County Court Business Centre

PrinceRaygun

I received a letter well over a year ago for £60 from Premier Park LTD saying I had violated their parking restrictions on 14/04/2018 when I want to deliver a friend of mine breakfast on my way to work. They were ill and I never set foot inside their house. As soon as I did this I returned to my car all within five minutes and left. During that time (this was about 7am, the business who owned the car parking spaces opens ay 9am) someone had taken a photo of my car with a digital camera and passed it to this company. I have written to them explaining this, the minuscule amount of time I left the car. Whoever had taken this photo MUST have seen how little time I spent there and still decided they wanted to get me fined. 
Today I have receivred a letter from Country Court Business Center  as BW Legal are claiming against me for £271 !!!!!! 

Have just been reading this 

13 Grace periods

13.1 Your approach to parking management must allow a driver who enters your car park but decides not to park, to leave the car park within a reasonable period without having their vehicle issued with a parking charge notice.

13.2 You should allow the driver a reasonable ‘grace period’ in which to decide if they are going to stay or go. If the driver is on your land without permission you should still allow them a grace period to read your signs and leave before you take enforcement action.

13.3 You should be prepared to tell us the specific grace period at a site if our compliance team or our agents ask what it is.

13.4 You should allow the driver a reasonable period to leave the private car park after the parking contract has ended, before you take enforcement action. If the location is one where parking is normally permitted, the Grace Period at the end of the parking period should be a minimum of 10 minutes.



can anyone please help me with this. how is it these scammers get away with doing this kind of extortion! 

Redx

Post the issue date from the claim form below

How long was the vehicle on site ? The NTK PCN will have the details 

The government is changing it from next year , next summer , so we have been pushing for it for years , looks like you haven't , I doubt that you have even complained about the topic to your MP !!

Did you not watch the big parking con last Thursday on channel 5 ?  🤔🤔🤔

PrinceRaygun

issue date is 03 December 2021, but it was delivered to me on Saturday.

No I dont watch the TV but I will give that a watch. 

it was well under ten minutes. I dropped a bacon sandwich to a mate of mine, had a chat at the doorstep and returned to my car and left. 

Le_Kirk

As soon as I did this I returned to my car all within five minutes and left. During that time (this was about 7am, the business who owned the car parking spaces opens ay 9am) someone had taken a photo of my car with a digital camera and passed it to this company. I have written to them explaining this, the minuscule amount of time I left the car. 

Was it five minutes or a miniscule amount of time?

it was well under ten minutes. I dropped a bacon sandwich to a mate of mine, had a chat at the doorstep and returned to my car and left. 

or was it "well under ten minutes"?  You need to get your story straight!

issue date is 03 December 2021, but it was delivered to me on Saturday.

Now we know this, one of the regulars @KeithP will be along to give you your deadline for AoS, defence and a link to the defence template.

KeithP

PrinceRaygun said:

issue date is 03 December 2021, but it was delivered to me on Saturday.

With a Claim Issue Date of 3rd December, you have until Wednesday 22nd 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 5th January 2022 to file your Defence.

That's over three 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'.

PrinceRaygun

Le_Kirk said:

As soon as I did this I returned to my car all within five minutes and left. During that time (this was about 7am, the business who owned the car parking spaces opens ay 9am) someone had taken a photo of my car with a digital camera and passed it to this company. I have written to them explaining this, the minuscule amount of time I left the car. 

Was it five minutes or a miniscule amount of time?

it was well under ten minutes. I dropped a bacon sandwich to a mate of mine, had a chat at the doorstep and returned to my car and left. 

or was it "well under ten minutes"?  You need to get your story straight!

issue date is 03 December 2021, but it was delivered to me on Saturday.

Now we know this, one of the regulars @KeithP will be along to give you your deadline for AoS, defence and a link to the defence template.

five minutes is well under ten minutes, the minimum time for a grace period , and in my opinion a minuscule amount of time to be getting charged £271. I haven't contradicted myself. 

Coupon-mad

It's fine, we are helping you get it clear in the defence.  We are on your side 100%, this was predatory and unfair ticketing and the Judge will be with you, in our experience.

Just see the above reply for how easy it is to throw a defence together using our template.  You are about a third of the way there, once you've done that.

But pleeease read the first post of the Template Defence thread as well as grabbing the template, and mote the 12 steps because people keep asking stuff about DQ N180 stage that is there already and we get overloaded here.

Le_Kirk

PrinceRaygun said:

Le_Kirk said:

As soon as I did this I returned to my car all within five minutes and left. During that time (this was about 7am, the business who owned the car parking spaces opens ay 9am) someone had taken a photo of my car with a digital camera and passed it to this company. I have written to them explaining this, the minuscule amount of time I left the car. 

Was it five minutes or a miniscule amount of time?

it was well under ten minutes. I dropped a bacon sandwich to a mate of mine, had a chat at the doorstep and returned to my car and left. 

or was it "well under ten minutes"?  You need to get your story straight!

issue date is 03 December 2021, but it was delivered to me on Saturday.

Now we know this, one of the regulars @KeithP will be along to give you your deadline for AoS, defence and a link to the defence template.

five minutes is well under ten minutes, the minimum time for a grace period , and in my opinion a minuscule amount of time to be getting charged £271. I haven't contradicted myself. 

What I was pointing out was that you need to be consistent.  The judge might not take a benevolent view of the differences.

PrinceRaygun

just received this back from them..


Good morning,

We write in reference to your email 14 December 2021. 

 

Response

 

You have referred to the debt pre-action protocol. Please note, we sent a letter of claim fully compliant with the debt pre-action protocol on 20 September 2021 allowing you until 20 October 2021 to respond, which you failed to do.

 

A County Court Claim form was issued on 3 December 2021 and deemed served 8 December 2021. As a claim has been issued, your reference to the pre-action protocol is irrelevant. 

 

Whilst we note your comments that you have raised a Subject Access Request (SAR) with our client, it is important to note that a SAR does not affect the validity of our client’s claim meaning that our client has an overriding legitimate interest to recover the sums due to them. As such, your account will not be suspended from further legal action unless we are instructed to do so by our client.

 

Further, as no response has been received to the Claim form, our Client is now at liberty to request a County Court Judgment (CCJ) be entered against you.  

 

What You Need To Do Now

 

Our Client still wants to work with you in order to resolve this matter however this is contingent on you contacting us by calling us on 0113 487 0430 by 4 January 2022 to arrange payment or set up an appropriate payment plan. Please be advised that if no payment plan is setup then our Client may request a CCJ.

 

If you are in any doubt about the content of this letter and/or require guidance/assistance on clearing the balance due to financial difficulties, we would advise you to seek free advice, details of which can be found on the reverse of this letter, alternatively you can obtain legal advice from a Solicitor.

 

Manage Your Account Online

You can manage your account online by visiting our website www.bwlegal. and clicking on the customer login link to set up your account online. Our customer portal provides you with the functionality to speak to us by webchat, or make a payment.

 

We look forward to hearing from you.

 

Yours sincerely

 [Removed By Forum Team]

Junior Paralegal

KeithP

PrinceRaygun said:

Further, as no response has been received to the Claim form, our Client is now at liberty to request a County Court Judgment (CCJ) be entered against you.  

So it looks like you didn't bother to file an Acknowledgment of Service.
Why is that?

Ten days ago, on 13 December at 4:11PM, I wrote on your thread... 

With a Claim Issue Date of 3rd December, you have until Wednesday 22nd 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.

You are now too late to file an Acknowledgment of Service.

Your only hope is to file a Defence today... NOW... Before 4pm.

You are now in a race.
If the Claimant seeks a Default Judgment before a Defence is filed, then it's game over - you lose.

On the other hand, if you file a Defence before the Claimant wakes up then you win this heat and go through to the next round.

Coupon-mad

Surely you acknowledged the claim and submitted that AOS?

Don't tell us you sent a SAR to the PPC and an email that you should not have sent, to the law firm?  If you didn't do the AOS then grab the template defence right now!