CCJ Judgement Received (BW Legal/ Premier Parking Solutions Ltd)

0james0

Today through the post arrived a CCJ letter, in favour of the above parking cartel. 

on 27/01/23 I received notification from BW Legal that they intended on going to court for parking matters, I emailed them to ask for details, as I do not know of their client, or what the offence was. I put both PCN reference numbers in my email and in the subject line. 

They responded in writing, to advise it was a parking matter, which has now been closed and no further action is being taken. 

That same day 03/03/23 I received a message from them, asking me to contact them about one of the parking charges. This seemed odd, so I replied to their email again, quoting the reference number and asked them to double check the matter was closed, as I was being given conflicting information. They did not reply. (I do have their auto acknowledgement email reply, so I know they did get my email) 

Then, I get a CCJ judgement through the post today. 

I still have no idea what the offence was even for, let alone if it was a valid claim, but I think it's gone beyond that now anyway. BW Legal have said I can apply to the court to have the judgement set aside, which will cost me around £275 and might still mean I have to pay them as well, or I can make a payment to them in full within 30 days of £270 and they will remove the CCJ. 

I feel like BW Legal have stitched me up here, telling me the matter was closed, when it wasn't. Their comments today when I spoke to them was that they were only replying about one case number that they did close and that they have simply not responded to me at all about the second case, which went to a CCJ, which I do not feel is a fair defence from them, not least because it means they have ignored all communications from me about this case for many months now. 

I'm not really sure where I go from here, I have mainly come to this forum to see if it is simply a case that I just have to pay them now. I did not ever receive a defence claim form from the court either, so I had no idea it was going to court. I've not had a single chance to defend this claim, from Premier Parking Solutions, BW Legal and lastly the courts. Feel a bit hard done by, but I think as it has now gone this far, I do not have any other choice but to pay them do I?

Le_Kirk

Have you moved recently and not updated your V5C with the DVLA, that is the usual reason for not receiving an N1 court claim form?

0james0

Le_Kirk said:

Have you moved recently and not updated your V5C with the DVLA, that is the usual reason for not receiving an N1 court claim form?

Nope, not moved, just simply never had one come through. 

B789

0james0 said:

Today through the post arrived a CCJ letter, in favour of the above parking cartel. 

on 27/01/23 I received notification from BW Legal that they intended on going to court for parking matters, I emailed them to ask for details, as I do not know of their client, or what the offence was. I put both PCN reference numbers in my email and in the subject line. 

They responded in writing, to advise it was a parking matter, which has now been closed and no further action is being taken. 

That same day 03/03/23 I received a message from them, asking me to contact them about one of the parking charges. This seemed odd, so I replied to their email again, quoting the reference number and asked them to double check the matter was closed, as I was being given conflicting information. They did not reply. (I do have their auto acknowledgement email reply, so I know they did get my email) 

You definitely have a choice NOT to pay them. Why would you if it can be proved that they have failed to properly serve the claim against you. What is not quite clear in your information above is, the correspondence from BWL on 27/01/23, was that by post or email from them?

Have you moved since that correspondence and not informed both BWL and PPS to "erase" your old address and update with your current one?

Again, you say they responded in "writing". Was that by email or post?

We need to establish whether they had your current address for service of the claim. We are trying to find out if the service was defective.

0james0

B789 said:

0james0 said:

Today through the post arrived a CCJ letter, in favour of the above parking cartel. 

on 27/01/23 I received notification from BW Legal that they intended on going to court for parking matters, I emailed them to ask for details, as I do not know of their client, or what the offence was. I put both PCN reference numbers in my email and in the subject line. 

They responded in writing, to advise it was a parking matter, which has now been closed and no further action is being taken. 

That same day 03/03/23 I received a message from them, asking me to contact them about one of the parking charges. This seemed odd, so I replied to their email again, quoting the reference number and asked them to double check the matter was closed, as I was being given conflicting information. They did not reply. (I do have their auto acknowledgement email reply, so I know they did get my email) 

You definitely have a choice NOT to pay them. Why would you if it can be proved that they have failed to properly serve the claim against you. What is not quite clear in your information above is, the correspondence from BWL on 27/01/23, was that by post or email from them?

Have you moved since that correspondence and not informed both BWL and PPS to "erase" your old address and update with your current one?

Again, you say they responded in "writing". Was that by email or post?

We need to establish whether they had your current address for service of the claim. We are trying to find out if the service was defective.

I haven't moved for years and I have previously had letters from them, this was the letter on 27/01. They also sent me a letter to advise that the case had been dropped and no further action was being taken. 

On 03/03 they sent me a text message. 

I replied to that by email. 

What I should have done was phone them when they sent the text message, instead of emailing them, I could have then been told that they were still proceeding with one of the claims, I just did not think things would escalate so quickly that they would not reply to my email and there was a court date set to issue a CCJ. 

B789

0james0 said:
On 03/03 they sent me a text message. 

I replied to that by email. 

What I should have done was phone them when they sent the text message, instead of emailing them, I could have then been told that they were still proceeding with one of the claims, I just did not think things would escalate so quickly that they would not reply to my email and there was a court date set to issue a CCJ. 

No. You never phone them unless you are able to record that call and you inform them in advance that you are recording it. What you have is much better. You now have evidence that you can use in court to get this CCJ set aside and even evidence of unreasonable behaviour.

ou now, today, need to contact the court and get a copy of the PoC. You should wait while you make sure they email you with those details. You must start the set-aside procedure as soon as possible after discovering the CCJ.

What date was the CCJ issued?

0james0

B789 said:

0james0 said:
On 03/03 they sent me a text message. 

I replied to that by email. 

What I should have done was phone them when they sent the text message, instead of emailing them, I could have then been told that they were still proceeding with one of the claims, I just did not think things would escalate so quickly that they would not reply to my email and there was a court date set to issue a CCJ. 

No. You never phone them unless you are able to record that call and you inform them in advance that you are recording it. What you have is much better. You now have evidence that you can use in court to get this CCJ set aside and even evidence of unreasonable behaviour.

ou now, today, need to contact the court and get a copy of the PoC. You should wait while you make sure they email you with those details. You must start the set-aside procedure as soon as possible after discovering the CCJ.

What date was the CCJ issued?

The CCJ was issued on 21st April, so it is quite fresh. 

I have also as of yesterday requested details of the offence and supporting documents from BW Legal via their livechat, but that is yet to arrive. 

From what I've seen online, for me to apply for the judgement to be set aside, I need to complete the N244 form and pay a £275 fee, which is actually more expensive than paying the CCJ in full and then it would be removed from my credit file anyway if I did it within 30 days, Which seems rubbish, but the better of two evils? 

B789

You have to decide. Of course, there is also the possibility that you don't end up out of pocket at all.

Do you have a transcript of your "livechat" with BWL? If not, why are you going against all advice about only using email for comms with either the PPC or their solicitors? You were told to contact the court, not the solicitors for details of the PoC.

You can SAR the PPC for copies of all correspondence between them and yourself. Use this template for a SAR but don't wait for that to come back before filing your N244. Time is of the utmost importance for getting your set aside.

Based on what you've told us so far, you should ask for your costs to be reimbursed. Either the Claimant gave the wrong address for the claim or it is possible that the claim was lost in the post.

https://www.dropbox.com/s/v29cyfyuglg1ban/subject_access_request3.pdf?dl=0

Coupon-mad

There was no court date set.

You must ring the CCBC in Northampton tomorrow and ask for a copy of the Particulars of Claim to be emailed to you while you are on the phone (do not trust them to email it later).

And ask exactly which address the supposed Claim form was sent to and on what date.

Then come back and tell us those 3 things.

0james0

Coupon-mad said:

There was no court date set.

You must ring the CCBC in Northampton tomorrow and ask for a copy if the Particulars of Claim to be emailed yo you while you are on the phone (do not trust them to email it later).

And ask exactly which address the supposed Claim form was sent to and on what date.

Then come back and tell us those 3 things.

OK, managed to get hold of the court and I have obtained the information you advised. It seems that it was posted to me during the RM strike actions, which likely meant it got lost, which is why I never received it and then why I never responded. 




The claim form was sent to my correct address

The claim form was sent to me on 14/12/22

I did not reply to the claim form (because I did not ever receive it) 

I will paste the redacted PoC below:

Claim No: *****

 

Claimant: PREMIER PARKING SOLUTIONS  LIMITED

 

Claimant solicitor: BW LEGAL

Telephone: 0113 323 1784

Reference: ****

 

Judgment amount: £270.76

 

Particulars of claim: THE CLAIM IS FOR THE SUM OF £103.76 BEING    DUE FROM THE DEFENDANT IN RESPECT OF         A PARKING CHARGE NOTICE (PCN)                FOR A CONTRACTUAL BREACH WHICH OCCURRED ON   09/06/2022 IN THE PRIVATE CAR PARK/LAND AT   VAUXHALL STREET PLYMOUTH PL4 0DD             IN RELATION TO A VOLKSWAGEN                  TIGUAN MATCH TDI BMT 4MOT                    REGISTRATION MARK ****.                   THE PCN WAS ISSUED AS THE DRIVER             FAILED TO COMPLY WITH THE TERMS AND          CONDITIONS, AS DISPLAYED.                    DESPITE DEMANDS, THE CHARGE REMAINS UNPAID.  THE CLAIM ALSO INCLUDES STATUTORY INTEREST   PURSUANT TO SECTION 69 OF THE COUNTY COURTS  ACT 1984 AT A RATE OF 8% PER ANNUM (A DAILY  RATE OF £0.02) FROM 09/06/2022 TO            13/12/2022 BEING AN AMOUNT OF £3.76.         THE CLAIMANT ALSO CLAIMS £60.00 RECOVERY     COSTS AS SET OUT IN THE TERMS AND CONDITIONS AND IN THE ATA AOS CODE OF PRACTICE. 

0james0

https://forums.moneysavingexpert.com/discussion/comment/80015569#Comment_80015569

I only went down the llive chat route as there was no phone number that I could find and they had previously ignored my emails for weeks at a time and this seemed like the fastest way to at least get some information about what was going on. I had a copy of the transcript emailed to me.

It looks like the claim was lost in the post, I will use your template that you kindly posted to request a SAR.

I'm not quite sure where I go from here, I guess I file for it to be set aside and pay the fee, requesting that it gets refunded back to me by the claimant? Although I am concerned that if I then went on to lose the claim, I'll still need to pay the claim, as well as not getting anything reimbursed back to me, so although it is the right thing to do, it seems it would carry some risk?

I am very grateful and appreciate all of the help everyone has given me so far.