BW Legal Court Claim

1xvp1

Do I need to include a Counterclaim in my defence on MCOL, or do that at a later point?

Coupon-mad

Neither. You do it separately in MCOL but at the same time as defending (otherwise it's too late). There's a box for counterclaims. You have to pay a fee if counterclaiming.

Show us your draft counterclaim. To read threads about a few CC cases that succeeded, search the forum for:

Counterclaim @Nosy

Those search words find several.

1xvp1

Coupon-mad said:

Neither. You do it separately in MCOL but at the same time as defending (otherwise it's too late). There's a box for counterclaims. You have to pay a fee if counterclaiming.

Show us your draft counterclaim. To read threads about a few CC cases that succeeded, search the forum for:

Counterclaim @Nosy

Those search words find several.

Thanks, I already did counterclaim in my previous case so I have something to work with.

Is this defence sufficient in paragraph 3?

3. The Defendant’s lease grants an unfettered right to park in their allocated space, which cannot be fettered by a third-party scheme. The Claimant has no authority to override the lease or impose new terms. The Defendant accepts that when changing vehicles, their details were not updated promptly, but this does not extinguish the leasehold right to park in their own space. Further, the Claimant (via its solicitors) has already issued proceedings for other PCNs at the same location and vehicle. On 17 May 2025 the Defendant emailed BW Legal in response to a Letter of Claim dated 1 May 2025, specifically raising that all matters should have been consolidated. No reply was received. The pursuit of successive claims despite this warning is oppressive and an abuse of process, barred by cause of action estoppel (Henderson v Henderson [1843]).

1xvp1

Coupon-mad said:

Neither. You do it separately in MCOL but at the same time as defending (otherwise it's too late). There's a box for counterclaims. You have to pay a fee if counterclaiming.

Show us your draft counterclaim. To read threads about a few CC cases that succeeded, search the forum for:

Counterclaim @Nosy

Those search words find several.

This is my counterclaim:

"

Part 20 Counterclaim

1. The Defendant repeats paragraphs of the Defence insofar as relevant and brings a Counterclaim against the Claimant under Part 20 of the CPR.

2. The Claimant and/or its legal representatives have issued successive proceedings regarding multiple Parking Charge Notices (PCNs) for the same vehicle, location, and circumstances. These matters ought properly to have been brought together in one action.

3. On 17 May 2025 the Defendant emailed BW Legal in response to a Letter of Claim dated 1 May 2025, specifically raising this point and warning that the Claimant’s conduct amounted to an abuse of process. No reply was received. The Claimant has nevertheless continued to pursue further piecemeal claims.

4. This conduct amounts to cause of action estoppel, as established in Henderson v Henderson (1843) 3 Hare 100, where parties are prevented from bringing successive claims which ought to have been consolidated.

5. In addition, the Claimant has processed the Defendant’s personal data without lawful basis, contrary to the Data Protection Act 2018 and the UK GDPR. The Defendant’s lease provides an absolute right to park in their space, and no legitimate interest existed to obtain DVLA data or to pursue enforcement action against the Defendant.

6. The continued processing of the Defendant’s data, and the pursuit of unenforceable or successive claims despite prior notice, is oppressive, unlawful, and has caused distress, anxiety, and unnecessary time and expense.

7. The Defendant therefore seeks damages in the sum of £300, or such other amount as the Court considers just, for:

   • Misuse of personal data under the Data Protection Act 2018 / UK GDPR; and

   • The Claimant’s unreasonable and abusive conduct in issuing successive claims."

Coupon-mad

Both look perfect. Nice. I remember now you are already running a counterclaim on another thread. Good luck with them.

1xvp1

Coupon-mad said:

Both look perfect. Nice. I remember now you are already running a counterclaim on another thread. Good luck with them.

Thank you. I'm about to complete defence and counterclaim forms on MCOL, the counterclaim form was a concise summary of the counterclaim (see screenshot), I believe I need to email it now to CNBC, the full details with paragraphs as above?

Gr1pr

AFAIK,  you aren't emailing anything,  just complete the defence box and save, also complete the counterclaim section and save,  then pay the money and submit,  or vice versa 

So everything on MCOL,  no emails,  no paperwork 

Coupon-mad

Yep. Make sure you hit SUBMIT!

No emailing anything now.

1xvp1

Gr1pr said:

AFAIK,  you aren't emailing anything,  just complete the defence box and save, also complete the counterclaim section and save,  then pay the money and submit,  or vice versa 

So everything on MCOL,  no emails,  no paperwork 

Thanks, the process is different from what I did about 6 months ago with the first claim, so apologies for all the questions.

1xvp1

All paid and sent out now, thank you very much for the help, I will respond here once I have further information.