose'.   This Judge - and others who have since copied her words and struck dozens of cases out in late 2020 and into 2021 - went into significant detail and concluded that parking operators (such as this Claimant) are seeking to circumvent CPR 27.14 as well as breaching the Consumer Rights Act 2015.   DJ Hickinbottom has recently struck more cases out in that court area, stating: ''I find that striking out this claim is the only appropriate manner in which the disapproval of the court can be shown''.

https://www.dropbox.com/s/16qovzulab1szem/G4QZ465V Excel v Wilkinson.pdf?dl=0

 

youngie24

HI All 

So I sent off the Defense as instructed .. I have just received the below From B W Legal in an email which was A "Letter Of Claim"

I write in response to your email dated 26 May 2021.

With regard to your comment on debt pre-action protocol, kindly note that we sent a letter of claim fully compliant with the debt pre-action protocol on 17 September 2020 allowing you until 22 October 2020 to respond which you failed to do.

Subsequently, as you may be aware, a County Court Claim form was issued on 12 May 2021 and deemed served 17 May 2021. We have not been notified by the court of any issued regarding service of the Claim form. 

Whilst we note your comment that you have raised a Subject Access Request (SAR) with our client, it is important to note that a SAR does not affect the validity of our client’s Claim meaning that our client has an overriding legitimate interest to recover the sums due to them. As such, your account will not be suspended from further legal action unless we are instructed to do so by our client.

Should you have any queries please contact our office 

If you can please let me know as I have respond to the Claim form

KeithP

youngie24 said:

If you can please let me know as I have respond to the Claim form

I don't understand this comment.

You have responded to the Claim Form by filing a Defence.

You now need to go back to that list you were following earlier, and re-read from item 6 onwards...

6. After filing your Defence, there is more to do.

youngie24

Ok I have filed the defense and sent it to CCBCAQ email address ... the email from BW Legal threw me .. should I I ignore it and wait for a response from the courts ? 

Fruitcake

You should have had confirmation that your response has been received by the CC business centre. If not, check your MCOL history. Note that you treat MCOL as read only from now on.

Please also note that there is no "s" in defence.

youngie24

I received an email back from CCBC AQ Acknowledgement .. is that what you mean ? 

Sorry Read only ? 

Yes sorry Defence 🙈

youngie24

Also do I reply to B W Legal ?  

Fruitcake

youngie24 said:

I received an email back from CCBC AQ Acknowledgement .. is that what you mean ? 

Sorry Read only ? 

Yes sorry Defence 🙈

Please be clear. Have you received confirmation from the court or on the MCOL website that your defence has been received by the CC business centre?

Assuming you have confirmation that your defence has been received, you use MCOL for reference only. You do not now submit anything via MCOL. You only read what it says.

This is all explained in the guide to court. You should now refer back to it to see what you need to do next.

youngie24

This is the Header off CCBC

AUTO RESPONSE DO NOT REPLY - CCBC AQ Acknowledgment

COVID- 19 Update;

Due to COVID-19, we may take longer to answer your calls and correspondence and to process claims. We are sorry but, to prioritise urgent work, we cannot provide updates on how your case is progressing.

The County Court Business Centre are currently working a 50/50 split of available staff resource, a week on, week off system to safeguard our team and to comply with social distancing, in our commitment to delivering an ongoing service to our customers.

If you should have any queries please forward to XXXXXXXXX

Thank you for emailing the County Court Business Centre, please accept this as a receipt of your email.  Where a response is required we will endeavour to respond to your email within 10 working days (please do not re-send duplicate messages)

 If you’ve submitted a complaint, please note that the Court will aim to reply within 10 working days. (please do not duplicate complaints)

 
and so on ...  

Fruitcake

That's a confirmation of receipt of email, not confirmation of receipt of your defence. You need to check the MCOL website until you see confirmation. 
If your submission deadline is approaching and you haven't heard anything then you will need to 'phone them up, although it does take a few days for MCOL to update.