BW Legal County court claim

CaH27

Hi

Hope you are all doing well.

I received a parking ticket in February 2016. It was my girlfriends birthday and we had been out for the day shopping, on the way back we popped into a pub to see her granddad for a bit.

I parked the car in a small car park of only 8/10 spaces. It was late evening in February and was dark but noticed a small sign on the side wall of the pub we was visiting her granddad in. I was under the belief that this was for the customers of the pub as the sign was placed on their side wall.

However, I received a ticket for "parking without valid ticket/permit" from Vehicle Control Services, there was no ticket machines to buy a ticket.

Next to the pub is 3/4 small retail shops, one including a dominos which was the only other place open besides the pub at that time.

The sign didn't specify where you had to be a customer and no signs on entering the car park.

I did email BW Legal when I received a threatening letter to let them know of the misleading signs and that I would not be paying or engaging in anymore communication with them. They didn't reply specifically to my email but continued with the letters from DCB legal/BW legal which I would ignore.

I have now received a County Court claim so am now in a position where I need to do something about it.

Since the email they have now fitted signs individually for each parking space which retail shop the space is reserved for, which adds to my argument of the signs being misleading! I have google Street images as proof of when the signs were installed after I received the ticket.

They have also added the £60 debt recovery charged, which scanning through other threads on this site is an abuse of process.

Also, on the county court claim letter they have put the date as 02/12/2016 which would mean 2nd December rather than 12/02/2016 which would be the date.

The anxiety this has put on me and my girlfriend of going to court is horrible! I would like to defend myself but don't know where I begin or when to do things, I am right at the start after just receiving my County court letter.

Any help would be greatly appreciated.

KeithP

Hello and welcome.

What is the Issue Date on your County Court Claim Form?

D_P_Dance

If the sign was unlit they may struggle if they take this to court.  Have you read the newbies?  Have you complained to your MP?

CaH27

Issue date was 16th August.

I have not complained to my MP. I am off work tomorrow so intend on having a read through the newbies section properly and getting to grips with the abbreviations haha.

CaH27

To add, the sign was and still is unlit.

D_P_Dance

Then they may struggle. 

KeithP

CaH27 said:

Issue date was 16th August.

With a Claim Issue Date of 16th August, you have until Monday 6th September 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 in a timely manner, you have until 4pm on Monday 20th September 2021 to file your Defence.

That's four 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.

CaH27

Thanks KeithP I will take a look through that.

First thing would be to file an AoS then contact VCS with a SAR?

Coupon-mad

Yes. You won’t be going to court, cases are done by phone now and that’s likely to continue.

And as you are off tomorrow please do the 2 things I keep posting about, before they are closed!  Really important two threads to read, see my replies all over the forum.

You will kick yourself if you miss the window this week for either the Government Consultation or the Group Action.

The MHCLG are asking the public about the level of parking charges and the fact PPCs add fake costs. I imagine you will have an opinion about that... closes Friday morning.

Also see the Group Claim thread if your PCN was since December 2018.  

A solicitor is looking to represent victims on a no win no fee basis v the DVLA.

Both are threads on page 1 or 2 right now, both in your interests to do this week!

CaH27

Good evening all.

AoS has been completed today and SAR sent.

I have already started to gather photographs and evidence.

Is there anything to do in the mean time?

Would my arguments be:
Poor lighting/no signage on entering.
Misleading signs (as they were posted on the property of the pub)
Double recovery/abuse of process.
Anything else? Just so I can gather the evidence for each bulletpoint.

Thanks.

Coupon-mad

You will be submitting your defence before the deadline but don’t need evidence yet, as none goes with the defence.

how did you get on with the consultation today, and registering for the DVLA group action got possible compensation if the case is won?

both threads are on page 1 right now.