In a pickle - Admitted I was the driver to IAS - BW legal email response help

Car1980

Show us the court form, minus personal details and password.

Are you going to counterclaim? This is an insane claim.

Help___please

Car1980 said:

Show us the court form, minus personal details and password.

Are you going to counterclaim? This is an insane claim.

   

I can see on the back a counter claim section, would you say it’s worth paying the fee given the nature of my case? 

ChirpyChicken

Normally a counter claim isn't worth but for this one I would

Coupon-mad

Help___please said:

 I followed the complaints and appeals process detailed on the back of the PCN, which directed me to the IAS. 

I believed it to be a straightforward mistake on their ANPR camera in the car park, which only saw me enter and leave once (surprise surprise) on the named day, where in fact we left the car park to go back to our campsite and then returned later that day - paying on both occasions and leaving within the allocated times.

I have since complained to the land owner and MP - but have had no response. 

I’m pretty !!!!!! off about it all as we genuinely paid both times and it is the fault of their camera, not me...

Coupon-mad said:

I would not even use the template response and ONLY reply telling them about the double dip scenario and your plan to counterclaim for damages for distress if they do not drop it.

The middle paragraph itself is too long and should be split here:

"Clearly they have not fully reviewed the fully ANPR images..."

Remove everything from the template.  Your case is different.

Have had the following response. As I have already said in my appeal I do not have any other evidence to prove my whereabouts. How do you advise I reply? If at all. 

Due to the above - you clearly disputed this THREE times and have been completely ignored despite the fact that ANPR in the hands of private parking firms is always set to read any two visits within 24 hours as one - I agree that you should counterclaim for breach of the DPA 2018.

Have a look at the Counterclaim by @Nosy (that poster has more than one thread, so you'll need to dig back three or four years to find it).

I also suggest you DON'T use the Template Defence.

Just write a bespoke version in the third person, stating what happened, how you disputed it three times, and denying breach. Then counterclaim goes under that, citing the law.  Hence why you need to read Nosy's counterclaim.

Car1980

Just to make sure, did a person sign the claim? It doesn't just say BW Legal at the bottom?

KeithP

Mr T.G, we can clearly see your full name on that Claim Form image you have shown us.

With a Claim Issue Date of 13th February, you have until Tuesday 4th March to file an Acknowledgment of Service('AOS').  Do not file an AOS before 18th February, but otherwise there is nothing to be gained by delaying it. 

To file an AOS, follow the guidance in the Dropbox file linked from the second post in the NEWBIES thread.
Having filed an AOS in a timely manner, you have until 4pm on Tuesday 18th March 2025 to file a Defence.

That's over four 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 AOS guidance.

Don't miss the deadline for filing an AOS, nor that for filing a Defence.

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

But please take note of the posts of others suggesting a bespoke Defence and Counterclaim.

Help___please

Car1980 said:

Just to make sure, did a person sign the claim? It doesn't just say BW Legal at the bottom?

There is a typed name

Help___please

Thanks all. I will file the AOS as advised after 18/02. In the meantime I will start prepping my defence. 

kryten3000

It doesn't matter when the AOS is filed, you still get the same deadline to file the defence.  There is nothing to be gained by delaying.

Coupon-mad

Help___please said:

Thanks all. I will file the AOS as advised after 18/02. In the meantime I will start prepping my defence. 

Like I said, not the template (except the headings and first paragraph).  Then what I said to put, then - under the signed & dated defence, a continuation of the same document) a signed Counterclaim.