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  • FIRST POST
    • Zebbah
    • By Zebbah 10th Sep 18, 7:17 AM
    • 7Posts
    • 2Thanks
    Zebbah
    BW Legal / NCP Court
    • #1
    • 10th Sep 18, 7:17 AM
    BW Legal / NCP Court 10th Sep 18 at 7:17 AM
    I received a parking ticket in a car park in Sept 2017 and following the advice I have ignored all correspondence but have now ended up with a county court action against me.

    I have completed the acknowledgement of service and filed my defence. My main arguement is that the PCN was out of time due to POFA 2012 as it was arrived after 14 days as it was an ANPR notification.

    I thought this sufficient grounds to get it thrown out of court but i have now received a directions questionnaire and BW Legal want to pursue the claim.

    Is this a Robo-Claim and i just need to go through the motions or should I be concerned? What do you suggest I do?

    Any help appreciated. Thanks
    Last edited by Zebbah; 10-09-2018 at 10:15 AM.
Page 1
  • archived user
    • #2
    • 10th Sep 18, 7:24 AM
    • #2
    • 10th Sep 18, 7:24 AM
    What do they say you did? What was on the signs? Do the two match?

    I thought this sufficient grounds to get it thrown out of court
    What did you say in your defence apart from POFA? Was the driver not identified?

    If the the driver someone other that you, it is best even at this stage, to show BW evidence of you being elsewhere at the time. It and POFA will either kill it or set you up for costs based on unreasonable behaviour..
    • Quentin
    • By Quentin 10th Sep 18, 7:24 AM
    • 38,643 Posts
    • 22,593 Thanks
    Quentin
    • #3
    • 10th Sep 18, 7:24 AM
    • #3
    • 10th Sep 18, 7:24 AM
    I received a parking ticket in a car park in Chester in Sept 2017 and following the advice I have ignored all correspondence but have now ended up with a county court action against me.


    Is this a Robo-Claim and i just need to go through the motions or should I be concerned? What do you suggest I do?

    Any help appreciated. Thanks
    Originally posted by Zebbah


    Treat it seriously.

    You didn't follow any advice here telling you to ignore the ticket!

    Go to the newbies FAQ thread #2 for advice on how to complete the day and the ensuing court proceedings
    Last edited by Quentin; 10-09-2018 at 7:28 AM.
    • Zebbah
    • By Zebbah 10th Sep 18, 7:30 AM
    • 7 Posts
    • 2 Thanks
    Zebbah
    • #4
    • 10th Sep 18, 7:30 AM
    • #4
    • 10th Sep 18, 7:30 AM
    Putting that a side, if the PCN was served out of time I understood they can’t pursue the keeper?
    Last edited by Zebbah; 10-09-2018 at 9:40 AM.
    • Umkomaas
    • By Umkomaas 10th Sep 18, 7:46 AM
    • 23,080 Posts
    • 36,663 Thanks
    Umkomaas
    • #5
    • 10th Sep 18, 7:46 AM
    • #5
    • 10th Sep 18, 7:46 AM
    unless they know the driver which has not been disclosed?
    Be careful what you write here then. It's a public forum.

    If your only line of defence is that they cannot pursue you as keeper, not knowing who the driver was, because they failed to meet the PoFA timeline, what do you think the first question might be that a judge asks you at any hearing?

    Can you confirm for us here:

    Date of parking infringement?

    Date of issue shown on the NtK?

    Date of receipt of the NtK?
    Please note, we are not a legal, residential or credit advice forum, rather one that helps motorists fight private parking charges, primarily at the 'front-end' of the process.
    Give a man a fish, and you feed him for a day;
    show him how to catch fish, and you feed him for a lifetime.
    • beamerguy
    • By beamerguy 10th Sep 18, 7:51 AM
    • 11,091 Posts
    • 14,868 Thanks
    beamerguy
    • #6
    • 10th Sep 18, 7:51 AM
    • #6
    • 10th Sep 18, 7:51 AM
    Did you not get a LBA (Letter before action) from
    BWLegal giving you proof of their claim and also
    giving you 30 days to respond
    RBS - MNBA - CAPITAL ONE - LLOYDS

    DISGUSTING BEHAVIOUR
    • Zebbah
    • By Zebbah 10th Sep 18, 8:04 AM
    • 7 Posts
    • 2 Thanks
    Zebbah
    • #7
    • 10th Sep 18, 8:04 AM
    • #7
    • 10th Sep 18, 8:04 AM
    [QUOTE=Umkomaas;74770199]Be careful what you write here then. It's a public forum.

    If your only line of defence is that they cannot pursue you as keeper, not knowing who the driver was, because they failed to meet the PoFA timeline, what do you think the first question might be that a judge asks you at any hearing?

    Can you confirm for us here:

    Date of parking infringement? 12th September

    Date of issue shown on the NtK? 26th September

    Date of receipt of the NtK? 28th September
    • Zebbah
    • By Zebbah 10th Sep 18, 8:08 AM
    • 7 Posts
    • 2 Thanks
    Zebbah
    • #8
    • 10th Sep 18, 8:08 AM
    • #8
    • 10th Sep 18, 8:08 AM
    Did you not get a LBA (Letter before action) from
    BWLegal giving you proof of their claim and also
    giving you 30 days to respond
    Originally posted by beamerguy
    I got a "Letter of Claim" dated 28th June asking for payment or response by 2nd August but with a paragraph on the second page with 'Particulars of Claim' but no other evidence or supporting documentation.
    • Umkomaas
    • By Umkomaas 10th Sep 18, 8:39 AM
    • 23,080 Posts
    • 36,663 Thanks
    Umkomaas
    • #9
    • 10th Sep 18, 8:39 AM
    • #9
    • 10th Sep 18, 8:39 AM
    The dates you show suggest they are just outside the limit - marginally. If this goes to court, and you are relying on just that one legal argument, you will need to be able to articulate and argue PoFA with real knowledge, understanding and confidence.
    Please note, we are not a legal, residential or credit advice forum, rather one that helps motorists fight private parking charges, primarily at the 'front-end' of the process.
    Give a man a fish, and you feed him for a day;
    show him how to catch fish, and you feed him for a lifetime.
    • Zebbah
    • By Zebbah 10th Sep 18, 8:52 AM
    • 7 Posts
    • 2 Thanks
    Zebbah
    Thank you. I have other arguments on signage, process etc

    Just a quick couple of questions:
    1. Once the DQ has been sent in will it take c20 weeks to get to trial as suggested in the Newbee Post?
    2. If the PPC is to cave in when can I expect that to happen - just before trial or do you think they will run it anyway?
    • Quentin
    • By Quentin 10th Sep 18, 9:14 AM
    • 38,643 Posts
    • 22,593 Thanks
    Quentin
    Throughout here you are advised never to reveal who was driving.

    The ppcs monitor this forum and can use your posts against you.

    Edit your post to remove details of who was driving
    • Umkomaas
    • By Umkomaas 10th Sep 18, 9:21 AM
    • 23,080 Posts
    • 36,663 Thanks
    Umkomaas
    Thank you. I have other arguments on signage, process etc

    Just a quick couple of questions:
    1. Once the DQ has been sent in will it take c20 weeks to get to trial as suggested in the Newbee Post?
    2. If the PPC is to cave in when can I expect that to happen - just before trial or do you think they will run it anyway?
    Originally posted by Zebbah
    1. That seems to be around the mark ~5-6 months.

    2. Could be at any time, possibly not at all. The BWL/NCP axis is quite new - last couple of months - so none as yet has run its full course. None, to my knowledge, have yet been discontinued, none have yet progressed to court. This may all be a 'scare' tactic, a further slant on debt collection, but you can't take any risks by being complacent.

    Glad you've got other points in your defence.
    Please note, we are not a legal, residential or credit advice forum, rather one that helps motorists fight private parking charges, primarily at the 'front-end' of the process.
    Give a man a fish, and you feed him for a day;
    show him how to catch fish, and you feed him for a lifetime.
    • Zebbah
    • By Zebbah 14th Sep 18, 9:28 PM
    • 7 Posts
    • 2 Thanks
    Zebbah
    an update on my case:

    I have now received the DQ from the court and I have completed this as per the advice and sent this to the BWL and the court.

    Notwithstanding this I have today received a “without prejudice offer save as to costs” to settle from BW Legal for a reduced amount if I agree in 14 days. £180 instead of £250.

    They have criticised my defence that it is a “cut and paste” nonsensical defence and irrelevant and would not stand up in court.

    Stange to make an offer but say I don’t stand a chance?

    Any thoughts?
    • Coupon-mad
    • By Coupon-mad 14th Sep 18, 9:53 PM
    • 70,392 Posts
    • 82,985 Thanks
    Coupon-mad
    That's a template cut & paste letter!

    Ignore it.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT UNLESS IN SCOTLAND OR NI
    TWO Clicks needed Look up, top of the page:
    Main site>>Forums>Household & Travel>Motoring>Parking Tickets Fines & Parking - read the NEWBIES THREAD
    • beamerguy
    • By beamerguy 14th Sep 18, 10:03 PM
    • 11,091 Posts
    • 14,868 Thanks
    beamerguy
    an update on my case:

    I have now received the DQ from the court and I have completed this as per the advice and sent this to the BWL and the court.

    Notwithstanding this I have today received a “without prejudice offer save as to costs” to settle from BW Legal for a reduced amount if I agree in 14 days. £180 instead of £250.

    They have criticised my defence that it is a “cut and paste” nonsensical defence and irrelevant and would not stand up in court.

    Stange to make an offer but say I don’t stand a chance?

    Any thoughts?
    Originally posted by Zebbah
    WHOOPS ... sounds like they think they will not win.

    This robo claim lot could not even copy and paste seeing
    the rubbish they come out with

    That is why they get whooped in court.

    Very unprofessional to say that, but BWL are not professional
    RBS - MNBA - CAPITAL ONE - LLOYDS

    DISGUSTING BEHAVIOUR
    • Zebbah
    • By Zebbah 19th Feb 19, 7:21 PM
    • 7 Posts
    • 2 Thanks
    Zebbah
    Just as an update on my case it went all the way to court on Friday last week and I prepared a witness statement but unfortunately I was unable to attend due to a prior engagement. I wrote to the court 7 days before and advised them of the situation and asked for the case to be heard in my absence.
    Unfortunately it would appear that this was ignored and I have been issued with a default judgement for the full amount plus costs.
    If there anything I can do as I don't think the procedure has been followed correctly?

    Any advice would be appreciated?
    • ShakeItOff
    • By ShakeItOff 19th Feb 19, 7:30 PM
    • 370 Posts
    • 449 Thanks
    ShakeItOff
    That would be quite the prior engagement, as there would have been an option to hear it on paper instead of in person, which I think is one of the DQ questions.

    Not sure on the appeal front - usually there has to be an error in the application of the law, which it doesn't sound like it was in this case.

    To avoid the CCJ being applied to your credit file, you would need to either pay within 30 days, or apply for a set aside (which I think you may struggle to obtain).
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