Total Parking Solutions/BW Legal court claim

forgotmyname

Someone popped over and mentioned they had a parking ticket from Total Parking Solutions and had recently received a court claim

from BW Legal regarding it.

They tried to create an account on here tonight but could not.  Court claim was 11 days ago now (6th) so I said they need to respond

to that but not fill in anything in the defence and counterclaim box as per bargepoles thread.

Quick run down.  Her Aunt borrowed the car to go shopping, car was damaged whilst parked and they went to the security to see if there were

any cameras. Security said there was not and there was nothing they could do. This meant they stayed 30 minutes over the 3hour limit.

Decent sized shopping centre with a 6 or 7 tier multistory.

A letter was received stating they missed the initial discounted period and a £70 charge was payable. This was the first letter received

and the first the keeper and driver knew about it.

Seems this maybe a new tactic with this company, not sending the inital PCN.

Anyway they assumed this to be a scam and ignored it, 2nd letter arrived asking for £90.

I said they "MUST" respond to the claim tomorrow but leaving the defence blank to give them more time to file one.

Also told them to SAR TPS and see if they provide that elusive first PCN letter. I expect they will.

Amount being claimed £76 + £54 recover costs. £6 of which is interest which does not compute. One years interest at 8% is less than £6

so how is it £6 in just 9 months? Maybe my calculator is broken?

Amount Claimed £130, Court Fee £35, Legal rep costs £50, Total £215.

Hopefully they can join and get the job done. I have never helped anyone at the court stage before so am at a loss on this one.

Thanks.

KeithP

forgotmyname said:

...recently received a court claim from BW Legal...  Court claim was 11 days ago now (6th) so I said they need to respond

to that but not fill in anything in the defence and counterclaim box as per bargepoles thread.

Are you saying the Issue Date on the County Court Claim Form is 6th August?

forgotmyname

Yes the issue date was the 6th August.  I said they need to get that done ASAP and then get an SAR into TPS. Was i right with that?

Getting the 2nd ticket stating they missed the deadline for a discount made them think it was a scam and totally ignored it. So no appeal

was made and no request for a POPLA code either. One more PCN letter arrived and 2 by BW Legal and now the court letter.

Thanks.

Le_Kirk

What happened when they complained to the shopping centre management?  If they did not receive the original paperwork, apart from the slight (ahem) possibility that it was lost in the post, is their V5C up-to-date?

Castle

forgotmyname said:

Yes the issue date was the 6th August.  I said they need to get that done ASAP and then get an SAR into TPS. Was i right with that?

Getting the 2nd ticket stating they missed the deadline for a discount made them think it was a scam and totally ignored it. So no appeal

was made and no request for a POPLA code either. One more PCN letter arrived and 2 by BW Legal and now the court letter.

Thanks.

They will need to get the AOS done by the 25th August, which will allow them to extend the filing deadline for the defence to 8th September.

D_P_Dance

Have you complained to your MP?

forgotmyname

No complaint to the MP or to the shopping centre. They assumed it to be a scam when they received a £70 charge stating they had missed the
discount deadline.  V5C upto date, they have owned the car and lived at the same address for 5 or 6 years.

Too late to complain to the shopping centre now its almost a year later?  I will see if we can pop out that way and get some photo's of the carpark
in question and see what the signs say. They have avoided going there since.

Hopefully they filed the AOS today, I made it clear not to enter anything in the defence box. I will let them know the 8th is the next important date.
Will they be notified of this when they do the AOS?

Thanks.

Le_Kirk

forgotmyname said:

(2) Too late to complain to the shopping centre now its almost a year later?  I will see if we can pop out that way and get some photo's of the carpark in question and see what the signs say. (3) They have avoided going there since.

(1) Will they be notified of this when they do the AOS?

(1) There won't be a notification as such but it will show on their MCOL status page.  (2) It is never too late to complain, especially as the PPC have driven away the customer (3), not sure that is what they wanted when the shopping centre employed the PPC!

KeithP

KeithP said:

forgotmyname said:

...recently received a court claim from BW Legal...  Court claim was 11 days ago now (6th) so I said they need to respond

to that but not fill in anything in the defence and counterclaim box as per bargepoles thread.

Are you saying the Issue Date on the County Court Claim Form is 6th August?

forgotmyname said:

Yes the issue date was the 6th August. 

With a Claim Issue Date of 6th August, you have until Wednesday 25th August 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 Wednesday 8th September 2021 to file your Defence.

That's 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.

Of course everywhere I have said 'you' or 'your' I mean the named Defendant.

forgotmyname

Can only help with the SP1 and SP2 comments on the AOS help file?

Cannot find anything at the moment.

Thanks.

KeithP

Sorry, I don't understand the question.

What are the 'SP1 and SP2 comments' and where is this 'AOS help file' you mention?