BW Legal - Gatwick Airport

Bakerfrog

Please help!

I'll try and keep this short and say I wish I found this forum first!

We paid for valet parking at Gatwick Airport (May 22) for accessible access reasons as I am disabled.  We missed the turn off to this to get to this section of the car park as signage was poor and ended up driving through the waiting area, it may even have been twice but I cant remember.  We didn't think anything of this until we received a fine from NCP.  I sent them a photocopy of my car parking booking confirmation twice with no response and so stupidly thought it had gone away.
Then I received a claim from the county court claiming for £259.28!

In hast I completed the acknowledgement of service stating I intend to defend all of this claim and I intend to contest jurisdiction.  I also completed the Defence saying The charge was for allegedly parking in a zone where a tariff was due. The car was not parked, nor did we stop at any time, we just drove through as the signage for the valet parking section, within the multi storey car park, was not clear. This unfortunately meant we missed the turning, and for safety reasons my husband decided to go around again - in effect took a big circle.  My husband was driving the car, I am disabled and my disability restricts my ability to help in situations like these. We have proof of our parking, which was paid in advance directly via Gatwick airport. This proof has been submitted to the claimant on two occasions, however no acknowledgments has been received.

I have now received a notice of intention to proceed......it states our client is confident that the court will find in their favour.....they have 'kindly' offered a payment plan if I contact them before the 24th Feb.

Can any one advise what i should do next.

Coupon-mad

Seems like a perfect defence. No worries.  You will need a better witness statement a few weeks before the hearing but we can help with that.

You could ignore the standard letter from BW Legal, or I prefer to give them a push by telling them to discontinue because their client has a hopeless case, given:

 (a) the car did not stop, so there was no 'period of parking' and DVLA data was sought without reasonable cause, and

(b) the Defendant was not the driver, as stated in the defence. Given that the Notice to Keeper was 'non-POFA' there is no possible cause of action against the registered keeper under any rule of law.

As such they may as well cut the crap, save the hearing fee and discontinue.

Bakerfrog

Hi,  Sorry for not replying sooner.....been a bit unwell.

Thank you for the reply - I didn't go back to them and haven't heard anything from them.

There are no updates on the money claim website either.

Do you think I should sit tight or send them a letter giving them a 'push'?  Is there a template along the lines of what you have stated above?

With thanks.

B789

Have you received an acknowledgement that your defence was received? What date did you receive the claim and what date did you do the AoS?

Are you the RK or is your husband the RK? Who was the claim addressed to? You've already stated that it was your husband driving.

Coupon-mad

Send the solicitor that email now.  Do not offer to pay any money. And do NOT phone them. 

Bakerfrog

Is there a template for the letter I should send? 

Bakerfrog

Please see below:

Claim issued 19th Dec 2022

My Defence submitted 12th Jan 2023

AOS received 12th Jan 2023

Defence received 12th Jan 2023

I am the registered keeper

The claim is addressed to me

My husband was driving.

Thanks for any help.

B789

Bakerfrog said:

Please see below:

Claim issued 19th Dec 2022

My Defence submitted 12th Jan 2023

AOS received 12th Jan 2023

Defence received 12th Jan 2023

I am the registered keeper

The claim is addressed to me

My husband was driving.

Thanks for any help.

Wait for @KeithP to verify the deadlines you must meet. Also, did you file your defence at the same time you filed your AoS? Did you file your defence using the MCOL website? Can you show us what you actually put in your defence?

Coupon-mad

Bakerfrog said:

Is there a template for the letter I should send? 

I already wrote it for you above...

Obviously don't start your email 'Hi' and don't end it 'kind regards'.

Bakerfrog

@coupon-mad....thank you...sorry I have a brain injury so not always quick of the mark!! 

Bakerfrog

@B789...thank you. The defence I wrote is all in my initial post and all done on the MCOL website on the same day.