BW Legal Napier Parking PCN

Coupon-mad

Then you need to spell that out at LBC stage (again, even though you did at appeal stage).  The more you spell out the issue now, in writing (email) the better you will look later in the court phase.

cearley02

Hi all,

I posted on this forum (this thread contains all information) in December 2021 in regard to a PCN I received from Napier Parking in June 2021. I emailed them back and forth for a while and put forward my argument (as advised). However, after over a year of silence from BW Legal, I have recently been receiving emails threatening court action and have just received a Court Claim Form in the post. Although the form itself looks rather dodgy (with pixelated stamps etc), I wanted to ask for anyone’s opinion on my course of action. They are asking for £260 which, as a student, I really can’t afford!

any help would be greatly appreciated. 

The issue date of the claim form is 21/08/23

KeithP

cearley02 said:

The issue date of the claim form is 21/08/23

With a Claim Issue Date of 21st August, you have until Monday 11th September to file an Acknowledgment of Service.  Do not file an Acknowledgment of Service before 26th August, but otherwise there is nothing to be gained by delaying it. 

To file an Acknowledgment of Service, follow the guidance in the Dropbox file linked from the second post in the NEWBIES thread.

Having filed an Acknowledgment of Service in a timely manner, you have until 4pm on Monday 23rd September 2023 to file your Defence.

That's over 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 guidance.

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'.

cearley02

KeithP said:

cearley02 said:

The issue date of the claim form is 21/08/23

With a Claim Issue Date of 21st August, you have until Monday 11th September to file an Acknowledgment of Service.  Do not file an Acknowledgment of Service before 26th August, but otherwise there is nothing to be gained by delaying it. 

To file an Acknowledgment of Service, follow the guidance in the Dropbox file linked from the second post in the NEWBIES thread.

Having filed an Acknowledgment of Service in a timely manner, you have until 4pm on Monday 23rd September 2023 to file your Defence.

That's over 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 guidance.

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'.

Hi Keith,

Thanks so much for your help. My university lectures start on the second week of September, is there any way I can bring it forward or will I have to travel down for it? If so, is there any way I can counter claim for any travel costs I incur? 

The newbies forum is very helpful - in your opinion, do I have a strong chance of winning? 

Thanks  

KeithP

cearley02 said:

KeithP said:

cearley02 said:

The issue date of the claim form is 21/08/23

With a Claim Issue Date of 21st August, you have until Monday 11th September to file an Acknowledgment of Service.  Do not file an Acknowledgment of Service before 26th August, but otherwise there is nothing to be gained by delaying it. 

To file an Acknowledgment of Service, follow the guidance in the Dropbox file linked from the second post in the NEWBIES thread.

Having filed an Acknowledgment of Service in a timely manner, you have until 4pm on Monday 23rd September 2023 to file your Defence.

That's over 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 guidance.

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'.

Hi Keith,

Thanks so much for your help. My university lectures start on the second week of September, is there any way I can bring it forward or will I have to travel down for it? If so, is there any way I can counter claim for any travel costs I incur? 

The newbies forum is very helpful - in your opinion, do I have a strong chance of winning? 

Thanks  

You can file a Defence as soon as it's ready.

It is going to be months - probably well into next year - before you need to travel anywhere, and if/when that happens, you get to choose a court convenient to you and specify dates when you are not available.

Coupon-mad

Bring what forward? The hearing will be in 2024.

cearley02

Okay, thanks again. Is a court hearing pretty much unavoidable at this stage? I’m happy to defend it but would rather not go through this. 

You guys really are a wealth of knowledge! 

Coupon-mad

They might well discontinue in 2024 because the industry is being regulated (it will put a spanner in the works) and this is a single PCN case.

But you can't nip it in the bud now, you have to do a defence.  Use the Template Defence and show us your facts.

As you are at Uni, do you have a choice of two completely different towns for the hearing? One near your Uni address and one family home address?

Which 2 County/Family court address choices do you have?  We can advise you if one area is better than the other.

cearley02

I will fit out the template defence - I haven’t yet looked at it, is it done on this forum so that it can be critiqued/ improved? 

I am from Hertfordshire, and go to university in Edinburgh. 

Coupon-mad

Darn.  If you'd replied to the LBC giving your Scottish address you'd never have got a claim.  Too late now.

And you will have to choose the court near your family home because this is an English claim.