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BW Legal - Any help very much appreciated...

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  • didgeridoooo
    didgeridoooo Posts: 366 Forumite
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    edited 19 August 2019 at 3:50PM
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    I don't know if it's a valid defence, I have to say I can't see how a photo showing a vehicle entering and leaving a private car park is proof of anything but the fact that the vehicle did enter and leave at the given times.
    Combatting the pandemic of BWLegal-19, one 'notice of discontinuance' at a time. :-)
  • KeithP
    KeithP Posts: 37,638 Forumite
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    Anything sent to either of the parties is served.

    So in the loosest use of English language one can talk about acknowledging service of a Letter of Claim.

    However, Acknowledgement of Service - note the capital letters there - is usually meant to be Acknowledgement of Service of the Particulars of Claim. I.e acknowledgement of service of the claim form.
  • didgeridoooo
    didgeridoooo Posts: 366 Forumite
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    Duh, of course, the capitals tell all. Will open my eyes next time. Thank you
    Combatting the pandemic of BWLegal-19, one 'notice of discontinuance' at a time. :-)
  • didgeridoooo
    didgeridoooo Posts: 366 Forumite
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    edited 14 June 2019 at 1:24PM
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    Should I SAR BWL?
    Combatting the pandemic of BWLegal-19, one 'notice of discontinuance' at a time. :-)
  • Coupon-mad
    Coupon-mad Posts: 131,669 Forumite
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    No reason why not.

    And tell them the recipient of the LBC is seeking debt advice. That ensures the case stays on hold for 30 days - time to get the SAR.

    But the more important SAR is always from the parking firm, not so much BW.
    I don't know if it's a valid defence, but knowing a bit about the law (civil) GENERALLY, I have to say I can't see how a photo showing a vehicle entering and leaving a private car park is proof of anything but the fact that the vehicle did enter and leave at the given times (if the machine was calibrated correctly).

    Who can prove the vehicle wasn't driven around for two hours waiting for a space, maybe it was full, maybe the vehicle broke down, maybe aliens didnapped it for two hours, burden of proof? I know I know, civil is balance of probabilities!

    But still, if they don't have a photo of the vehicle parked I tend to feel this point alone is worth trying in court.

    The only bloody reason they don't have such photos is again their insatiable profit motive, i.e. why pay someone to take pictures when you can just stick an ANPR camera on the gate? Well, the answer is..... to PROVE someone PARKED!
    There is just one answer to that question:

    ParkingEye Ltd v Beavis [2015] UKSC 67

    It's been tested and lost in the highest court in the land.

    :eek:
    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
  • KeithP
    KeithP Posts: 37,638 Forumite
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    Send the SAR to the PPC's Data Protection Officer as soon as possible.

    The sooner you send it, the sooner you get the answers, so the longer you have to digest that information.

    Yes, perhaps delay the "I am seeking debt advice" letter if you wish.
  • didgeridoooo
    didgeridoooo Posts: 366 Forumite
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    That makes a lot of sense, thanks very much. KP has the nuts. :D
    Combatting the pandemic of BWLegal-19, one 'notice of discontinuance' at a time. :-)
  • Redx
    Redx Posts: 38,084 Forumite
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    google MCOL and you will see that its the court claims system for small claims on the government website, a centralised system for small claims. the government have made online systems available for all kinds of official stuff , this is just one of many on their site

    if you receive an N1 form from the CCBC in Northampton then its a money claim, a court claim , where the claimant has paid a fee and issued the claim

    you probably wont find anything that says NOTICE TO KEEPER, the first postal NOTICE posted to THE KEEPER is the NOTICE TO KEEPER , after the PPC have obtained their details from the DVLA

    the lack of the words dont change the facts , the original postal PCN is the NTK

    if you have an N1 form, you do the AOS online and start drafting your defence (everyone has some legal points as part of their defence, see the concise defence by BARGEPOLE for the basics. any defence does NOT go to B W LEGAL, it would be emailed to the CCBC where the N1 came from

    the PPC likely monitor time on site , not the actual parking event, so you wont find photos of the vehicle being parked, just IN and OUT anpr photos and the time logged on site

    the EA2010 and frustration of contract by queuing to leave, plus the BPA CoP on GRACE PERIODS (CLAUSE 13) may allow for any overstay (the alleged transgression)
  • KeithP
    KeithP Posts: 37,638 Forumite
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    First question I have is, on the NEWbies thread (post 2) it says this:
    "Here is a guide to MCOL & how to acknowledge service (the first step), put together by a genuine PPC fighter:

    https://www.dropbox.com/s/xvqu3bask5m0zir/money-claim-online-How-to-Acknowledge.pdf?dl=0"
    I'm just a little surprised you didn't just click on that link to find out what it was about.
  • didgeridoooo
    didgeridoooo Posts: 366 Forumite
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    "I'm just a little surprised you didn't just click on that link to find out what it was about. " - I did actually, I shouldn't have asked what it was, as I did read the link. What I was mainly asking was why was it mentioned? It doesn't say "do this", it just says "here is a guide on.." so I was wondering where this fits in the order of things which must be done.
    Combatting the pandemic of BWLegal-19, one 'notice of discontinuance' at a time. :-)
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