BW LEGAL CLAIM FORM

danieldeva

Hi everyone, I am in dire need of help regarding a N1 claim form document that has arrived in the post yesterday, the 5th of December.

The issue date on the document shows up as 20 November 2023.

The claimant is Parking and Property Management Ltd, the claim is from BW Legal and the court is the Civil National Business Centre.

The total amount of the claim is 245 pounds.

They claim I didn't pay for a parking charge following a contractual breach which occured in march 2023 in a private car park/ land.
"The displayed terms and conditions offered the driver a contractual licence, which were accepted upon entry by the driver, and subsequently breached. 
Driver's breach: Parked outside the confines of a marked bay. 
Despite demands, the parking charge remains unpaid.
The claimant also claims 60 pounds recovery costs as set out in the terms and conditions and in the Industry Code of Practice."

The driver parked the vehicle adjacent to a parking bay because all the other bays were occupied. They had come to visit family and upon returning to the vehicle, they found no ticket on the car and assumed all was well.

A few days after, I, the registered keeper, received the PCN in the post for the sum of 100 pounds, found it utterly unreasonable and ignored all subsequent letters. What can I do in this situation?
I can't have a CCJ in my name, as it will affect my credit rating. What is my best course of action? How should I prepare my defence? Seeing as how 15 days have passed already because the letter arrived late, I'm assuming my deadline has passed and they will take legal action anyway?

Please help.
Thank you very much

Fruitcake

You need to ask for this thread to be moved to the parking forum, or start a new thread on the parking forum where you will get bespoke help.

The advice to ignore a parking charge notice has not been given on the MSE parking forum since the law changed in 2012.

You should start by reading the guide to court written by bargepole that you will find in the sticky Announcement for NEWBIES combined with the template defence thread that includes a twelve step guide, all of which is located in the parking forum.

Plan A is always a complaint to the landowner and your MP, but since you have a live court claim, you should complete the AoS before you do anything else, and tick that you are defending the whole claim, otherwise you risk getting a default judgment entered against you.
Do this tomorrow during normal working hours, and make sure you get the absolutely essential auto-acknowledgment.

Please show us just the claim form PoC, but redact all personal data. 

You won't get a CCJ as long as you follow the advice on the parking forum.

KeithP

@danieldeva , as @Fruitcake says, your best bet is to get this thread moved to the Parking tickets board.

Perhaps the easiest way to make that happen, is to simply hit the Report button below your post and ask for the thread to be moved.

Le_Kirk

This thread is now on the Parking sub-forum and the OP has been advised to read the NEWBIE sticky.  The OP is further advised to complete the AOS as per the instructions to be found via NEWBIE sticky 2nd post.

KeithP

danieldeva said:

Hi everyone, I am in dire need of help regarding a N1 claim form document that has arrived in the post yesterday, the 5th of December.

The issue date on the document shows up as 20 November 2023.

What is my best course of action? How should I prepare my defence? Seeing as how 15 days have passed already because the letter arrived late, I'm assuming my deadline has passed and they will take legal action anyway?

With a Claim Issue Date of 20th November, you have until Monday 11th December to file an Acknowledgment of Service. Just a couple of days away but it is only ten minutes work. 

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 Thursday 28th December 2023 to file your Defence.

That's nearly 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'.

Coupon-mad

You won't get a CCJ as long as you defend in full with our help, using the Template Defence.  We do not put anyone at risk of a CCJ.

 Parking and Property Management Ltd, march 2023

Please show us BOTH sides of that NTK and with all dates showing. Cover your data and car images and the PCN number.