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County Court Claim - BW Legal.. Help!!!

Hi Folks.

Just looking for a little advice before I finish of my defense.

So a county court claim was issued against me for failing to display a valid permit in a Premier Parking controlled street. The street is where my children's school is and there is an agreement that people can park and drop/collect their children off in the mornings and after school. On the day the PCN was issued the driver it would appear failed to display the permit (its a bit of paper from the school) its also possible it may have dropped down when closing the door? Either way no permit was showing and Premier Parking have photos to show this.

I initially emailed them asking them to cancel along with a photo of my permit. They ignored this and I didn't hear anything from the for a long time.

I received a few further letters from them with demands for money but I ignored these (yes I am aware now i shouldn't have, but this is where we are).

I do not recall receiving a letter before action. Just the court papers.

I emailed them asking for all information they have and they have provided pictures and the first couple of letters.

So a couple of questions..
Does the initial PCN letter have to be sent within so many days of receiving the ticket? Or is the ticket the notification?
Can i fight this as ticket fell off display?

Any help would be appreciated.

I would also add that Premier Parking use to prey on the school users turning up at school drop off times.

Thanks.
«13

Comments

  • Coupon-mad
    Coupon-mad Posts: 130,572
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    Premier Parking
    Who? Premier Park? Premier Parking Solutions? Solicitor involved, or not?
    I initially emailed them asking them to cancel along with a photo of my permit.
    Good, but did you say or imply who was driving when you emailed?
    I do not recall receiving a letter before action. Just the court papers.

    I emailed them asking for all information they have and they have provided pictures and the first couple of letters.
    OK, so have you acknowledged the service of that claim, to buy time to work on your defence?

    Search the forum for 'fluttering' as your keyword (change search to SHOW POSTS).
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top of this/any page where it says:
    Forum Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • nosferatu1001
    nosferatu1001 Posts: 12,961
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    1) Read the newbies thread
    2) You have no choice but to acknowledge the claim ONLINE. Today. Defend in full, NOTHING at all in the defence yet, and do not contest jurisdiction unless you live outside E&W
    Confirm back you have done this
    3) Tell us the ISSUE DATE of the claim form. Once acknowledged you have 33 days calendar for the court to RECEIVE your printed, signed, scanned and EMAILED defence

    To your q's:
    a) In order to hol dthe keeper liable under pOFA the NtK must be recievd between 29 and 56 days starting the day after the incident.
    b) Yes of course you can fight it.

    But for a) to matter, we need to know a definitive answer: has the DRIVER of the vehicle been idntifie? yes or No. Do not elaborate.
  • owlsman
    owlsman Posts: 11 Forumite
    edited 8 October 2018 at 10:22AM
    Hi.

    Apologies. It is Premier Parking Solutions who issued the ticket and BW Legal are now the solicitors. I made no reference to whom was driving when I initially sent my appeals letter and finally yes I have already done the acknowledgment of service.

    I will look up the fluttering defense and post back.

    Thanks.
  • The_Deep
    The_Deep Posts: 16,830 Forumite
    edited 8 October 2018 at 10:31AM
    What a waste of the Court's time. IMO, a sensible judge would regard this as a very trifling matter indeed, and the Law does not concern itself with trifles,

    https://en.wikipedia.org/wiki/De_minimis

    To demand monies for breach of contract when no damages have been incurred, and the breach was probably accidental, is dishonest bordering on fraud.

    I do not recall receiving a letter before action. Just the court papers.


    If BW Legal did not comply with the very strict procedures which they are bound to by their status as officers of the court, complain to their regulatory body, the SRA.

    http://www.sra.org.uk/home/home.page

    How much are they asking for? My bet is that the claim has been inflated by unlawful add ons, another reason to complain to the SRA..

    This is an entirely unregulated industry which is scamming the public with inflated claims for minor breaches of contracts for alleged parking offences, aided and abetted by a handful of low-rent solicitors.

    Parking Eye, CPM, Smart, and another company have already been named and shamed, as has Gladstones Solicitors, and BW Legal, (these two law firms take hundreds of these cases to court each year). They lose most of them, and have been reported to the regulatory authority by an M.P.
    for unprofessional conduct

    Hospital car parks and residential complex tickets have been especially mentioned.

    The problem has become so rampant that MPs have agreed to enact a Bill to regulate these scammers. Watch the video of the Second Reading in the House of Commons recently

    http://parliamentlive.tv/event/index/2f0384f2-eba5-4fff-ab07-cf24b6a22918?in=12:49:41 recently.

    and complain in the most robust terms to your MP. With a fair wind they will be out of business by Christmas.
    You never know how far you can go until you go too far.
  • beamerguy
    beamerguy Posts: 17,587
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    If this a real court demand, it would have come from
    Northampton

    Are you sure you never received an LBA which would have
    included forms to complete.

    This is a legal requirement for BWLegal to follow and
    provide evidence they wish to rely upon

    Is it the school who took on the parking vermin ?
    Have you spoken to the school ?

    You need to understand that BWLegal are a hapless firm
    and as such have problems in court regarding parking

    This will show you some of their antics
    https://forums.moneysavingexpert.com/showthread.php?t=5672664

    You were at the school for a reason, to collect your child
    and you have a permit albiet the wind blew it to the floor

    This is so trivial and not what the county court was set
    up for.

    The PPC has acted in an unreasonable manner and passed
    their stupid ideas to BWLegal.

    A judge would consider this a timewasting exercise
    by BWLegal

    So, have you got an LBA from BWLegal, if not and they
    went straight to court action, they are in trouble as you
    have not been given the right to respond
  • Coupon-mad
    Coupon-mad Posts: 130,572
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    owlsman wrote: »
    Hi.

    Apologies. It is Premier Parking Solutions who issued the ticket and BW Legal are now the solicitors.
    You and eleven others on here:

    Usernames are:

    Prinndogs

    SingStar101

    Justice13075

    NikiFm

    Palec

    Matilda13

    phoenixfreespirit

    bows

    earth_moon626

    elithia

    Cawills2018


    Now your task is to use the forum to go and find and read their threads and bookmark them, and I'd suggest sending them a pm so you can all hold each other hands through this to come out winning on the other side.

    I won't provide links to threads; I never do. But several of them have already been drafting a court defence, that you can crib from where relevant.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top of this/any page where it says:
    Forum Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • owlsman
    owlsman Posts: 11 Forumite
    So in answer to some questions.

    Yes the court papers were issued from Northampton County Court.

    The school have not at this time taken on Premier Parking although I am sure the head will be happy to provide a statement to confirm that my children attend the school there and that I would have been issued with a paper permit.

    Finally I am sure that I never received the LBA... Should I contact BW Legal to confirm when this was sent?

    Thanks again folks..
  • The_Deep
    The_Deep Posts: 16,830 Forumite
    CM, if it is not too much trouble, I suggest that you DO provide links. It is all very well making OPs jump through your hoops, but many people do not have the free time that you appear to have to deal with irritants such as PCNs.
    You never know how far you can go until you go too far.
  • Coupon-mad
    Coupon-mad Posts: 130,572
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    edited 8 October 2018 at 10:51AM
    Nope, sorry DP, I have a lot less time than you think and do this while multitasking or late at night - it is not in any really 'free' time. I reply to each person in less than a minute (unless I write a defence).

    There is NO WAY I am linking eleven threads, which stops a newbie learning how to use the forum! Absolutely pointless and helps no-one except the clueless or lazy, and those people will not be likely to win a court case. Those who sit up and work on their case, and use the forum well, win, and that's why we have such a high win rate IMHO.

    You seem to think I'm twiddling my thumbs. I have a responsible job in fact, and this is just a diversion.
    I am sure that I never received the LBA... Should I contact BW Legal to confirm when this was sent?
    No, it's less important than you think, just mention it in your defence.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top of this/any page where it says:
    Forum Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • beamerguy
    beamerguy Posts: 17,587
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    owlsman wrote: »
    So in answer to some questions.

    Yes the court papers were issued from Northampton County Court.

    The school have not at this time taken on Premier Parking although I am sure the head will be happy to provide a statement to confirm that my children attend the school there and that I would have been issued with a paper permit.

    Finally I am sure that I never received the LBA... Should I contact BW Legal to confirm when this was sent?

    Thanks again folks..

    So who took on Premier Parking ? Does anyone know.

    Yes, get to head to confirm in writing.

    Two trains of thought, you can ask BWLegal to send a copy
    of the LBA to see what they will do, or wait, go to court,
    tell the judge you never received an LBA for you to respond
    to as per protocol. I think we all agree that BWLegal
    will get another court whooping whereby you can claim costs

    If you do contact BWL do not do it by phone as they
    employ prize turkeys to harass you.
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