BW Legal Claim Form

beamerguy · 2 October 2018 at 7:58PM

Coupon-mad wrote: »

- why they waited nearly 3 years to bring this to court and why they believe their own negligence and delay should earn a Claimant 8% interest, to the imbalance of a consumer's right and interests.

A very good point ....... maybe we have missed this one

Using fake money to earn interest better than the bank rate

Sequoia1 · 2 October 2018 at 7:58PM

Yes it is all pretty vague, I requested the SAR as the registered keeper. I’m looking through other defences looking for similar cases. Not sure if I will get a response for the SAR this company flits from one address to another. There was no details of a contract between PAS and the landowner on the notice board. Also the car park is managed by NWCP now.
Am I right in thinking the deadline will be 29/10 if the issue date was 27/09 just checking as going to visit family at the weekend.

KeithP · 2 October 2018 at 8:05PM

Sequoia1 wrote: »

Am I right in thinking the deadline will be 29/10 if the issue date was 27/09 just checking as going to visit family at the weekend.

No, because there are only thirty days in September.

With a Claim Issue Date of 27th September, and having done the AoS in a timely manner, you have until 4pm on Tuesday 30th October 2018 to file your Defence.

That's almost four weeks away. Plenty of time to hone your Defence to perfection.

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

1) Print your Defence.
2) Sign it and date it.
3) Scan the signed document back in and save it as a pdf.
4) Send that pdf as an email attachment to CCBCAQ@Justice.gov.uk
5) 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'.
6) Log into MCOL after a few days to see if the Claim is marked "defended". If not chase the CCBC until it is.
7) Wait for your Directions Questionnaire and then re-read post #2 of the NEWBIES thread to find out exactly what to do with it.

Sequoia1 · 3 October 2018 at 9:39PM

Good evening all, I sent the SAR yesterday to PAS and guess what, got it back today there were 2 letters the initial PCN and a final demand no copies of the ones from Vanquish or Debt Logic. Also the photos of the car which does include one of the rear of the car with VRN, must have been holding that one back. Clearly states on both letters and the signage the contract is between PAS and the driver.
This is a section of the letter that refers to the keeper which also shows an incorrect date.

“On (19/08/2014) a Notice to Keeper was sent to you in relation to a Parking Charge Notice that was issued on the 08/03/2016. As stated in the Notice to Keeper if you failed to provide us with the details of the driver at the time of
issue, or make payment of the amount due within 28 days of its issue, then under the terms of Schedule 4 of the Protection of Freedoms Act 2012, you as the keeper, are now liable for this charge.
.
The Parking Charge Notice was issued because the vehicle registered to you was not seen to be following the conditions of use for the premises. The conditions were clearly displayed on signage throughout our client’s site and were agreed to when the driver parked.
You have 14 days from the issue of this Notification of Keeper Liability to settle the amount due to the right. Failure to do so will may result in court proceedings being filed against you.”

Is the best way to defend this as no liability as the keeper and poor signage?

Coupon-mad · 3 October 2018 at 9:47PM

no copies of the ones from Vanquish or Debt Logic. Also the photos of the car which does include one of the rear of the car with VRN, must have been holding that one back.

Reply back to the DPO and say ''try again, you've withheld debt collector letters sent on your behalf and you have withheld at least one photo''. Tell them they now have 48 hours to produce all data held, or you will report the data they've withheld, to the ICO.

Janeyf_2 · 3 October 2018 at 9:51PM

I can see that you have the same information as me with regard to “on the 19/8/2014 a Notiice to Keeper was sent to you in relation to a parking charge notice that was issued on the 19/07/2016”. ???? This was 2 years previous to the actual event. Can this be used against parking awareness legally as a loophole ?

Sequoia1 · 3 October 2018 at 9:57PM

I don’t know Janeyf, one of our experts will need to answer this.

Coupon-mad · 3 October 2018 at 10:00PM

Janeyf wrote: »

I can see that you have the same information as me with regard to “on the 19/8/2014 a Notiice to Keeper was sent to you in relation to a parking charge notice that was issued on the 19/07/2016”. ???? This was 2 years previous to the actual event. Can this be used against parking awareness legally as a loophole ?

No it can't. Read the NEWBIES thread, and read the example defences.

Please stop looking for loopholes, our defences are not about that.

Sequoia1 · 3 October 2018 at 11:55PM

Interesting reply from PAS suggesting I send a SAR to the debt recovery companies. They have the same address as PAS I think it is well know that he is behind them all! Still there is 1 missing letter from PAS.

Coupon-mad · 3 October 2018 at 11:58PM

One missing letter and one missing photo, from PAS themselves?

What about other data streams, such as the case status report (their online record)? They MUST have your data in electronic format with updates such as 'NTK sent', or 'appeal received' so did they cough that up?

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