BW Legal - NCP several tickets, Claim Form received, AoS done

GreatDriver

KeithP said:

GreatDriver said:

And also:
SAR - did I miss that point doing already AoS or shall I do it after submitting the defence once it's ready?

But you said earlier that you filed an Acknowledgment of Service on 20th October and MCOL shows it as received on 21st October.
Is that not right?

Send a Subject Access Request anytime you like. The response will be far more useful at Witness Statement time anyway.

Yes, I did indeed, that is correct - I filled an AoS on 20th. I understand now - SAR is for stage LBC (Letter before claim). And I received many letters from them so far so not sure if sending SAR makes a difference now - I don't want to look like I'm making pointless noise later in front of the Court.

GreatDriver

KeithP said:

With a Claim Issue Date of 5th October, and having filed an Acknowledgment of Service in a timely manner, you have until 4pm on Monday 8th November 2021 to file your Defence.

That's a little over a week 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 at the second post in the NEWBIES thread.

Don't miss the deadline for filing a Defence.

Do not try and file a Defence via the MoneyClaimOnline website. Once an Acknowledgment of Service has been filed, the MCOL website should be treated as 'read only'.

8th is not to late? I thought after filling AoS it extends 4 weeks starting from 5th (date of issue Claim Form - without extra 5 days added for date of service) - I see now , I was wrong. Day of service is 5th day after starting from the following day (6th) - it seems for me like 7th is the last day, which is weekend anyway, so maybe I will do it on Friday 5th of Nov? 
Or weekend works fine for sending it? so 7th of Nov (Sunday) would be ok?

GreatDriver

KeithP said:

Was this on railway property?

If so then it is probable that any driver's liability cannot be transferred to the keeper.

Yes it is railway property, I spoke to someone who works there and found out its external body managing it. 
Not sure about transferring liability. How would this help. Shall I not state in defence I was a driver? 

KeithP

GreatDriver said:

KeithP said:

With a Claim Issue Date of 5th October, and having filed an Acknowledgment of Service in a timely manner, you have until 4pm on Monday 8th November 2021 to file your Defence.

That's a little over a week 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 at the second post in the NEWBIES thread.

Don't miss the deadline for filing a Defence.

Do not try and file a Defence via the MoneyClaimOnline website. Once an Acknowledgment of Service has been filed, the MCOL website should be treated as 'read only'.

8th is not to late? I thought after filling AoS it extends 4 weeks starting from 5th (date of issue Claim Form - without extra 5 days added for date of service) - I see now , I was wrong. Day of service is 5th day after starting from the following day (6th) - it seems for me like 7th is the last day, which is weekend anyway, so maybe I will do it on Friday 5th of Nov? 
Or weekend works fine for sending it? so 7th of Nov (Sunday) would be ok?

The back of your County Court Claim Form tells you:

Note the lasts sentence there - "The day of service is taken as 5 days after the issue date shown overleaf".

It goes on to say:

This is confirmed in the Money Claim Online (MCOL) - User Guide, which also explains that a Defence is never due on a non-working day.

On page 14 of that document it says:

How long does the defendant have to respond to my claim?

The court will send out a claim pack to each defendant once the claim has been issued and allows 5 calendar days from the date of issue for the service of the claim. Therefore the 'date of service' is the 5th calendar day after issue.

The defendant has 14 calendar days from the 'date of service' to file a response. If the last day for filing the response falls on a day that the court is not open (i.e. a weekend or public holiday), the court will allow the next full working day for a response. The defendant can extend the time to respond to 28 calendar days by filing an acknowledgment of service (AOS).

KeithP

GreatDriver said:

KeithP said:

Was this on railway property?

If so then it is probable that any driver's liability cannot be transferred to the keeper.

Yes it is railway property, I spoke to someone who works there and found out its external body managing it. 
Not sure about transferring liability. How would this help. Shall I not state in defence I was a driver? 

Do not state anywhere that you were the driver.

You are Defending this Claim as the vehicle's keeper.

GreatDriver

KeithP said:

GreatDriver said:

KeithP said:

Was this on railway property?

If so then it is probable that any driver's liability cannot be transferred to the keeper.

Yes it is railway property, I spoke to someone who works there and found out its external body managing it. 
Not sure about transferring liability. How would this help. Shall I not state in defence I was a driver? 

Do not state anywhere that you were the driver.

You are Defending this Claim as the vehicle's keeper.

This is so much of truth indeed.
"The Claim is for the sum of xxx being due from the Defendant in respect of x Parking Charge Notices for contractual breaches which occured between xx/08/2019 and xx/10/2019 on private land operated and managed by Claimant in relation to vehicle with registration mark xxx.
The land is privately owned and the Claimant operates and enforces a parking management scheme. The defendant is believed to be responsible for vehicle when the contractual breaches occurred.
Despite demands, the charges remain unpaid.
(...)
statuatory interest  ... 8%
... also includes xxx recovery costs...

Coupon-mad

KeithP said:

GreatDriver said:

KeithP said:

Was this on railway property?

If so then it is probable that any driver's liability cannot be transferred to the keeper.

Yes it is railway property, I spoke to someone who works there and found out its external body managing it. 
Not sure about transferring liability. How would this help. Shall I not state in defence I was a driver? 

Do not state anywhere that you were the driver.

You are Defending this Claim as the vehicle's keeper.

Hmmm...not sure about that in this case.

He's a taxi driver, so unless the car is used by others at the station, this OP would be better forgetting the POFA issue and defending as an honest witness, as a taxi driver who was not 'parked' but collecting or dropping off a fare.

But he also needs the rest of the template defence as well.

GreatDriver

Coupon-mad said:

KeithP said:

GreatDriver said:

KeithP said:

Was this on railway property?

If so then it is probable that any driver's liability cannot be transferred to the keeper.

Yes it is railway property, I spoke to someone who works there and found out its external body managing it. 
Not sure about transferring liability. How would this help. Shall I not state in defence I was a driver? 

Do not state anywhere that you were the driver.

You are Defending this Claim as the vehicle's keeper.

Hmmm...not sure about that in this case.

He's a taxi driver, so unless the car is used by others at the station, this OP would be better forgetting the POFA issue and defending as an honest witness, as a taxi driver who was not 'parked' but collecting or dropping off a fare.

But he also needs the rest of the template defence as well.

So is the basic template from 2020 6th of April still ok here? Just need to explain it is part of taxi job to hang around the area a bit longer?

Is it what you are saying?

Or do I need to use different template?

GreatDriver

I sent a letter to BW legal I used the car in that period as a taxi. But in the claim it doesn't state exact days or times of parking. So it looks like my defence will be very shallow also - general statements 'it is possible it happened I was on the exit few minutes after the deadline but I always keep an eye on realistic time of parking' etc. Moreover the camera doesn't record you driving around finding place to stop, neither waiting in a queue behind cars trying to find a space or exit. It means the grace period 5minutes is not sufficient if you physically park for 20 minutes after the struggle. It's a one-way system and leaving in busy periods takes sometimes ages. Does it sounds alright to put in the defence template?

Coupon-mad

Yes, sounds very reasonable to add to the template as point #3.  Change point #2 to admit to being the driver of the taxi mentioned in the particulars of claim.