Help! MONEY CLAIM FROM BW LEGAL AFTER 5 YEARS 4 MONTHS

Mareczek · 6 January 2018 at 2:48AM

Hi

I would be very grateful for any advice on how to deal with an MCOL relating to a spurious 'parking charge' on 22 August 2012.

My daughter has received a set of claim forms today (5 January 2018) from the County Court Business Centre in Northampton, initiated by BW Legal Services on behalf of Excel Parking Services.

She appealed against the PCN promptly in 2012, on the grounds that she had never ever parked her car in The Square, Chorlton, Manchester. On the date concerned she did drive onto the car park with her late grandmother as a passenger, hoping to find a disabled space, as her grandmother was an elderly (88 years) wheelchair user. There were no disabled spaces available, so she left the car park immediately via the other entrance / exit.

Some time later after having had lunch elsewhere in Manchester, she returned to The Square Car Park via the entrance / exit she had previously departed from, as they wished to visit Boots the Chemist in the precinct. Again, there were no disabled spaces available, so she promptly left the car park via the opposite entrance / exit to the one she had just arrived in.

She explained all this in writing as per the firm's policy, and pointed out that if she had parked her vehicle in that car park, surely there must be photographic evidence of that. Of course there was no photographic evidence of her vehicle being parked in the car park. She did ask how could she be charged for parking if she could not park, as there were no disabled spaces available, and she left the car park immediately on establishing that. Excel did not respond to that query, but asked her to produce evidence that she had been somewhere else, at the time they asserted she was parked in the car park. At that point I got involved, and asked her to ignore any further communications from Excel.

She did not hear any more from anyone until last year, when she received several threatening phone calls from BW Legal (I don't know how they got her number), and a number of threatening letters from BW Legal. None of the original paperwork from over 5 years ago is available, nor are the more recent two letters from BW Legal (binned).

My daughter is a highly qualified and dedicated school teacher, and has never had any convictions or fines, motoring or otherwise. She is an innocent in these matters, and doesn't deserve this hassle.

BW Legal are claiming £100.00 PCN, interest of £39.22, 'contractual costs pursuant to PCN terms and conditions' of £54.00. In addition there is a £25.00 Court Fee, and Legal Representative's costs of £50.00. Total £268.22.

Sorry for the length of this saga. This event happened 5 years 4 months ago.

Thank You

nosferatu1001 · 6 January 2018 at 3:32AM

Hi!
Have you had chance to read the newbies thread?
Post 2

Please tell us issue date, and confirm that YOUR DAUGHTER has acknowledged the claim ONLINE ? If she hasn’t do it now. Do not do any5hing as regards a defence. Follow newbies thread precisely.

Mareczek · 6 January 2018 at 4:40AM

Hi nosferatu1001!

The Issue date is 04 JAN 2018.

Can I arrange for my daughter to do the acknowledgement online tomorrow (Saturday 6 JAN 2018)?

Thank you

claxtome · 6 January 2018 at 6:49AM

Can I arrange for my daughter to do the acknowledgement online tomorrow (Saturday 6 JAN 2018)?

Yes, the earlier the better.
Ensure she carefully follows the instructions in the NEWBIEs sticky post #2 (about half way through it) and doesn't put anything as a defence.

The defence comes later

Loadsofchildren123 · 6 January 2018 at 11:12AM

If you want to buy more time for your defence you don’t have to lodge the AoS for 14 days

Loadsofchildren123 · 6 January 2018 at 11:14AM

Does your daughter have any evidence (eg bank statement/credit card entry) to back up where she was? Grandmother is presumably elderly but can you get her to do a statement backing up daughter’s story?
Court has to decide on balance of probabilities who it believes. They are very likely to believe your daughter, particularly if she is backed up by grandmother.

Coupon-mad · 6 January 2018 at 2:43PM

Do tell your DD she will win this and there will be no CCJ or effect on her credit rating as long as you/she sticks around here. Right through until they virtually see the whites of her determined eyes and finally discontinue, or they lose against her at a hearing. She can claim her costs so keep a notebook and posting receipts, etc.

Mareczek · 6 January 2018 at 3:22PM

She does not have any receipts, and she paid cash for lunch that day. Unfortunately, her Grandmother passed away in 2016.

Coupon-mad · 6 January 2018 at 3:56PM

Posting receipts for costs purposes later, I meant. Although I see LOC123 mentioned getting bank statement proof.

Sorry to hear about her Grandmother, who seems to have lived an active long life despite her difficulties.

At the later Witness statement stage, the Defendant could instead include a WS from a another relative, e.g. you, because you know that it was Grandma driving.

Mareczek · 6 January 2018 at 7:53PM

For clarification purposes, my daughter was driving, her grandmother was a passenger in the car.

I have received different advice on the acknowlegment of service issue a) e mail it off immediately? b) emai it off anytime within 14 days?

Which should it be?

Thanks very much.

Umkomaas · 6 January 2018 at 8:08PM

I have received different advice on the acknowlegment of service issue a) e mail it off immediately? b) emai it off anytime within 14 days?

They’re both as good as each other, as either will give you 33 days from the date of issue shown in the top r/h corner of the court claim form (that’s 5 days for postal service plus 14 days standard allowance plus a further 14 days to produce your defence). Don’t leave it beyond the 5 days plus 14 to acknowledge, otherwise you’re into default judgment territory.

Sending in the AoS (but no defence at this stage) as soon as possible gets it out of the way and you can get on with drafting your defence. There is no merit or advantage in delaying the AoS.

Help! MONEY CLAIM FROM BW LEGAL AFTER 5 YEARS 4 MONTHS

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