Bw legal/ amtrac security services court claim

Chief21

Hello I’m new to asking advice on forums but I have spent quite a bit of time following parking threads on this forum and can’t quite find one which relates to my situation, so here goes and thanks in advance of your advice.
A brief description of events.
On the 9/3/2020 a pcn was issued to a vehicle which I am the registered keeper the vehicle was parked in a residents only car park whilst visiting a member of family who lives on that complex a residents parking permit was being displayed but neither the driver or the family member were aware that the permit was out of date.(the family member has mild learning difficulty’s and this was a permit which was always used)
no contact has been made to identify the driver to amtrac services. On the 22/07/2020  I received a notice to keeper inviting me to either pay the £100 charge or to pass it on to the driver. Which I did neither followed by a follow up letter dated 11/08/2020 which stated final letter before debt recovery or court action. On the 4/09/2020 I received my first letter from bw legal with the usual £100 charge plus £60 debt recovery fee and offering me a pre approved instalment plan, this was the first of many generic letters from bw 
I did receive a final letter and then I received dated the 12/05 2021 a claim form from the county court business centre for a total of £243.58.  Throughout this time I have not contacted either amtrac or bw legal I know that I should have done some things prior to this but I intend to see this to the end.
From what I can ascertain from all the threads I have read it would appear that the claimant have not issued the NTK within a certain time frame. I have also found that BW legal also credit checked me on the 01/09/2020 and as I have not been in contact with them I’m left wondering is this legal.

Fruitcake

It's legal, unfortunately.

You need to look at the guide to court written by bargepole that you will find in the second post of the NEWBIES, then do the AoS. There is no advantage in delaying this, and a severe disadvantage if you don't do it soon.

Then look at the PoFA to check it the keeper can be held liable.
Next, create your defence by using the template in the sticky threads.

You only need to amend paragraphs 2 and 3 of the template, and post them here for checking.

Double check that what you received on the 22nd of July was the NTK and not a reminder. If it was, it is way too late for the keeper to be liable.
Also check the issue date on the NTK.

Where a NTD is left on the car, the NTK must arrive between day 28 and 56 inclusive, the date of the alleged event being day zero.
 By my calculations the NTK arrived on day 105.

D_P_Dance

I did receive ...  a claim form from the county court business centre for a total of £243.58. 
Which no doubt contains several unlawful add ons.  Read this and complain to your MP.,

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''.

Ask the judge to strike out the entire claim, the law firm know they are wrong.  

Chief21

Thanks fruitcake here is a photo of the NTK I received form the claimant

D_P_Dance

As you will see they have added  £143.58 for unlawful sums, Why not ask the PPC how they arrived at this amount and why they think that  they are legitimate   

Umkomaas

Well out of time and (subject to it not being included on the reverse page) no warning to keeper as prescribed in the Protection of Freedoms Act 2012 (Schedule 4) para 8(2)(f).  But neither invalidate the charge as it stands, but it will be useful if/when it gets in front of a Judge, especially if you were provably not the driver, otherwise you might be exposed to a question from the Judge as to whether you were the driver on the day. You must not lie, otherwise a parking charge might be the least of your worries!  

Nothing is likely to stop Armtrac in their tracks right now, so you're going to have to jump through every hoop that's rolled in front of you, until they either discontinue or it gets to a hearing. 

The NEWBIES FAQ sticky, second post, is your guide to everything now. 

EDIT TO ADD

Have you received an actual court claim (N1 letter) from the Northampton CCBC?  If so, what is the date of issue?  Have you acknowledged service?  If so on what date?  Then forum regular @KeithP can give you a timetable you will need to work to in the early stages of defending the claim. 

Chief21

Hi yes I have received an N1 form which was dated the 12/05 /2021 and have done an AOS today. I didn’t include a defence with it.

KeithP

Chief21 said:

I did receive a final letter and then I received dated the 12/05 2021 a claim form from the county court business centre for a total of £243.58.

With a Claim Issue Date of 12th May, you have until Tuesday 1st June 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.

Having filed an AoS, you have until 4pm on Monday 14th June 2021 to file your Defence.

That's over 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.

Le_Kirk

Chief21 said:

Hi yes I have received an N1 form which was dated the 12/05 /2021 and have done an AOS today. I didn’t include a defence with it.

Correct thing to do, this is sent by e-mail to the address you will find advised in the NEWBIE sticky or contained within the standard defence template.

Chief21

Thanks for all your help everyone

Redx

From now on , treat MCOL website as read only , you won't be adding anything else on there

It's emails only from this point on