BWLegal - NOTICE OF INTENTION TO PROCEED

Grizebeck

UncleThomasCobley said:

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.

Please see my previous post and why I disagree with other posts on this issue.

UncleThomasCobley

Grizebeck said:

Please see my previous post and why I disagree with other posts on this issue.

Noted. Typed in whilst you were posting your advice. Crossed posts.

TheBlessed

Grizebeck said:

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

Thank you  @Grizebeck for your advice. So in the interim, what am I supposed to do? Do I need to contact BWLegal for proof to support the claim I can not honestly recall the event or to let them know I wish to proceed or I should wait until I get a response from the court? 

I will be working on my defence statement if this eventually proceeds to court. 

Grizebeck

TheBlessed said:

Grizebeck said:

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

Thank you  @Grizebeck for your advice. So in the interim, what am I supposed to do? Do I need to contact BWLegal for proof to support the claim I can not honestly recall the event or to let them know I wish to proceed or I should wait until I get a response from the court? 

I will be working on my defence statement if this eventually proceeds to court. 

You follow the guide on here as to submitting your n180 / DQ etc. Then you see what happens on allocation at your local court
You can do a SAR to the original parking firm 

CKAA1988

I am in a similar situation and have just received the exact same worded letter, however I owe £245.00 when the initial fine was £70. 

I was the registered owner, but not the driver at the time and despite sending them a letter to state this they proceeded to send me letters which I ignored. This happened, if I remember rightly back in February 2023 and I have not heard anything until I filed by defence a few weeks ago. 

What am I advised to do? 

The driver at the time has an image of their signage which is not clear or visible as we went back to check. The drive has also used this car park on numerous occasions and has never had this happen before. 

How do I proceed? I do not wish to pay, but I also do want a CCJ. Will they really take me to court for £245?!

CKAA1988

this is one of their signs on the wall… 

Coupon-mad

Please read the NEWBIES thread and then start your own thread. We can't advise you on someone else's thread.

But read the NEWBIES thread first please.  

No link needed.  

TheBlessed

Grizebeck said:

TheBlessed said:

Grizebeck said:

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

Thank you  @Grizebeck for your advice. So in the interim, what am I supposed to do? Do I need to contact BWLegal for proof to support the claim I can not honestly recall the event or to let them know I wish to proceed or I should wait until I get a response from the court? 

I will be working on my defence statement if this eventually proceeds to court. 

You follow the guide on here as to submitting your n180 / DQ etc. Then you see what happens on allocation at your local court
You can do a SAR to the original parking firm 

Thank you @Grizebeck. I appreciate you advice so far. As advised, I sent a SAR to the original parking firm and they replied with a photographic evidence, but the PDT Machine Record was not included in their response, even though I requested for it without stating the reason why.

Should I assume that this is intentional or they do not have the record? Should I asked to discontinue and cancel the claim as they do not provide  the PDT Machine Record to support their claim within the time limit required by law?

TheBlessed

Meanwhile BWLegal have been pestering me with letters requesting that the claim be settled out of court, but I have been ignoring their letters. Or should I reach out to them and request that they discontinue the claim due the original parking company not providing the PDT Machine Record.

The case had been forwarded to the local court and still awaiting the court date.

Once again thanks @Grizebeck for all your help and advice.

Coupon-mad

Just ignore the letters about settlement.

You were also not entitled to the VRM list as part of a SAR because the VRM list is not your personal data.

The Claimants will show the VRM list when you both have to exchange Witness Statements (a few weeks before the hearing, unless the Notice of Allocation you got states a date sooner).

In the meantime, while it's on your mind:

Please find time to do this Justice Committee Inquiry within the next ten days:

https://forums.moneysavingexpert.com/discussion/comment/80375249/#Comment_80375249

The Committee invites evidence on:

• What the current level of delay in the County Court is

• The ways in which the County Court engages with litigants in person, and how this could be improved

• The causes of action giving rise to claims in the County Court

• What future reforms to the County Court should be considered.

Please also state that private parking firms and their bulk litigators are the main cause of delays as far as small claims are concerned..

The MoJ must now be informed to urgently separate parking cases with a new pre-action protocol (requiring use of ADR instead of inflated debt demands and bulk litigators who want court). It should be a last resort.

Tell the Committee about your claim and show the Claim Form and about the delay so far and the lack of evidence from the Claimant, who made no real attempt to narrow the issues and resolve the dispute out of court.

This treatment of motorists should be illegal.

The 'debt claims pre-action protocol' is not fit for purpose for these cases.  Please strongly OBJECT to this and ask the Committee to insist on a proper ADR and 'private parking protocol' to resolve disputes and expose the worst scam PCNs out of court.

Please add your voice; just answer the questions in your own words but making the points above.  You might want to also say the court communications are in legalese and unsuited to average consumer defendants who have not made an active choice to face litigation, but are treated as cash-cow victims by the out of control parking industry.

"This inquiry is currently accepting evidence

The committee wants to hear your views. We welcome submissions from anyone with answers to the questions in the call for evidence.

You have until Wednesday 17 January 2024  to make a submission to the committee."