Parking ticket from 2019 from Britannia now gone to BW LEGAL

billiemhelp

(Image removed by Forum Team)
I was wondering if anyone could help me please, I have received a claim pack before court in regards to a parking ticket received in 2019. I parked in a place you needed a permit but I have a blue badge. I stopped and got out because I had a panic attack I walked to the pharmacy to get my anxiety medication and come back to a ticket. I didn’t appeal it due to my mental health and have now got a letter saying I owe 229 and need to respond to them. It has gone to BW LEGAL, but I have only received one letter before this court pack letter. 

Please can someone help me I am a single mum and I do not have 229 just before Christmas. 

Thank you in advance for reading. 

ihatetrump

Firstly you need to edit your post and drop the claim number - BWL and others trawl these sites and they will recognize the claim number and be able to identify you.

billiemhelp

How do I edit it please? I’m so sorry I’m new to all of this. 

billiemhelp

How do I remove the post please so I can repost as I don’t have the editing option yet I’m presuming because I’m a newbie 

D_P_Dance

The claimant also claims £60 recover costs ...

They have added what appears to be an extra unlawful amount of £60  for debt collection. This amounts to double recovery and some Judges have dismissed an entire claim because of this. Read this and complain to your MP.

Excel v Wilkinson

At the Bradford County Court, District Judge Claire Jackson (now HHJ Jackson, a Specialist Civil Circuit Judge) decided to hear a 'test case' a few months ago, where £60 had been added to a parking charge despite Judges up and down the country repeatedly disallowing that sum and warning parking firms not to waste court time with such spurious claims.   That case was Excel v Wilkinson: G4QZ465V, heard in July 2020 and leave to appeal was refused and that route was not pursued.  The Judge concluded that such claims are proceedings with 'an improper collateral purpose'.   This Judge - and others who have since copied her words and struck dozens of cases out in late 2020 and into 2021 - went into significant detail and concluded that parking operators (such as this Claimant) are seeking to circumvent CPR 27.14 as well as breaching the Consumer Rights Act 2015.   DJ Hickinbottom has recently struck more cases out in that court area, stating: ''I find that striking out this claim is the only appropriate manner in which the disapproval of the court can be shown''.

https://www.dropbox.com/s/16qovzulab1szem/G4QZ465V%20Excel%20v%20Wilkinson.pdf?dl=0

However, a VCS appealed this so it may not apply in all cases, read this

https://www.dropbox.com/s/ntksx9g7177ahyg/VCS v Percy v1 Amendments (2).pdf?dl=0Also read this

https://forums.moneysavingexpert.com/discussion/6279348/witness-statements-2-transcripts-re-parking-firms-false-costs-recorder-cohen-qc-judgment-2021/p1

Also consider complaining to The SRA about the solicitor. They are full aware of the unlawful nature of this addition yet persist in adding it.

https://www.sra.org.uk/consumers/problems/report-solicitor/

KeithP

With a Claim Issue Date of 25th November, you have until Tuesday 14th December 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 Wednesday 29th December 2021 to file your Defence.

That's nearly 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.

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'.

KeithP

ihatetrump said:

Firstly you need to edit your post and drop the claim number - BWL and others trawl these sites and they will recognize the claim number and be able to identify you.

Yes, with your Claim Number showing and your MCOL password clearly on display, the way is clear for anyone to file a 'Defence' on your behalf.

Send an email now to forumteam@moneysavingexpert.com asking them to delete the image from your opening post.

Do that now as I don't think MSE Forum Team work outside usual office hours.

billiemhelp

Thanks I have emailed them and I can not edit I have tried I do not have access to the cog. I do not think I will be able to do all of this due to my mental health and I currently have ovarian cancer. I haven’t got the right head to do it and have no one to help. So looks like I’m going to just have to try and pay it. It’s all very confusing and I’m sorry for wasting your time. I appreciate the advice but I am unsure how to put it into action. 

billiemhelp

The image has been removed I emailed and reported my own post thanks 

KeithP

billiemhelp said:

The image has been removed I emailed and reported my own post thanks 

Well done on achieving that so quickly.
Sit back and breathe a sigh of relief.

Unfortunately there are people who visit this forum who don't have the same objectives and will try anything to thwart our tactics.

The next bits are quite straightforward.
Start by reading my 4:41pm post above.

billiemhelp

Thank you so much Keith I am reading it now, so accept acknowledgment online with my claim ref and password, then build a defence based around the extra £60 charges which go against regulations of the consumer act of 2015? I am reading all the threads now. Thank you so much