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BW Legal Court Papers

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Supersaver2017
Supersaver2017 Posts: 51 Forumite
in Parking tickets, fines & parking
Hi Guys,

Just want to start by thanking anyone who has posted any information/advice on these forums, it has been invaluable in getting me to this stage.

Let me summarise where I currently stand.

I have recently been sent a County Court Claim Form from BW Legal on behalf of Excel Parking Services. I initially received a letter back dating to June 2014, which states payment had not been made for a parking in a pay-and-display car park. The driver on the day had purchased a ticket and had incorrectly entered their registration plate.

I responded to the first letter after reading advice on here, acknowledging the letter but specifying it did not meet the required 'Letter Before Claim' criteria.

I received another letter stating that they felt they had provided the required information and asking for payment once again. I then (as advised on here) sent another letter breaking down further the information relating to the Practice Direction about what is needed in order for me to respond correctly, and strangely I then was sent a letter stating that as they had no reply from me (since their first letter, despite this being dated 3 weeks after) they were going to start Court Proceedings.

I replied again stating that I had maintained correspondence and have the email dates to prove this, but instead received the Court Claim forms a few days ago.

I am now drafting my defence on a number of points and will post on here ASAP, but until then any advice on what to focus on as a rough guide or any questions about the situation would be welcomed.

Thanks to all in advance
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Comments

  • beamerguy
    beamerguy Posts: 17,587 Forumite
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    And does the court claim fully comply to the
    new procedure ?

    Sounds like BWLegal are on the funny stuff again

    Next they will be saying they are relying on
    Elliot v Loake :rotfl::rotfl::rotfl:

    Let us see what your defence will be
  • Supersaver2017
    Supersaver2017 Posts: 51 Forumite
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    Hi Beamerguy,

    Thanks for the speedy reply

    What would the new procedure refer to?

    It has provided the particulars of the claim which are as follows:
    The Claimaints Claim is for the sum of £100.....relating to PCN of said car
    28 days to pay but failure to do so
    Interest added to the claim of 8% per annum
    £54 for contractual costs PCN T&C's

    Amount Claimed: 179.90
    Court fee: 25
    Legal rep's: 50
    Total: 254.90
  • Supersaver2017
    Supersaver2017 Posts: 51 Forumite
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    I have read up for hours on all the Newbies thread, advice from Bargepole and Coupon-Mad etc. I have filed my Acknowledgement today also. So I remain in the process of gathering information for my defence across the many different cases.
  • bargepole
    bargepole Posts: 3,231 Forumite
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    edited 5 January 2018 at 6:16PM
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    craigmc2109 wrote: »
    The driver on the day had purchased a ticket and had incorrectly entered their registration plate.

    It sounds very similar to this case: http://parking-prankster.blogspot.co.uk/2016/09/excel-parking-get-gladstonedby-bw-legal.html, and may even be the same car park.

    Here is the link to the Judgment transcript: nebula.wsimg.com/bfcdd95c68b82bcc6b68408a75d23021?AccessKeyId=4CB8F2392A09CF228A46&disposition=0&alloworigin=1

    Your defence should be built around that.

    I have been providing assistance, including Lay Representation at Court hearings (current score: won 57, lost 14), to defendants in parking cases for over 5 years. I have an LLB (Hons) degree, and have a Graduate Diploma in Civil Litigation from CILEx. However, any advice given on these forums by me is NOT formal legal advice, and I accept no liability for its accuracy.
  • The_Deep
    The_Deep Posts: 16,830 Forumite
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    Is your computer playing up Mr C or is it mine, that link goes nowhere.
    You never know how far you can go until you go too far.
  • beamerguy
    beamerguy Posts: 17,587 Forumite
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    craigmc2109 wrote: »
    I have read up for hours on all the Newbies thread, advice from Bargepole and Coupon-Mad etc. I have filed my Acknowledgement today also. So I remain in the process of gathering information for my defence across the many different cases.

    Bargepole above has probably given you the best
    comparitive case to yours ..

    Note: It is the BWLegal bunch again
  • beamerguy
    beamerguy Posts: 17,587 Forumite
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    The_Deep wrote: »
    Is your computer playing up Mr C or is it mine, that link goes nowhere.

    It's the Judgment transcript link
  • bargepole
    bargepole Posts: 3,231 Forumite
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    The_Deep wrote: »
    Is your computer playing up Mr C or is it mine, that link goes nowhere.

    It works if you take out the http://

    I have been providing assistance, including Lay Representation at Court hearings (current score: won 57, lost 14), to defendants in parking cases for over 5 years. I have an LLB (Hons) degree, and have a Graduate Diploma in Civil Litigation from CILEx. However, any advice given on these forums by me is NOT formal legal advice, and I accept no liability for its accuracy.
  • beamerguy
    beamerguy Posts: 17,587 Forumite
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    bargepole wrote: »
    It works if you take out the http://

    Nope

    This XML file does not appear to have any style information associated with it
  • bargepole
    bargepole Posts: 3,231 Forumite
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    OK, go to this page: http://www.parking-prankster.com/case-law.html, and click on the case reference CS033

    I have been providing assistance, including Lay Representation at Court hearings (current score: won 57, lost 14), to defendants in parking cases for over 5 years. I have an LLB (Hons) degree, and have a Graduate Diploma in Civil Litigation from CILEx. However, any advice given on these forums by me is NOT formal legal advice, and I accept no liability for its accuracy.
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