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Napier Parking/BW Legal - defence

Hope you can help me, I have received a Letter of Claim from BW Legal in regard to a parking fine for having a valid parking ticket face-down in the windscreen.
As per the guidance in this forum, I raised a SAR with Napier, notified BW Legal and told them I was seeking debt guidance.  They have put the claim on hold for 30 days.
So now I need to prepare the defence, using the template in here.

Question: - where do I find the Claim number?  Does this come in the post from the court?  I presume I need this before I can email the court with my defence?

This is what I propose putting in my defence under para 2 and 3.  Grateful for any suggested improvements:

The facts as known to the Defendant:

2. It is admitted that the Defendant was the registered keeper of the vehicle.  The Defendant denies being the driver.

 

3. [EXPLAIN IN YOUR OWN WORDS...NB: defences are written in the THIRD person as 'the Defendant', not 'I did this' nor 'my/me']. 

The driver was parked in the car park and had purchased a valid ticket on [DATE}.  It appears from the photo in the PCN that the ticket was clearly present, but had fallen face-down onto the dashboard.

Upon receipt of the PCN which arrived in the post to the surprise of the Defendant, the Defendant found the parking ticket in the car, and emailed the Claimant with a photo of the valid parking ticket showing the time stamp.  The Defendant was not the driver and was not present in the car park on the day in question, so was therefore unaware of any notices that may or may not have been displayed in the car park.

The Claimant treated the Defendant’s email as an appeal.  Despite being emailed with the valid, paid-for ticket, proving that the Claimant did not incur any loss, the Claimant rejected the “appeal” on the grounds that the ticket was overturned, which they claim is a contravention of the signs (which the Defendant didn’t see as they weren’t in the car park).  The rejection letter included photos of a sign, which presumably is in the car park, and several photos of the ticket clearly displayed in the windscreen, albeit face-down.

The ticket was paid for and well-within the time limit, so it is clear that Napier incurred no loss, and should have closed the case. 

The Defendant researched similar situations on the Internet and discovered a wealth of reports that the Claimant, and some other parking management companies engage in the pursuit of disproportionate claims such as this, where no loss has occurred.  It appears their intention is to worry their quarry into paying an exorbitant fine with threats of court action.

Following advice from the forums, the Defendant disregarded the numerous letters and demands, until a Letter of Claim was received from the Claimant’s solicitors.

<<<Para 4 and onwards will be appended.

Many thanks for your help, can't believe this has been dragging on for so long.  It has caused my partner a lot of distress.

Comments

  • KeithP
    KeithP Posts: 39,970 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Question: - where do I find the Claim number?  Does this come in the post from the court?  I presume I need this before I can email the court with my defence?
    Hello and welcome.
    Yes, when BW Legal raise a Claim with the County Court Business Centre and the CCBC will send you a Claim Form, with details of the claim, in the post.
    And yes again... you need that Claim Form before you can file a Defence.

    But you are right to be preparing for the that.
  • B789
    B789 Posts: 3,441 Forumite
    Fifth Anniversary 1,000 Posts Name Dropper Photogenic
    Hope you can help me, I have received a Letter of Claim from BW Legal in regard to a parking fine for having a valid parking ticket face-down in the windscreen.
    As per the guidance in this forum, I raised a SAR with Napier, notified BW Legal and told them I was seeking debt guidance.  They have put the claim on hold for 30 days.
    So now I need to prepare the defence, using the template in here.

    Question: - where do I find the Claim number?  Does this come in the post from the court?  I presume I need this before I can email the court with my defence?
    Bt you've only received an LoC. You have not yet received a claim. The LoC is just a final notice of intent to file a claim. They can file the claim any time up to 6 years from the date of the PCN... or they may choose not to file a claim at all.

    Did you wait until around day 28 from the date of their LoC to ask for a 30 day extension for debt advice? The whole point of the 30 day request is to extend the 30 days given in the LoC. Unfortunately, many defendants fail to comprehend this point and just fire off the 30 day extension request within days of receiving the LoC, thus defeating the purpose.

    As KeithP says above, you are correct to start planning your defence any potential claim. However, have you rebutted the LoC. Requesting a 30 day extension is not the only thing you are supposed to do.
  • Thank you for your help.  No I haven't rebutted the LOC, didn't realise I had to do that too.  I did object when I got the original PCN, but my appeal was rejected.
  • Forget that last comment - I just checked back and I DID rebut the LOC.  Also I asked for the 30 day extension 2 days before the LOC expired.
    Many thanks again for your help.  So for now I just sit and wait...

  • KeithP
    KeithP Posts: 39,970 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    So for now I just sit and wait...
    Yes that's right.
    When the Claim Form drops through your letterbox, please post again on this thread with the Issue Date on that form.
  • KeithP
    KeithP Posts: 39,970 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    edited 30 July 2023 at 10:12PM
    @loopylou37, yes your thread is now closed but this thread about @stanners69's predicament is still very much alive.

    It is unfair of you to arbitrarily take over his/her thread just because your thread has been closed.
    Can you not see that this can only lead to confusion?

    Please can you either...
    1) start a new thread to continue your story, or
    2) contact MSEForumTeam and ask them to re-open your thread. Hitting the report button below your post is one way of doing that.
  • loopylou37
    loopylou37 Posts: 10 Forumite
    Fourth Anniversary Name Dropper Combo Breaker First Post
    @KeithP will do thank you. Did not wish to be unfair to the poster. I thought new threads were discouraged 
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