Notice of intention to proceed

Melissa93123

I am really sorry for making a post about this, I am literally at my wits end and struggling so bad with my anxiety as I sit here and type this so I really apologise if there is already a thread about this, but I cant find anything that will help me and if anyone knows where I can get some help please point me in the right direction, I am literally so upset and done with all of the stress this is giving me. 

I have received a notice of intention to proceed to court from BWLegal. 
I want to know how to fight my case and what leg i have to stand on, if any. 

I parked in a private car park and "failed to comply with the terms and conditions, as displayed".. basically i entered only the last three digits of my vehicle registration when trying to pay for my ticket and because they are ANPR cameras it wasnt picking up my car because i hadnt entered the whole registration. So i purchased a ticket that covered me from 1pm - 2pm, i now know that i was actually parked there from 12:44-1:47. So i did pay for an hours parking time, but i just couldnt remember exactly when id entered the car park and then they sent me a parking charge notice. i appealed it to popla and lost but continued to fight them up until the other day when i entered my defence and received a letter a couple days later telling me they still want to take me to court.

is there anything i can do to fight this? if anyone out there can give me any advice on this kind of case please please please help me. 

and again, im sorry if there is a thread that is similiar to my situation, i havent been able to find anything, and im now at a loss and doing the last resort. 

thanks in advance

outwestuk

First option is to approach the landowner (not the carpark company) with your case. These are often cancelled

Le_Kirk

Well, it seems like everything is progressing as it normally would.  Have you received a court claim form (N1) from Northampton CCBC?  If so, date of issue please.  Did you submit your defence by e-mail as per the instructions in the NEWBIE sticky?  The claimant will have received a copy of your defence and will have had 28 days to decide to proceed or not.  This is where you are now.  You should expect a N180 (Directions Questionnaire) soon.  All laid out for you in the Know what happens and when section in the NEWBIE sticky second post.

Redx

If you have a live court claim , then it's as described above and you have done the correct thing by posting on here , but not enough information yet !

Read the 12 numbered steps in the defence template thread by coupon mad , plus the Bargepole guide to what happens when linked in the newbies FAQ sticky thread near the top of the forum in announcements

Plus answer the questions above , plus email a SAR to the DPO at the parking company if you haven't already done it

Name the parking company ?

Tell us the issue date from the claim form ?

Confirm that you have filed a defence with the CCBC ?

What does your MCOL claim history say ? ( Copy and paste it below )

Post a redacted copy of your defence below ( the defence that you submitted to the CCBC )

Melissa93123

The parking company is Britannia Parking, the issue date of the claim form is 07/10/2021, i did submit a defence online to www.moneyclaim.gov.uk, which the recovery company BWLegal then replied  on the 14th october saying they are intending to proceed to court and are prepared to give me till the 28th october to pay the claim in full. 

CLAIM HISTORY

A claim was issued against you on 07/10/2021

Your defence was submitted on 11/10/2021 at 09:11:45

Your defence was received on 11/10/2021 at 12:04:35

defence i submitted:

Defence

1. The Defendant denies that the Claimant is entitled to relief in
the sum claimed, or at all.
2. The Defendant was the driver of the vehicle on the material
date that the vehicle was driven.
The facts as known to the Defendant3. I paid for my parking
ticket, due to bad weather the screen on the parking ticket
machine was wet and reflecting light and was difficult to see and
as someone who suffers with a anxiety disorder this was a trigger
for me. I typed in my registration number but it only registered
my last three digits, this is not my fault, I did pay for the time
I was in the car park as this is shown on the snapshots of me
entering and leaving the car park. At no point was this an attempt
to not pay for my stay or to purposely ignore any instructions.
There is no loss for the Claimant to claim for as I paid for my
time in the car park. I have never felt so victimised by a parking
company and have suffered greatly with my anxiety around this
matter. I do not believe that I am at fault and do not agree that
I should pay 255.54 for an hour in a car park that I already paid
for. Its quite unbelievable that this is allowed to escalate this
far for someone who has paid for their ticket. The claim contains
a substantial charge additional to the parking charge, which it is
alleged that I am contracted to pay. The additional charge is not
recoverable under the Protection of Freedoms Act 2012. It is an
abuse of process for the Claimant to issue a knowingly inflated
claim for additional sums which they are not entitled to recover.
It is being used as a penalty rather than a recovery of loss and
therefore is unenforceable by law. The reality is that the
Claimant have not once explained their legal authority to add
costs. They are in denial of POFA2012, they are in denial of the
Supreme court ruling 198, they are in denial of the S71 2 of the
Consumer Rights Act 2015 and they are in denial of the Court's own
ruling regarding double recovery.
4. The Claimant is not entitled to the sums claimed.
Schedule 4 of POFA 2021 states that there is a limit to the amount
that can be claimed.
Right to claim unpaid parking charges from the keeper of the
vehicle.
5. The maximum sum of which may be recovered from the keeper by
virtue of the right conferred by this paragraph is the amount
specified in the notice to keeper under paragraph 82c or d or, as
the case may be, 92d less any payments towards the unpaid parking
charges which are received after the time so specified.
Therefore, the Claimant is not entitled to claim any of the
following sums1. Damaged can not be claimed
2. Debt recovery costs
3. Admin costs
4. Interest payments
The Claimant's Approved Operator Scheme is based on POFA 2012 and
is not the law, therefore if there is conflict between the law and
the AOS, the law prevails. The Claimant is therefore required to
provide the court with compliant Notice to Driver or Notice to
Keeper which meets the strict requirements of POFA 2012. The only
amount that can be claimed from the keeper or driver is the
amount on the notice, less any interest, damages, admin costs or
debt recovery costs.
6. In the matter of costs. If the claim is not stuck out, the
Defendant seeks:
1. Standard witness costs for attendance at Court
Statement of Truth
I believe that the facts stated in this Defence are true.
Melissa
11/10/2021.

Melissa93123

outwestuk said:

First option is to approach the landowner (not the carpark company) with your case. These are often cancelled

how would i go about doing this, as ive searched google and the only thing i can find is the land registry website, is this what i use? many thanks

Melissa93123

i did also request a sar much earlier in the year 

Melissa93123

thank you for taking the time to respond, im just going to read the thread you suggested now

nicestrawb

I'm not as qualified as others here but to set your mind at ease, imo if they take you to court, and they might, they will lose (I think it more likely they will push it all the way and then drop it just before the hearing). They are bullies and chancers, nothing more.
If you have proof of payment that could be crucial...

Melissa93123

nicestrawb said:

I'm not as qualified as others here but to set your mind at ease, imo if they take you to court, and they might, they will lose(I think more likely they will push it all the way and then drop it just before the hearing). They are bullies and chancers, nothing more.

Thank you, they really have got me so upset and angry, i am so nervous about going to court, i have never done anything like that before and literally am shaking writing this as im frantically trying to find out how to defend myself, from what ive gathered i now wait for their next letter the N180 i believe. but it just makes me mad that they can pick on people like this, i could literally cry thinking about it all. so bloody stressful.

nicestrawb

You're not alone, don't worry. I've been there and came out on top in the end. I can say first hand that it was incredibly stressful but towards the end I actually started enjoying myself because it was clearly a joke and when they finally dropped it the feeling was immensely satisfying. The only downside was that I never got to see them humiliated in court! If it does go to court, don't forget, you're not on trial. It's a dispute and you're angry....