county court claim Britainia parking/BW Legal

breakerm

Redx said:

breakerm said:

KeithP said:

breakerm said:

I've tried doing the SAR but it isn't letting me respond to a claim ill try again tommorow.

What is 'it' that isn't letting you respond?

A Subject Access Request is an email sent to the parking company's Data Protection Officer.

breakerm said:

I received a county court claim dated 25th November from BW legal on behalf off Britannia parking for a PCN that i received in jan 2020.

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'.


If you have heard nothing in the last year before the Claim Form, you need to check the keeper's address details on the vehicle's Registration Document (V5c). A possible £1000 fine (a real fine) awaits if that's not kept up to date.

sorry my mistake what isn't working is the AoS on MCOL it is coming up with claim number and password incorrect.

the car isn't registered to my name anymore as I have transferred it over to my partner so she is the registered keeper now.
would that make any difference?

You need to phone the CCBC on Monday to try and get the login fixed , so email the AOS form as an attachment and ask the CCBC to log it on Monday , in case the online doesn't get fixed

Start doing the other tasks too , asap , after reading the post by KeithP

I can log into MCOL fine its just when I try to respond to a claim with claim no and password that when that issue comes up

Coupon-mad

So you need to tell the CCBC that, on Monday.

Don't post the acknowledgement due to Xmas post delays.  Ask if you can email it or can they reset the password.

D_P_Dance

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. If one is involved They are full aware of the unlawful nature of this addition yet persist in adding it.

https://www.sra.org.uk/consumers/problems/

breakerm

D_P_Dance said:

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 If one is involved They are full aware of the unlawful nature of this addition yet persist in adding it.

https://www.sra.org.uk/consumers/problems/

is there a letter template that I can send to the MP?

KeithP

breakerm said:

D_P_Dance said:

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 If one is involved They are full aware of the unlawful nature of this addition yet persist in adding it.

https://www.sra.org.uk/consumers/problems/

is there a letter template that I can send to the MP?

No.

Most MPs will spot a template a mile off and throw it straight in the bin.

D_P_Dance

This may help.

https://www.theguardian.com/money/2010/feb/18/how-to-complain-effectively-complaints-procedure

breakerm

so phoned the CCBC they said they can't do anything about the password . 

tried MCOL and they said the same and that I have to email the dispute on email....

Coupon-mad

Yes, but we always email our defences so that will be no different. 

As for the acknowledgement (needed more urgently) email that form during working hours and check it is received.

breakerm

so this morning I received a letter from bwlegal.....

telling me as you aware you have received a claim against me......but good news its not too late to get in touch and set up a payment plan. 

with the warning about if you defend the claim and lose there will be extra costs and fees incurred which they would seek to recover from me if they are successful.

can they do this and is it lawful?

D_P_Dance

The normal pay out in a lost claim is c@ £200.  Do not believe a word these people say  Have they added an unlawful extra £60 for debt collection?