BW Legal court claim letter

mhagle

Hi,

I have received a court claim from BW legal, however all i have received is a letter from BW legal dated on the 14th December about them filing a claim with the court. But i have nothing from the courts, no paper work. Even though the claim has been filed. I received a letter yesterday in the post. As it was the holidays and royal mail strike would this be taken into consideration if I have missed the deadline to respond as I have not received the pack to acknowledge the claim online before the 14 days?. I have sent to money claims online the acknowledgement but I fear that they will reject my response and I wont be able to defend the case. 

mhagle

the letter from BW Legal is dated on the 28th december not 14th however the claim is from the 14th of december.

Coupon-mad

Register to contact BW Legal and respond telling them no claim has been served to date.

Given they are aware no claim form has yet been served, should they now (during January) apply for judgment in default they will be fully liable for your costs in setting any CCJ aside.

Finish by suggesting that they ask the CCBC what is going on (postal and Christmas staffing delays appear to have stopped it being served thus far) and in the meantime you want BW to inform you:

(a) which address was supplied to the CCBC and
(b) a copy of the Particulars of Claim and the Claim number, and
(c) any update from the CCBC that they ascertain.

Once you get the claim number ring the CCBC immediately and ask about the claim and why it has not yet been served.

mhagle

I have spoken to CCBC and they told me to file the defence today as the last day was yesterday for the response acknowledgment that would have given me 33 days to file the defence.

As BW Legal have not raised a CCJ for missing the deadline. They have also said that there is nothing that CCBC can do as they have sent the papers out on the 14th December. I explained to them there has been strikes and also the holidays but they said basically it is not their issue as they have sent the claim out.

I am trying to write a defence now as CCBC have sent me an email with the claim details. Is there anything else I can do as I am confused what is next. However i have started to write my defence.   

Coupon-mad

It should take you half an hour. Do it this morning!  You are in a race now.

See the Template Defence thread.

mhagle

this is the sign at the location.

Mouse007

Well the good news is that is a forbidding sign, it is offerring you nothing. With nothing on offer there can be no contract, no contract no breach.

mhagle

The facts as known to the Defendant:

1.      The Defendant denies that the Claimant is entitled to relief in the sum claimed, or at all.  It is denied that any conduct by the driver gave rise to a ‘parking charge’ and it is denied that this Claimant (understood to have a bare licence as managers) has standing to sue or to form contracts in their own name at the location.

The facts as known to the Defendant:

2.      It is admitted that Defendant was the registered keeper and driver of the vehicle in question but liability is denied.

3.      The defendant parked his car outside the gym. As I wanted to sign up to the gym.

4.      The signage at the site is prohibitive as it states that “no parking at any time”. There is no offer to park so therefore there can be no contract for the defendant to have breached.

would this be sufficient for now till the court defence? for me to send or do i have to write more than this? 

Mouse007

Reword 3 to remove the "I". Perhaps: The defendant parked his car outside the gym as they wanted to sign up to the gym.

I think it may be good to add something along the lines of:

It is difficult for the Defendant to fully respond to the claim because they have not received it. Following receipt of a letter on xx January 2023 from the Claimant the Defendant telephoned the Court on xx January 2023 and was then advised that a claim had been issued on xx December 2022.

If you do, take care to slightly reword paragraph 5 in the template defence so you don't contradict yourself

5. With regard to template statements, the Defendant observes after researching other parking claims, that the Particulars of Claim ('POC') set out are often a cut-and-paste incoherent statement of case.  Prior to this - and in breach of the pre-action protocol for 'Debt' Claims - no copy of the contract (sign) accompanied any Letter of Claim.  The POC is are probably sparse on facts about the allegation which would make makes it difficult to respond in depth at this time had the Defendant recieved the claim; however the Defendant believes the claim will be is unfair, objectionable, generic and inflated. 

mhagle

Thank you very much for the help, I have sent the defence and the lines that you have suggested thank you. 

Hopefully they do not reject my defence. 

Coupon-mad

Acknowledged by auto-email?