BWLegal - NOTICE OF INTENTION TO PROCEED

TheBlessed

Hello Ladies and Gentlemen, I need help on how to proceed with this issue.

The context - I received a letter from the County Court about a claim filed by BWLegal on behalf of National Car Parks Limited. I sent in my defense before I came across this forum as follows

"I am disputing this claim because I am not aware of the claim
before now and I can not recall ever receiving any correspondence
regarding this claim either from National Car Parks or from BW
Legal"

If I had come across this forum, I am sure I would have sent a stronger defense. Now I received the following letter from BWLegal. Can someone please advise on how to proceed?

TheBlessed

In addition to my post above, in all honesty, I can not recall receiving a previous notice from NCP regarding this claim

KeithP

TheBlessed said:

In addition to my post above, in all honesty, I can not recall receiving a previous notice from NCP regarding this claim

Then check the keeper's address on your vehicle's Registration Document(V5c).
Failure to adjust that when moving is by far the most common reason..
Please check your V5c and it can be updated online on the DVLA's website.

TheBlessed

I am the owKeithP said:

TheBlessed said:

In addition to my post above, in all honesty, I can not recall receiving a previous notice from NCP regarding this claim

Then check the keeper's address on your vehicle's Registration Document(V5c).
Failure to adjust that when moving is by far the most common reason..
Please check your V5c and it can be updated online on the DVLA's website.

Thank you for your prompt response. I am the Owner/Keeper and I have never moved home or changed address.

Regarding this notice to proceed above, what do you advise, please?

Coupon-mad

Oh dear.

You are going to have to pay £108 fee to ask for permission to amend that defence, because it isn't one, sadly. But it could be rescued and MIGHT see the whole claim struck out AND your fee paid by the Claimant!

You need to make a N244 application (asking for an order WITHOUT A HEARING) whereby the court either:

- strikes out the claim due to the persuasive appeal judgment by HHJ Murch, in Civil Enforcement v Chan, given the similarly woeful generic Particulars of Claim (POC);
 (attach the transcript)*

or in the alternative:

- the court to order the Claimant to file and serve further and better POC including a copy of the Parking Charge Notice and photographic and any other evidence of the alleged breach, after which the Defendant may amend their defence,

...and in either case, the Claimant (who, despite being legally represented, failed to follow the pre-action protocol, failed to contact the Defendant and then filed a claim with defective POC, which is a course of unreasonable conduct) be ordered to repay the Defendant the £108 cost of the N244 application.

@bargepole has a similar case where just such an application has been lodged this week.  He might have time to suggest more concise application wording.


*search the forum. The transcript is EVERYWHERE

patient_dream

BWLegal on the scam wagon again.  Of course you don't owe £267.88 .... BWLegal have added a fake amount for themselves

Their client is confident they will win?   Why would they think that with a fake amount being added ?

I like the bit that if you lost, you would be liable to pay their clients costs. They can try but judges are not that gullible.THEY DO HOWEVER use the word "MAY"

So they will have explain to a judge all about their fake add-on knowing that judges already know it's a fake. No doubt the claim form was signed as a statement of truth .....  WITH A FAKE ???

The courts are sick of these parking claims and if it does end up in court, you chances of winning are high and you can claim your costs, judges will allow this for you, not for them though

KeithP

TheBlessed said:

I am the owKeithP said:

TheBlessed said:

In addition to my post above, in all honesty, I can not recall receiving a previous notice from NCP regarding this claim

Then check the keeper's address on your vehicle's Registration Document(V5c).
Failure to adjust that when moving is by far the most common reason..
Please check your V5c and it can be updated online on the DVLA's website.

Thank you for your prompt response. I am the Owner/Keeper and I have never moved home or changed address.

My suggestion was "Please check your V5c...".
Have you done that?

TheBlessed

KeithP said:

TheBlessed said:

I am the owKeithP said:

TheBlessed said:

In addition to my post above, in all honesty, I can not recall receiving a previous notice from NCP regarding this claim

Then check the keeper's address on your vehicle's Registration Document(V5c).
Failure to adjust that when moving is by far the most common reason..
Please check your V5c and it can be updated online on the DVLA's website.

Thank you for your prompt response. I am the Owner/Keeper and I have never moved home or changed address.

My suggestion was "Please check your V5c...".
Have you done that?

Yes, I have done that. it still stated my address and my current address

TheBlessed

Coupon-mad said:

Oh dear.

You are going to have to pay £108 fee to ask for permission to amend that defence, because it isn't one, sadly. But it could be rescued!

You need to make a N244 application (asking for an order WITHOUT A HEARING) whereby the court either:

- strikes out the claim due to the persuasive appeal judgment by HHJ Murch, in Civil Enforcement v Chan, given the similarly woeful generic Particulars of Claim (POC);
 (attach the transcript)*

or in the alternative:

- the court to order the Claimant to file and serve further and better POC including a copy of the Parking Charge Notice and photographic and any other evidence of the alleged breach, after which the Defendant may amend their defence,

...and in either case, the Claimant (who, despite being legally represented, failed to follow the pre-action protocol, failed to contact the Defendant and then filed a claim with defective POC, which is a course of unreasonable conduct) be ordered to repay the Defendant the £108 cost of the N244 application.

@bargepole has a similar case where just such an application has been lodged this week.  He might have time to suggest more concise application wording.


*search the forum. The transcript is EVERYWHERE

Thank you so much for your prompt response, In filling out the N244 application form N244 - Application notice publishing.service.gov.uk

  Is this the same as amending my initial defense statement?

My second question is regarding the defense transcript where can I get the template. I came across one on this thread  County Court - Euro Car Parks £1,924. Parking at work - Page 3 — MoneySavingExpert Forum 

, I know I still have to tailor this to my own situation. Is this the one you are refering to?

Grizebeck

To be honest i would actually NOT pay for this yet NOR do the application form etc
Quite simply when this gets to the local court it is likely the judge on allocation will strike out your defence and give you a certain amount of time to issue an amended defence.  If he does not then you should make the application
why pay when most likely you will have an opportunity to log a new defence for free

UncleThomasCobley

TheBlessed said:

Thank you so much for your prompt response, In filling out the N244 application form N244 - Application notice publishing.service.gov.uk

  Is this the same as amending my initial defense statement?

My second question is regarding the defense transcript where can I get the template. I came across one on this thread  County Court - Euro Car Parks £1,924. Parking at work - Page 3 — MoneySavingExpert Forum 

, I know I still have to tailor this to my own situation. Is this the one you are refering to?

FYI, it is a "defenCe" not a defense. The reference to the N244 is the form you must complete if you wish to amend your disastrous initial defence. It will cost you £108 for the privilege if you want any chance of defending the claim.

The defence template thread on the front page of this forum is where you will find the necessary information. You should also take time to fully read the Newbies/FAQ thread before you carry on.