advice on a PCN / court summons but wasnt registered keeper/owner

wildbillcoyote

Hi. I have had read of the newbie stickie but cant find a similar scenario to the one I am in.. I really should have reviewed the advice on here earlier but assumed (stupidly) that once we had given evidence that the problem would go away. 
In summary - we have received a Notice of Intention to Proceed from BWlegal in regards to a parking offence recorded by P&PM by a vehicle we had sold..  The car was PX'd to a garage but between the time of PX and the garage notifying DVLA of the change of ownership, the car got a ticket. BWlegal are still pursuing us despite at our request receiving written evidence from DVLA that we were not the registered keeper/owner.. We responded to the CCBC claim form with this evidence and once again assumed this would be the end but now we have the NoIP.  
I guess what I would like to know is:  is this actually going to go to court? Will we need to defend? Will, if it does go to court the judge take the evidence from DVLA that we were clearly not the owners of the car and throw out the claim..
I am particularly peeved at having to deal with something that we had no involvement in but now that I am want to make life as difficult and time consuming for these scumbags as I possibly can.. ! 

Boat_to_Bolivia

wildbillcoyote said:

We responded to the CCBC claim form with this evidence and once again assumed this would be the end but now we have the NoIP.  

Can you please clarify if you have already received a Claim from CCBC?

If so what was the Issue Date?

Coupon-mad

And which Private parking company (PPC) is the Claimant, because BW are only the roboclaim litigation firm?

What exactly did the defence say?

You will have to also file & serve witness evidence. BW are pursuing it this far for their client (WHICH PPC PLEASE?) in the hope you fall flat on your face by NOT complying with the court process and thinking you don't need to, and losing by default for dropping a paperwork stage 'ball'.

You'll have to play the long game, jump all the hoops and they will probably discontinue.

wildbillcoyote

The PPC is Parking and Property Management Ltd.. I presume that a formal letter from DVLA stating that we were not the registered owners "should" be proof enough that the claim is invalid?   The defence issued in response to the CCBMC Claim form  stated that we were not the registered owner at the time of the "offence" and we attached the DVLA letter as evidence. 

wildbillcoyote

Boat_to_Bolivia said:

wildbillcoyote said:

We responded to the CCBC claim form with this evidence and once again assumed this would be the end but now we have the NoIP.  

Can you please clarify if you have already received a Claim from CCBC?

If so what was the Issue Date?

so yes we did receive the claim form and it was dated 19th Jun and we responded on 24th Jun with the defence and the DVLA letter ... we received the Notice of Intention to Proceed today (5th July) but letter is dated 3rd July.. 

Grizebeck

You don't attach evidence on this type of claim when logging a defence
I hope you have kept a copy of it

wildbillcoyote

Grizebeck said:

You don't attach evidence on this type of claim when logging a defence
I hope you have kept a copy of it

yes we kept the original and just attached a copy. we mistakenly assumed this would persuade them that there was evidence enough for them not continue.. clearly it either wasnt looked at or they dont care and assume wrongly that we will just pay to get them to go away.. 

Coupon-mad

Quite possibly the attachment wasn't even included in what the CCBC sent to them. The CCBC merely send the defence.

Nothing to stop you replying and attaching a copy again, and encouraging early discontinuance or you will claim your costs in full if they persist.

wildbillcoyote

Ok, so today I received a letter from BWlegal which appears to be a response to the Defence we submitted as part of the NOIP. basically its various responses to what we laid out in our defence and advises us that we must respond by the 15th August "so we can discuss the options available to you, If you do not contact us by the above date we will proceed with the claim on our clients behalf"  they offer various options, mainly involving paying with one option to "mediation agreement".. obviously I have no intention of entering in to any of the above, do I just now wait for this to go to court?   

Coupon-mad

Ignore that.  Sounds like nothing at all!  The first 12 steps are set out in the Template Defence sticky thread including ignoring the first rubbish from the 'legal' firm..

Don't disappear though, despite your case going quiet for a month or more at this stage. See you back here for the final DLUHC Public Consultation - any week now.

Please read about it and be ready to join us in trying to end the conniving PPC and DRA 'added fees' fuelling the court culture.  Together, we can stop the rotten parking industry from riding roughshod over the new statutory Code and the charge level caps intended last year, but blocked by the greedy moneymen.

If you are not likely to pop back here every week to check, please set up email alerts for this forum and bookmark this thread (below) as we intend that one of us posts on it when the Government opens the Consultation:

https://forums.moneysavingexpert.com/discussion/6333989/mse-parking-ticket-appeals-guide-feedback#latest

Read only the latest (2022) posts there. The PPCs have blocked the new Code by filing for Judicial Reviews.  Stopped the much welcomed parking code from February 2022, which stated that added £60 or £70 false 'DRA fee' extortion was to be banned and that parking levels would start at £50.

It's all on hold...but about to be re-opened!

Motorists urgently need the statutory Code reinstated and the ban on false 'DRA fees' confirmed, to stop the rot and the toxic litigation culture. This will be your chance to make a difference, plus other drivers you know (family, friends) who are also fed up with greedy and unscrupulous parking firms and the stranglehold they and their 'legals' have on people.

We need VERY high numbers of real victims to make a point of responding to this final Consultation.

Coming very soon....and it will be all over the forum for several weeks.  Don't miss it.  Your chance to change the law.

wildbillcoyote

Hi Coupon-mad, thankyou for the reply. just so I am clear, I am therefore safe to ignore this letter and not to respond to it? I have scanned and cleansed the letter below.  It is in itself incorrect as per the note on the second page. Is this just another bullying attempt to get us to pay?