Advice needed please -

[Deleted User] · 20 July 2019 at 2:57PM

Hi we have received a County Court Claim form from BW legal re PCN issued on 19.07.15 at Berry Head Brixham by Premier Park Limited. The car is a family car and so far back we cannot recall who was driving it, claim form sent to registered keeper

We have researched the internet and currently have 45 pages of notes re Premier Park @ Berry Head Brixham.

Not sure it is entirely relevant to our defence but what we do not have is a photograph of the signage Premier Park used . We are wondering if anyone who did a POPLA appeal still has this.

Any advice greatfully received.

KeithP · 20 July 2019 at 3:25PM

I'll assume that the Claim Form came from the County Court Business Centre in Northampton. Please confirm.

With a Claim Issue Date of 18th July, you have until Tuesday 6th August 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 20th August 2019 to file your Defence.

That's a month away. Loads of time to produce a perfect Defence, but please 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.

[Deleted User] · 20 July 2019 at 3:41PM

Hi yes its come from Northampton BS and dated 18.07.19. Not signed though

I have been advised to make a subject access request to Premier Park and to delay AOS until nearly 14 days are up to allow time .

Redx · 20 July 2019 at 3:43PM

delaying the AOS achieves nothing at all, but the AOS does is double the thinking time for the defence to be formulated , delay is futile

definitely do the AOS, asap

KeithP · 20 July 2019 at 3:50PM

treetops wrote: »

Hi yes its come from Northampton BS and dated 18.07.19.

Ah, sorry. I misread your opening post. I have now adjusted your target dates in post #2 above.

treetops wrote: »

I have been advised to [...] delay AOS until nearly 14 days are up to allow time .

Your adviser is mistaken in that respect.

As I said in post #2 above...

...you have until Tuesday 6th August to do the Acknowledgement of Service, but there is nothing to be gained by delaying it.

The_Deep · 20 July 2019 at 3:56PM

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.

[Deleted User] · 20 July 2019 at 3:59PM

thanks by those timescales its likely we will not have received the information through from the Subject Access request. We have none of the original information from Premier Park Limited including the PCN.

Redx · 20 July 2019 at 4:00PM

correct, but you will have those details before the WS and EXHIBITS stage

draft your defence based on not having them and plan accordingly

BTW , the claim form was sent to the Registered Keeper, not owner

[Deleted User] · 20 July 2019 at 4:36PM

We have also been advised not to disclose who the driver of the car was ; given the PCN was in 07.2015 we would not be able to remember . Is this correct advice?

KeithP · 20 July 2019 at 5:09PM

treetops wrote: »

We have also been advised not to disclose who the driver of the car was ; given the PCN was in 07.2015 we would not be able to remember . Is this correct advice?

Yes, that's good advice.

RobinofLoxley · 21 July 2019 at 2:30AM

Hi treetops, BW Legal seem to be pursuing lots of claims for PCN's issued around 2015, they must be desperate.

Re Berry Head, Premier Park controlled the car park there from 2013 until they were kicked out in 2017. Though for most of that period the car park was still subject to a local authority traffic regulation order until the order was revoked by Torbay Council around August 2016.

The TRO gave the responsibility for the enforcement of the parking regulations and the issuing of Penalty Charge Notices to Torbay Council. So basically up until the end of August 2016 Premier Park should not have been issuing PCN's in the car park and it was definitley
not 'relevant land' as regards POFA 2012, so they could not transfer the liability for any charge to the vehicles keeper if they didn't know who the driver was.

I have photos of the signage from that time and other info you can have.

What are the Particulars of Claim?

Advice needed please -

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