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  • FIRST POST
    • Bookbug123
    • By Bookbug123 30th Jan 18, 10:56 AM
    • 42Posts
    • 19Thanks
    Bookbug123
    6 year old pcn county claim form received
    • #1
    • 30th Jan 18, 10:56 AM
    6 year old pcn county claim form received 30th Jan 18 at 10:56 AM
    Sorry for starting a new thread, please don't slate me. I have been reading the advice here all weekend and I am still lost and panicking.

    Basically, as registered keeper of a vehicle I no longer own, I received a pcn in 2012 for an alleged contravention (parking without displaying a valid ticket) on 28/01/2012. At the time, I believed that the driver on that day purchased a ticket but did not enter the full reg number. The pcn included photos of the car entering and leaving the car park.

    Back in 2012, I read the available advice and I believe that I did nothing (I say this because I think I started writing an appeal to Excel Parking Services and then decided better of it). I received the expected chain of letters including those from debt collection companies which came in flurries over the years. I have since sold the car and last year we moved house. During that process I shredded all of the correspondence thinking that we were approaching the six year mark and having not received anything recent.

    In October 2017 I received another letter at my new address and was surprised they had my new details. I now realise that letter was a LBC (it is headed Letter of Claim) but being busy with moving into a new house and heavily pregnant, I didn't look into it properly and I just ignored it the same as all previous correspondence. I now realise that was a mistake.

    This week I received the Claim form dated 26/01/2018. It includes the Particulars of Claim and the original 'debt' of 90 is now 262.80 as it includes initial legal costs, court fees and legal rep costs. It is signed by Claimants Legal Representative - BW Legal Services Limited.

    I don't know what I should do now. I feel like an idiot for missing the LBC and getting rid of all my previous correspondence. I am no longer even sure that as registered keeper I had a defense from the start. I really don't want to end up in court. I am reading the forums at night while feeding a new baby and getting very anxious about it all. I understand that I only have a short amount of time to respond to the county claim form and that it is too late now to respond to the original LBC. Do I go ahead with the AOS? Do I have reasonable grounds to defend this? Please help!
Page 6
    • Coupon-mad
    • By Coupon-mad 11th May 18, 9:52 PM
    • 57,309 Posts
    • 70,913 Thanks
    Coupon-mad
    You should not just throw a costs schedule in on the day. Judge may not allow it.
    PRIVATE PCN? DON'T PAY BUT DO NOT IGNORE IT TWO Clicks needed for advice:
    Top of the page: Home>>Forums>Household & Travel>Motoring>Parking Tickets, Fines & Parking - read the 'NEWBIES' FAQS thread!
    Advice to ignore is WRONG, unless in Scotland/NI.

    • Bookbug123
    • By Bookbug123 12th May 18, 9:45 PM
    • 42 Posts
    • 19 Thanks
    Bookbug123
    Oh !!!!!!. I took this bit in the newbies thread to mean that I only needed to take the cost schedule on the day...
    ..."you take this to the hearing and claim your costs for lost wages/leave, your travel, parking(!) etc. if you win"
    I guess it's worth a try to send it in late then?
    • Coupon-mad
    • By Coupon-mad 13th May 18, 2:01 AM
    • 57,309 Posts
    • 70,913 Thanks
    Coupon-mad
    It's not late.
    PRIVATE PCN? DON'T PAY BUT DO NOT IGNORE IT TWO Clicks needed for advice:
    Top of the page: Home>>Forums>Household & Travel>Motoring>Parking Tickets, Fines & Parking - read the 'NEWBIES' FAQS thread!
    Advice to ignore is WRONG, unless in Scotland/NI.

    • Bookbug123
    • By Bookbug123 17th May 18, 10:53 AM
    • 42 Posts
    • 19 Thanks
    Bookbug123
    Argghhhh! What a morning.

    Had to take baby with me because there was nobody to have her. Had emailed the court in advance to check.

    Judge was fine with her staying and Claimant's representative said she didn't think it would take long. Looking hopeful.

    Claimant' representative didn't have my trial bundle as it hadn't been sent to her by bw legal. She asked if she could sit next to me and read mine!

    Judge went through Keeper Liability, looked up CPS Vs AJH and there was a lot g discussion about vicarious liability and agency, much of which I followed! Rep fell back on presumption about me being driver. Judge seemed very taken by the idea that the PCN looked like scam mail and could be legitimately ignored. He seemed a little grumpy that it would be possible to ignore it as a means to avoid prosecution and simply deny driving but as the claimants could not offer any evidence that I was driver he decided to call it a day there. Claim failed.

    Bit disappointed in retrospect that I didn't get to go through the rest of my SA.

    I hadn't been able to get my costs in beforehand but he allowed parking and admin costs even without my receipts as the claimants rep had given up by then and said she didn't think they needed to be shown. As I'm on mat leave he didn't allow for my time (grrrr) but by then I could see the finish line and the baby was grumbling so I didn't argue.

    In short. I win!!!!

    Thank you all soooooo much for your help!!!
    Last edited by Bookbug123; 17-05-2018 at 12:50 PM.
    • Castle
    • By Castle 17th May 18, 12:20 PM
    • 1,697 Posts
    • 2,293 Thanks
    Castle
    Argghhhh! What a morning.

    Had to take baby with me because there was nobody to have her. Had emailed the court in advance to check.

    Judge was fine with her staying and Defendants representative said she didn't think it would take long. Looking hopeful.

    Defendant's representative didn't have my trial bundle as it hadn't been sent to her by be legal. She asked if she could sit next to me and read mine!
    Originally posted by Bookbug123
    Well done...I'm guessing you meant Claimant's representative.
    • Bookbug123
    • By Bookbug123 17th May 18, 12:33 PM
    • 42 Posts
    • 19 Thanks
    Bookbug123
    Ha yes, brain has totally give up for today.
    • Coupon-mad
    • By Coupon-mad 18th May 18, 1:24 AM
    • 57,309 Posts
    • 70,913 Thanks
    Coupon-mad
    VERY well done you! And baby!

    Another one bites the dust, again!

    In fact you can claim for 'loss of leave' under the rules. Bad luck he didn't know/care.
    PRIVATE PCN? DON'T PAY BUT DO NOT IGNORE IT TWO Clicks needed for advice:
    Top of the page: Home>>Forums>Household & Travel>Motoring>Parking Tickets, Fines & Parking - read the 'NEWBIES' FAQS thread!
    Advice to ignore is WRONG, unless in Scotland/NI.

    • beamerguy
    • By beamerguy 18th May 18, 11:11 AM
    • 7,312 Posts
    • 9,738 Thanks
    beamerguy
    Well done Bookbug123

    EXCEL/BWLEGAL lose again.

    I have taken the liberty to add your post to

    https://forums.moneysavingexpert.com/showthread.php?t=5672664&highlight=bwlegal+the+lis t
    RBS - MNBA - CAPITAL ONE - LLOYDS

    DISGUSTING BEHAVIOUR
    • nosferatu1001
    • By nosferatu1001 18th May 18, 11:16 AM
    • 2,432 Posts
    • 2,980 Thanks
    nosferatu1001
    well done! Nice result, and he should be aware thats why POFA was brought in - if the C choose not to use it, its hardly the Ds fault!
    • Coupon-mad
    • By Coupon-mad 18th May 18, 5:32 PM
    • 57,309 Posts
    • 70,913 Thanks
    Coupon-mad
    Just bumping this again to show other posters what can be achieved.

    PRIVATE PCN? DON'T PAY BUT DO NOT IGNORE IT TWO Clicks needed for advice:
    Top of the page: Home>>Forums>Household & Travel>Motoring>Parking Tickets, Fines & Parking - read the 'NEWBIES' FAQS thread!
    Advice to ignore is WRONG, unless in Scotland/NI.

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