Claim Form BW Legal

Guidance1

Coupon-mad said:

We have certainly seen cases like this before and they've been won or the PPC discontinued.

Your answer to the idea that it is your responsibility to make sure you paid for the right car park is that you made all reasonable endeavours to make sure you did.

The issue is, the Claimant has liaised with its phone payment provider without checking that there is already a car park with a similar name, and thus the doctrine of contra proferentem applies and the contract offered by phone was ambiguous.  The Consumer Rights Act 2015 applies, in that ambiguous terms and consumer notices shall be interpreted to favour the consumer.

It would have been easy to differentiate it clearly with an extra word or descriptor in the app as a subtitle, or even the claimant parking firm's 3 digit acronym 'NCP' coming up on the app but no such efforts were made to draw the right car park to a drivers' attention as opposed to the 'wrong' one.  The Claimant must be making hundreds of pounds per week extra due to this ambiguity and has no incentive to sort it out, which can't possibly pass the tests of transparency and fairness in the CRA 2015.

Your answer to the address issue is to explain your circs at the time but also point out to any court that the Claimant's agent had no trouble tracing you and a trace costs from 29p for bulk Credit Reference 'soft traces' with Experian

Having done so, and knowing then that the motorist had been offered no ADR (appeal) it was unfair and contrary to the pre-action protocol NOT to offer appeal.

POPLA codes can be and are given at ANY time in pre-action phases and yet NCP arbitrarily decided not to offer ADR despite it being available, for want of a ten digit code.  And they/their agents knew you hadn't had that opportunity because they found you had moved.  So, they knew that the earlier letters were not served, and should have been fairly re-issued, given the cost of tracing you was negligible and a trader has a duty to make consumers aware of any available ADR.  And the courts expect it of traders.

Hello again, hope you and everyone in the forum is keeping well! Just wanted to update you on the case and if possible request further guidance on this last stage. Was Defence was logged and I now have a court date set for 25th March.

BW Legal have sent me a letter this morning offering me a 25% discount (£259.20 to £194.40) with option of pay monthly which I have to respond to by 18th February. As I understand it, they have to pay court fees 4 weeks before the hearing.

Im not going to pay, but was wondering if you have any last minute advice? Ideally I would rather not go to a hearing, but I genuinely feel like this is an unfair claim. My defence is built around the ambiguity with car park naming and I also feel it's unfair I didn't get offered an appeal opportunity (albeit, because letters were sent to an old address). 

Any advice as to whether I should or shouldn't respond to BW Legal or do I just deal with the court? And any tips for on the day? It's only a maximum of one hour slot. Any idea how much it will cost me if I lose? Thanks again for all your help with this, will be a bg weight lifted when it's over.

Coupon-mad

Don't respond.  Normal stuff from BW.

Do your WS and evidence by the court deadline!  Carry on, no wobbling now.  Be confident.

If you lose it's LESS than the claim because, whilst a £25/£35 hearing fee would be added, the false £60 add-on wouldn't get past most judges.

'Hearing tips' is already a section in the NEWBIES thread...

Guidance1

Coupon-mad said:

Don't respond.  Normal stuff from BW.

Do your WS and evidence by the court deadline!  Carry on, no wobbling now.  Be confident.

If you lose it's LESS than the claim because, whilst a £25/£35 hearing fee would be added, the false £60 add-on wouldn't get past most judges.

'Hearing tips' is already a section in the NEWBIES thread...

Thanks again Coupon-mad!

I submitted my WS and evidence to both the Court and BW Legal. I was of the understanding that BW Legal had to send me a copy of their WS but I've received nothing, is that normal? didn't think they was allowed to use any evidence at the hearing without me seeing it first.

They have paid the court fees, I emailed the court earlier to check. 

Staying positive, but would be lying if I said I wasn't slightly nervous. 

forgotmyname

Wow, helping someone with the same company and the dates are so close.  Fingers crossed the DOUBLE RECOVERY pushes
them to just give in but we have several other avenues for our defence.  Your thread so I will not go into details.

Expecting their paperwork on the last day, or they post on/near the last day if that is allowed?

Good luck to you and fingers crossed that we do not join the 1% club.   PS. yes had several offers of discounts which were
still extortionate. Gamble and ride it to the end.

Guidance1

forgotmyname said:

Wow, helping someone with the same company and the dates are so close.  Fingers crossed the DOUBLE RECOVERY pushes
them to just give in but we have several other avenues for our defence.  Your thread so I will not go into details.

Expecting their paperwork on the last day, or they post on/near the last day if that is allowed?

Good luck to you and fingers crossed that we do not join the 1% club.   PS. yes had several offers of discounts which were
still extortionate. Gamble and ride it to the end.

Thanks you too! From the court letter it noted you should receive their paperwork a minimum of 4 weeks before, but I haven't received anything so can only assume they don't intend to use new evidence? Not that I've seen any evidence in the first place. 

It's been radio silence since Jan so just waiting game now until the hearing date. Yeah I'll be seeing it out, I suspect they have hundreds of these cases lined up across the country - robbers. I wouldn't mind if I deliberately didn't pay, but I did. Just in the wrong car park.

forgotmyname

N157 Form states paperwork to be delivered to all parties at least 14 days before the hearing date so
you should expect stuff soon.

Cat and mouse on who sends theirs at the last minute and not to go over the time limit. If you send yours early
it gives them a little more time to find evidence that contradicts your evidence.

Guidance1

forgotmyname said:

N157 Form states paperwork to be delivered to all parties at least 14 days before the hearing date so
you should expect stuff soon.

Cat and mouse on who sends theirs at the last minute and not to go over the time limit. If you send yours early
it gives them a little more time to find evidence that contradicts your evidence.

Thanks for confirming, I must have read it wrong. I sent it to them a month before the hearing! Hopefully they don't pull out a blinder that contradicts everything I've said. Although Im expecting it will be fairly generic.... I hope

Coupon-mad

Generic, from BW Legal?  Yes.  Here is what you will both get:

https://forums.moneysavingexpert.com/discussion/comment/79028355#Comment_79028355

forgotmyname and @Guidance1, do you both know that debt recovery costs were banned last month by the DLUHC?  Read these links and info and if not in your Witness Statements, you need to be able to voice this news at your hearings and quote the Ministerial Foreword to the new statutory Code, which is a clear steer for the courts not to allow added costs 'designed to extort money from motorists':

https://forums.moneysavingexpert.com/discussion/comment/79033847#Comment_79033847

Never mind arguing it's double recovery!  That's still true but the argument is now backed by the Government.

HTH

forgotmyname

Guidance 1,  BW pack received (as late as they could)    and as Coupon-mad posted the 1st link They said the WS is a copy/paste 
template from this forum which is way beyond the knowledge of us thickies. 

They said something similar. Ironic they searched this forum while creating their template?  

Coupon-mad

They don't like us much.  I am not expecting Christmas cards this year from the industry (not that I ever did)!