Claim form received for alleged offence over 4 yrs ago

Jjsnowdog

Hello any advise greatly received 
i received a parking charge though the post 4 years ago 
it was for a old company car and numerous people had access throughout the day/week. The letter via Bw legal and napier parking arrived numerous months later. Previous advise and communication helped me to formulate a response. After 4 months with no reply a second letter (same as previous) arrived. With help again i formulated the response below 
26/6/20 


To whom it may concern 


Regarding a Letter of Claim delivered by yourselves for the collection of £150.00 on behalf of Napier Parking Limited and additions of initial legal costs, estimated court fees and estimated solicitors cost outlined by your last letter (totalling £229.18) 


As stated in my previous correspondence concerned with this alleged contravention, I am denying the debt as the company vehicle in question was utilized by multiple drivers at any one time and no one is able to remember this alleged contravention on the unremarkable day. 


As explained in 2 separate previous replies I would like to make clear your client has failed to meet POFA2012 schedule 4 paragraph 9, 13 and 14 requirements to hold the keeper liable for this alleged debt. 


I am again writing to you to deny the debt as I have never been liable as no notice to hirer was ever served on myself and if it was did not include the mandatory enclosures under POFA Schedule 4Paragraph 13/14. If your client disagrees with this in the interests of open dealing and the overriding objectives of the court please provide proof, they complied with POFA2012 schedule 4 Paragraph 9, 13, 14. Please provide this within 14 days. 


Previous correspondence included this request and still I am waiting for the proof/documentation originally asked for on the 11th February 2020 


I then have heard nothing for 3 years until a claim form from civil national business centre arrived with the revised amounts of 
amount claimed : 357.84
court fee :50
legal representative fee : 50
total amount : 457.84 

ive read the claims form and understand to answer with 14 Days which i will - is there anything else needed at this stage ? I have previously sent a SAR request to Napier in 2020 for the document which they have sent (although i didn't receive 60% of the letters they claim to have posted )
thanks

KeithP

Hello and welcome.

What is the Issue Date on your Claim Form?

Time2Go_25

Jjsnowdog said:

Hello any advise greatly received 
i received a parking charge though the post 4 years ago 
it was for a old company car and numerous people had access throughout the day/week. The letter via Bw legal and napier parking arrived numerous months later. Previous advise and communication helped me to 

Just for reference, advice is what you received. 

Coupon-mad

I then have heard nothing for 3 years until a claim form from civil national business centre arrived with the revised amounts of 
amount claimed : 357.84

total amount : 457.84 

Pretty high.

Do the Particulars of Claim on the left, list two PCNs?

patient_dream

Previous correspondence included this request and still I am waiting for the proof/documentation originally asked for on the 11th February 2020 

Court judges are non too impressed with ignorance and incompetence
Far too late for BWLegal to respond

I had a case with BWLegal where they were asked questions which they ignored. This was shown to the judge who questioned the "rent by the hour" legal rep ....... he had no clue .... case dismissed and £90 costs awarded

Sounds like BWLegal want a repeat

Jjsnowdog

Thanks for the responses 
please see claim form received 
[Image removed by moderation team]

Jjsnowdog

Issue date is 21st Aug
POC show 2 fixed charge notices 

Le_Kirk

You have left your claim number and password visible; this needs taking down and redacting!

KeithP

You've left the Claim Number and MCOL password clearly visible.
I wonder what a mischievous person might be able to do with that?

With a Claim Issue Date of 21st August, you have until Monday 11th September to file an Acknowledgment of Service but there is nothing to be gained by delaying it. 

To file an Acknowledgment of Service, follow the guidance in the Dropbox file linked from the second post in the NEWBIES thread.

Having filed an Acknowledgment of Service in a timely manner, you have until 4pm on Monday 25th September 2023 to file your Defence.

That's well over three weeks away. Plenty of time to produce a Defence, but please don't leave it to the last minute. 

To create a Defence, and then file a Defence by email, look again at the second post on the NEWBIES thread - immediately following where you found the Acknowledgment of Service guidance.

Don't miss the deadline for filing an Acknowledgment of Service, nor that for filing a Defence.

Do not try and file a Defence via the MoneyClaimOnline website. Once an Acknowledgment of Service has been filed, the MCOL website should be treated as 'read only'.

patient_dream

Jjsnowdog said:

Issue date is 21st Aug
POC show 2 fixed charge notices 

Yes two tickets @ £100 each = £200 .... they claim £237.84 ??

They claim £120 for recovery ?  They say this is set out in the ATA code of practice.  This is just a form of double recovery which the courts do NOT allow and as the ATA is unregulated, there is no legal authority to add a fake amount of £120.  BWLegal has never explained what their legal authority is and they never will ..... DOUBLE RECOVERY

Court fees for a claim up to £300 is £35. By adding a fake £120 means their claim before interest means it falls into the next category of fee £300 - £1500 which is £50
Leaving out the fake £120 and including the interest of £57.84, the total claim should be £257.84 and a court fee of £35 

According to them two tickets = £237.84 PLUS A FAKE £120.00
Their cliam before the court fee and solicitor costs = £357,84
WHERE DOES £237.84 COME FROM ?

They claim interest of £57.84 based on 8% but that is not included in the amount claimed. Nobody nowadays receives 8% and most judges will not allow this as most judges will not allow the fake £120

The claim should be ..
£200 + £35 + £50 = £285 .... AND NOT THE INFLATED AMOUNT OF £457.84

Do you have a picture of the sign

Jjsnowdog

Claim form attached 
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