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  • FIRST POST
    • youdontsay
    • By youdontsay 5th Feb 18, 6:19 PM
    • 69Posts
    • 53Thanks
    youdontsay
    Six year old ticket
    • #1
    • 5th Feb 18, 6:19 PM
    Six year old ticket 5th Feb 18 at 6:19 PM
    About a week ago I received a claim form telling me I was about to be taken to court for a ticket I allegedly received 6 years ago., and that 262 is payable by me.This was the first knowledge I have of this and have no recollection of it even happening.
    Over the last week I have scoured the internet and have read lots of advice I believe Im more limited as to what I can do because Excel who operate the car park are not a member of the BPA?
    I have also been to the Citizens advice bureau who I believe said that I was limited as to what I can do because court proceedings are already in the pipeline.
    I am quite frantic as I cannot pay this amount and even this morning as I was again searching on this site and various others, I received a letter from BW Legal who represent Excel to say I will be going to court.
    I rang BW legal to request the evidence and they have instructed me to contest the claim due to having no knowledge previously, and also to request the evidence myself.
    I think the most likely scenario is that the car may have been driven in and straight back out without parking as very few people use this particular car park as it is widely known in the area for its unfair practices.
    I have written the letter and sent it today, but is there anything else I should have done in order to get this turned around?
    The letter was worded as follows
    'I received a claim form from Northampton Courts approx a week ago, stating that I was being taken to court for an alleged parking offence. This is the first knowledge I have of this as the parking ticket was nearly six years old. There is an issue with postal services as there is a house nearby which has practically an identical address but, having scoured the internet for advice on this matter, I understand that there should have been many steps prior to this action, and I fail to believe that all correspondence would have gone astray. I request that you send me the evidence that you hold which has led you to believe a parking offence has been committed, without which this issue cannot go forward. Please send me the necessary evidence. Thank you'
    The date of the ticket was 12th Feb 2012, so actually just under six years.
    Last edited by youdontsay; 05-02-2018 at 10:32 PM. Reason: Wording error
Page 3
    • youdontsay
    • By youdontsay 5th Feb 18, 11:59 PM
    • 69 Posts
    • 53 Thanks
    youdontsay
    Six year old ticket
    could it not be filed online and beat the post ?

    Ralph
    Originally posted by Ralph-y
    Do you mean to fill it in tonight?
    • Redx
    • By Redx 6th Feb 18, 12:00 AM
    • 17,832 Posts
    • 22,489 Thanks
    Redx
    could it not be filed online and beat the post ?

    Ralph
    Originally posted by Ralph-y
    OR

    can the OP youdontsay telephone the CCBC in Northampton tomorrow morning and get them to disregard the defence that was posted by royal mail and therefore not enter it into the court at this time ?

    I cannot believe that BW LEGAL have guided a defendant into how to fill her claim form in to their advantage !!!!!!!!!!!!!
    Newbies !!
    Private Parking ticket? check the 2 sticky threads by coupon-mad and crabman in the Parking Tickets, Fines & Parking Board forum for the latest advice or maybe try pepipoo or C.A.G. or legal beagles forums if you need legal advice as well because this parking forum is not about debt collectors or legal matters per se
    • Ralph-y
    • By Ralph-y 6th Feb 18, 12:01 AM
    • 2,572 Posts
    • 3,201 Thanks
    Ralph-y
    just an idea ..... but do not do anything like that unless others say so ....

    Ralph
    • youdontsay
    • By youdontsay 6th Feb 18, 12:02 AM
    • 69 Posts
    • 53 Thanks
    youdontsay
    Six year old ticket
    No, it's fine. Get some sleep and come back and we will help you to formulate a defence, like the ones you see in post #2 of the NEWBIES thread (read them first).
    Originally posted by Coupon-mad
    So dont worry about doing it online tonight? Im sorry to sound so stupid Im relieved to have found some people who will help me but still terrified of going to court
    • Coupon-mad
    • By Coupon-mad 6th Feb 18, 12:02 AM
    • 56,350 Posts
    • 69,955 Thanks
    Coupon-mad
    Do you mean to fill it in tonight?
    Originally posted by youdontsay
    No. No-one has said fill things in tonight.
    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.

    • youdontsay
    • By youdontsay 6th Feb 18, 12:05 AM
    • 69 Posts
    • 53 Thanks
    youdontsay
    Six year old ticket
    No. No-one has said fill things in tonight.
    Originally posted by Coupon-mad

    I think Ralph-y suggested doing it online so that the posted one wouldnt count And someone else suggested phoning the court in the morning and telling them I wanted it disregarded
    • Redx
    • By Redx 6th Feb 18, 12:06 AM
    • 17,832 Posts
    • 22,489 Thanks
    Redx
    the main issue here is your admission that as well as the N9B AOS acknowledgement (which needed doing anyway, either ONLINE or by post) , that you have filled in the defence and signed it as a statement of truth

    and that when you did this under instructions from the opposition, that you have actually submitted a terrible defence to the court itself, which BW LEGAL will see and pay the court fee later down the line, hoping they will win against an uninformed victim who does not know the legal system (even though BW LEGAL told you what to do, you are not their client , EXCEL is)

    it is getting that defence form cancelled before it goes to the initial judge that needs doing , as amending it costs a lot of money

    you should do the AOS online , tonight , and leave the defence box blank when you do so
    Newbies !!
    Private Parking ticket? check the 2 sticky threads by coupon-mad and crabman in the Parking Tickets, Fines & Parking Board forum for the latest advice or maybe try pepipoo or C.A.G. or legal beagles forums if you need legal advice as well because this parking forum is not about debt collectors or legal matters per se
    • youdontsay
    • By youdontsay 6th Feb 18, 12:08 AM
    • 69 Posts
    • 53 Thanks
    youdontsay
    Six year old ticket
    the main issue here is your admission that as well as the N9B AOS acknowledgement (which needed doing anyway, either ONLINE or by post) , that you have filled in the defence and signed it as a statement of truth

    and that when you did this under instructions from the opposition, that you have actually submitted a terrible defence to the court itself, which BW LEGAL will see and pay the court fee later down the line, hoping they will win against an uninformed victim who does not know the legal system (even though BW LEGAL told you what to do, you are not their client , EXCEL is)

    it is getting that defence form cancelled before it goes to the initial judge that needs doing , as amending it costs a lot of money

    you should do the AOS online , tonight , and leave the defence box blank when you do so
    Originally posted by Redx

    How do I do that?
    • Coupon-mad
    • By Coupon-mad 6th Feb 18, 12:09 AM
    • 56,350 Posts
    • 69,955 Thanks
    Coupon-mad
    you should do the AOS online , tonight , and leave the defence box blank when you do so
    How do I do that?
    I already told you where to find the pictorial walk-through AOS, in the NEWBIES thread. A fellow PPC fighting woman produced a really simple guide, page by page, or how to do the AOS.
    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.

    • Redx
    • By Redx 6th Feb 18, 12:10 AM
    • 17,832 Posts
    • 22,489 Thanks
    Redx
    by logging in ONLINE using the details they sent you, like the BARGEPOLE post tells you linked in that NEWBIES FAQ sticky thread by coupon-mad , 3 threads down at the top of this forum tells you to do

    or as CM says above

    you are definitely doing the headless chicken impression, and nothing is sinking in
    Newbies !!
    Private Parking ticket? check the 2 sticky threads by coupon-mad and crabman in the Parking Tickets, Fines & Parking Board forum for the latest advice or maybe try pepipoo or C.A.G. or legal beagles forums if you need legal advice as well because this parking forum is not about debt collectors or legal matters per se
    • youdontsay
    • By youdontsay 6th Feb 18, 12:10 AM
    • 69 Posts
    • 53 Thanks
    youdontsay
    Six year old ticket
    the main issue here is your admission that as well as the N9B AOS acknowledgement (which needed doing anyway, either ONLINE or by post) , that you have filled in the defence and signed it as a statement of truth

    and that when you did this under instructions from the opposition, that you have actually submitted a terrible defence to the court itself, which BW LEGAL will see and pay the court fee later down the line, hoping they will win against an uninformed victim who does not know the legal system (even though BW LEGAL told you what to do, you are not their client , EXCEL is)

    it is getting that defence form cancelled before it goes to the initial judge that needs doing , as amending it costs a lot of money

    you should do the AOS online , tonight , and leave the defence box blank when you do so
    Originally posted by Redx
    Could you help me to do that please? How do I access that form online?
    • pappa golf
    • By pappa golf 6th Feb 18, 12:11 AM
    • 8,706 Posts
    • 9,295 Thanks
    pappa golf
    chill out get some sleep , people are thinking behind the scenes, you will get the best answer tommorrow v

    please , now you see what BW are like , lieing cheating $%$%&^*((&^

    not to be trusted
    Save a Rachael

    buy a share in crapita
    • Redx
    • By Redx 6th Feb 18, 12:14 AM
    • 17,832 Posts
    • 22,489 Thanks
    Redx
    Could you help me to do that please? How do I access that form online?
    Originally posted by youdontsay
    I have NEVER done it, never needed to and do not wish to either

    but I would be following that pictorial guide linked in the post coupon-mad told you to read, same as everyone else is told to do

    I am guiding you based on what experienced posters have written that is linked in that post #2 you were told to read

    also I would have thought that the MCOL website has pdf documents that explain their process online

    MCOL means MONEY CLAIM ON LINE

    you have been a member here for 11 YEARS, you should have come to us a week ago
    Last edited by Redx; 06-02-2018 at 12:16 AM.
    Newbies !!
    Private Parking ticket? check the 2 sticky threads by coupon-mad and crabman in the Parking Tickets, Fines & Parking Board forum for the latest advice or maybe try pepipoo or C.A.G. or legal beagles forums if you need legal advice as well because this parking forum is not about debt collectors or legal matters per se
    • KeithP
    • By KeithP 6th Feb 18, 12:16 AM
    • 6,713 Posts
    • 5,955 Thanks
    KeithP
    Here is a link to the guide that is linked from the NEWBIES:

    https://www.dropbox.com/s/xvqu3bask5m0zir/money-claim-online-How-to-Acknowledge.pdf?dl=0
    .
    • youdontsay
    • By youdontsay 6th Feb 18, 12:18 AM
    • 69 Posts
    • 53 Thanks
    youdontsay
    Six year old ticket
    by logging in ONLINE using the details they sent you, like the BARGEPOLE post tells you linked in that NEWBIES FAQ sticky thread by coupon-mad , 3 threads down at the top of this forum tells you to do

    or as CM says above

    you are definitely doing the headless chicken impression, and nothing is sinking in
    Originally posted by Redx
    So I would just tick the box which says I dont admit the offence, but write nothing in the defence box, is that correct?
    • pappa golf
    • By pappa golf 6th Feb 18, 12:26 AM
    • 8,706 Posts
    • 9,295 Thanks
    pappa golf
    if you fo it online you will recieve achnolagement of recept , therefore they should not accept the second one recieved thru the post

    https://www.dropbox.com/s/xvqu3bask5m0zir/money-claim-online-How-to-Acknowledge.pdf?dl=0
    Save a Rachael

    buy a share in crapita
    • Redx
    • By Redx 6th Feb 18, 12:29 AM
    • 17,832 Posts
    • 22,489 Thanks
    Redx
    So I would just tick the box which says I dont admit the offence, but write nothing in the defence box, is that correct?
    Originally posted by youdontsay
    this is what bargepole says in the link in post #2 of the NEWBIES sticky thread

    1. You have received a Claim Form from a private parking company. It is not a summons, it is not a CCJ, it is what it says on the tin, and they (or their solicitors) are claiming that you owe them a specified sum of money, for alleged unpaid ticket(s). You must NOT ignore this (unless you really want to appear on Can't Pay? We'll Take It Away), and you have just 14 days to Acknowledge Service of the Claim.

    2. You should now Acknowledge Service of the claim, ticking the box that says you will defend in full. Do NOT put anything in the 'Defence and Counterclaim' text box, not even a full stop. By doing this, you have extended the time to submit a defence to 28 days from date of service, which is the date printed on the claim form plus 5 days. Now it's time to burn the midnight oil, and research relevant defences on these forums. Only look at recent stuff, and don't just blindly cut and paste text, you must adapt it so that it's relevant to your claim.
    once it has been acknowledged online and an email receipt received , ring the CCBC tomorrow and ask for a note to be put on the file that the postal letter is to be completely disregarded , especially the postal defence , that an emailed defence will be sent in within the CCBC deadlines and ask them what date that deadline is too

    if they ask you why , tell them that the claimants solicitor has been giving you incorrect legal advice which as they do not act for you they should not be advising you whatsoever
    Last edited by Redx; 06-02-2018 at 12:34 AM.
    Newbies !!
    Private Parking ticket? check the 2 sticky threads by coupon-mad and crabman in the Parking Tickets, Fines & Parking Board forum for the latest advice or maybe try pepipoo or C.A.G. or legal beagles forums if you need legal advice as well because this parking forum is not about debt collectors or legal matters per se
    • The Deep
    • By The Deep 6th Feb 18, 8:49 AM
    • 9,095 Posts
    • 8,809 Thanks
    The Deep
    Here is the debate in Parliament

    http://parliamentlive.tv/event/index/2f0384f2-eba5-4fff-ab07-cf24b6a22918?in=12:49:41

    BWL was specifically mentioned by an MP who has complained to the SRA, You may also care to complain to your MP.
    Last edited by The Deep; 06-02-2018 at 8:52 AM.
    You never know how far you can go until you go too far.
    • youdontsay
    • By youdontsay 6th Feb 18, 10:30 AM
    • 69 Posts
    • 53 Thanks
    youdontsay
    Six year old ticket
    So last night I was attempting to complete the online form but was unable to as the Money Claims Online service was undergoing maintenance.

    I have telephoned the courts this morning and explained that I have been unable to send the form online and was advised to simply put together the details as are requested on the N9B in an email and send it to them.

    I have done this and requested confirmation that they have read and noted the content of that email.

    I have since rang the courts again to request they disregard the postal form but the line is continually engaged now

    The content of the email was as follows -

    'Hello
    Please note that I would like to defend this claim No. as given above

    I have been advised to send the details in this format in the absence of the actual form
    I am defending all of the claim, and this is not because I have already paid.
    I have nothing to enter in the defence box as this will follow but within the time frame
    At this stage I do not wish to make a counterclaim against the claimant
    My date of birth is *******
    My address is *******************
    My email address is the one stated here which is [emai**********[/email]

    Please could you confirm that these details have been read and noted

    Many thanks '

    ***********
    Last edited by youdontsay; 06-02-2018 at 10:46 AM.
    • youdontsay
    • By youdontsay 6th Feb 18, 10:43 AM
    • 69 Posts
    • 53 Thanks
    youdontsay
    Six year old ticket
    this is what bargepole says in the link in post #2 of the NEWBIES sticky thread

    once it has been acknowledged online and an email receipt received , ring the CCBC tomorrow and ask for a note to be put on the file that the postal letter is to be completely disregarded , especially the postal defence , that an emailed defence will be sent in within the CCBC deadlines and ask them what date that deadline is too

    if they ask you why , tell them that the claimants solicitor has been giving you incorrect legal advice which as they do not act for you they should not be advising you whatsoever
    Originally posted by Redx
    I have now succeeded in speaking to the courts and done all the above The person confirmed that a note has been applied to file etc etc

    The deadline as confirmed by them is 14th Feb

    Many thanks to everyone for your help, Im not sure where I go from here

    Didnt get to bed until 2am trying to sort this out but it looks as if Im in a better position now thanks to the help of people here. I am grateful, still a bit panicked, but grateful.
    Last edited by youdontsay; 06-02-2018 at 1:34 PM.
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