Claim Form - BW Legal

satandrive · 20 May 2019 at 9:22PM

Hello all,

I received 3 parking fines whilst on holiday on my rented apartment.

Although my parking permit was displayed, the parking company (Parking & Property Management) had changed the colour of the permit and issued new permit, making my existing on invalid.

I was unaware of this, as this change of permit information was displayed on notice board on Ground floor, but I always used basement to go out and in. Also I never received the new permit through my letter box which the parking company allegedly delivered.

After my return from Holiday and speaking to them over phone, they gave me a temporary code while sending replacement permit. This again I never received and had the 4th Parking fine whilst the temporary code being displayed. (Apparently they had 7 day expiry) making my total number of parking fines to 4.

All my appeal was rejected directly by the parking company followed by the IAS appeal.

Couple of days before I received the Claim Forms (4 of them, each asking £240 which makes £1000 parking fine) from BW Legal which I am looking to defence and would need help.

I have read through the Newbie form and need help preparing my defence.

Please help!!

Below is my appeal that was rejected by the IAS. (Sorry later reading the forum realised should not have appealed to the IAS

)

Dear Sir/Madam,

I am the registered keeper of vehicle xxx xxx.

I am in receipt of “Notice to Keeper” from Parking & Property Management Ltd (PPM) with reference numbers xxxxxx, xxxx, xxxxx, xxxxxx.

I have responded to this notice and PPM have 'denied my appeal' on 27th September and informed me to contact IAS.

I therefore would like to appeal these notices on the following points:

I have been parking my vehicle in the same underground car park for the last 4 months with a valid permit. PPM changed the permit from red to blue and displayed this change information on a corner notice board. They said they will deliver the new permit to everyone but I never received it and continued to use the existing one. PPM are saying they delivered this on 23rd August but I never received it.

Whilst I was on holiday from 5th to 12th September they issued 3 parking fines to me for 3 days in a row (xxxxxx, xxxxxxx and xxxxx). (Holiday ticket and invoice attached as evidence)

After I came back from holiday I contacted them and they gave me a temporary code to display on windscreen, but never informed me that even this temporary code has an expiry date. They said they will resend me the new parking permit (charged me £10 to resend) and asked me to appeal these tickets through their normal appeal process. I again didn't receive this replacement parking permit and had a 4th fine issued to me (xxxxx) whilst the temporary code was still being displayed on the windscreen.

I contacted PPM again and they issued me another temporary code to display on the windscreen and said they will send the new parking permit for the 3rd time via registered post which I have now received. (Conversation email regarding this attached as evidence)

All these parking tickets have reason code "Not Displaying a Valid Permit" whilst existing permit being displayed - As PPM have failed to deliver the new parking permit repeatedly, I shouldn't be liable for any of these parking tickets.

All the 4 tickets relate to the failure of PPM to deliver the new parking permit to me, so I shouldn't have to raise 4 different appeals for this. However, I have now raised 3 separate appeals as PPM requested on their Prima Facie response on appeal xxxx.

I am happy to provide any further clarification or query you might have regarding this.

Yours faithfully,

KeithP · 20 May 2019 at 10:10PM

What is the Issue Date on each of your Claim Forms?

Did they come from the County Court Business Centre in Northampton, or from somewhere else?

Coupon-mad · 21 May 2019 at 2:05AM

I received the Claim Forms (4 of them, each asking £240 which makes £1000 parking fine)

You have FOUR separate N1 claim forms, all dated the same date?

satandrive · 21 May 2019 at 9:44AM

KeithP wrote: »

What is the Issue Date on each of your Claim Forms?

Did they come from the County Court Business Centre in Northampton, or from somewhere else?

Yes, it came from County Court Business Center in Northampton.

satandrive · 21 May 2019 at 9:46AM

Coupon-mad wrote: »

You have FOUR separate N1 claim forms, all dated the same date?

Yes, all four separate N1 claim forms all dated 16th May.

The_Deep · 21 May 2019 at 9:52AM

Have you read this?

https://parking-prankster.blogspot.com/2016/11/residential-parking.html

Why do you need a permit anyway? What does your lease/AST say about the need for a permit and a charge for its non display/ If it is silent on the matter it would appear that the lease/AST has primacy of contract and no contract with the scammers can exist.

How do the landlord/managing agent feel about a resident being pestered by a scammer for nearly £1,000?

Nine times out of ten these tickets are scams so complain to your MP.

Parliament is well aware of the MO of these private parking companies, and on 15th March 2019 a Bill was enacted to curb the excesses of these shysters. Codes of Practice are being drawn up, an independent appeals service will be set up, and access to the DVLA's date base more rigorously policed, persistent offenders denied access to the DVLA database and unable to operate.

Hopefully life will become impossible for the worst of these scammers, but until this is done you should still complain to your MP, citing the new legislation.

http://www.legislation.gov.uk/ukpga/2019/8/contents/enacted

Just as the clampers were finally closed down, so hopefully will many of these Private Parking Companies.

KeithP · 21 May 2019 at 12:31PM

satandrive wrote: »

Yes, it came from County Court Business Center in Northampton.

...and the answer to my other question??

satandrive · 21 May 2019 at 1:08PM

KeithP wrote: »

...and the answer to my other question??

They are all dated 16th May.

KeithP · 21 May 2019 at 1:15PM

satandrive wrote: »

They are all dated 16th May.

With a Claim Issue Date of 16th May, you have until Tuesday 4th June to do the Acknowledgement of Service, but there is nothing to be gained by delaying it. To do the AoS, follow the guidance offered in a Dropbox file linked from post #2 of the NEWBIES FAQ sticky thread. About ten minutes work - no thinking required.

Having done the AoS, you have until 4pm on Tuesday 18th June 2019 to file your Defence.

That's four weeks away. Loads of time to produce a perfect Defence, but don't leave it to the last minute.

When you are happy with the content, your Defence should be filed via email as suggested here:

Sign it and date it.
Scan the signed document back in and save it as a pdf.
Send that pdf as an email attachment to CCBCAQ@Justice.gov.uk
Just put the claim number and the word Defence in the email title, and in the body of the email something like 'Please find my Defence attached'.
Log into MCOL after a few days to see if the Claim is marked "defence received". If not chase the CCBC until it is.
Do not be surprised to receive an early copy of the Claimant's Directions Questionnaire, they are just trying to keep you under pressure.
Wait for your DQ from the CCBC, or download one from the internet, and then re-read post #2 of the NEWBIES FAQ sticky thread to find out exactly what to do with it.

Coupon-mad · 22 May 2019 at 1:46AM

satandrive wrote: »

Yes, all four separate N1 claim forms all dated 16th May.

So you need them consolidated by a Judge. Include in the 4 identical defences, the words you find (suitably edited) when you search for these keywords:

two claims? abuse of process

satandrive · 23 May 2019 at 2:44PM

Thank you everyone for the help and advice so far.

I spoke to my local Citizen Advice Bureau today and they have advised to pay this off (in protest) so the company stops all court proceeding and legal action.

And then once stopped, file a case with small claim court to recover money.

They advice is in that way, there will be no CCJ against me.

If I defend now and lose, there will be a CCJ on my credit file which will look bad to lenders.

Has anyone done something similar?

Claim Form - BW Legal

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