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  • FIRST POST
    • Tg1
    • By Tg1 3rd Oct 18, 11:43 PM
    • 27Posts
    • 9Thanks
    Tg1
    Bw legal
    • #1
    • 3rd Oct 18, 11:43 PM
    Bw legal 3rd Oct 18 at 11:43 PM
    Evening

    My wife has received a notice of county court claim issued from BW Legal. (Hopefully I’ve managed to attach the letter in the link below)
    I’ve read similar posts and looked on the newbie thread but im still not sure what stage this is all at.
    The letter says if there is no reply they ‘may enter’ a ccj on or after the 3rd October.
    This was dumped on my lap at the weekend so have i missed the boat date wise?

    Any advice would be great 👍🏻
    Last edited by Tg1; 04-10-2018 at 1:10 AM. Reason: change of photo upload info
Page 2
    • IamEmanresu
    • By IamEmanresu 4th Oct 18, 1:00 PM
    • 3,664 Posts
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    IamEmanresu
    The operative she spoke to said now is the time to start her defence and to go to ccbcaq@justice.gov.uk to start the defence.
    The operative should have said Acknowledge first - then do the defence. It is all automated and if you miss a step, it is flagged up to BW who will pounce. Do the Acknowledgement today.
    If you want to win - avoid losing first. Here are a few examples
    1. Failing to Acknowledge or Defend https://forums.moneysavingexpert.com/showthread.php?t=5760415
    2. Template defences that say nothing https://forums.moneysavingexpert.com/showthread.php?t=5818671&page=5#86
    3. Forgetting about the Witness Statement
    • Tg1
    • By Tg1 4th Oct 18, 10:21 PM
    • 27 Posts
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    Tg1
    Evening

    A quick update,I have signed in to MCOL using my wife’s gateway pass but cannot submit an AOS as she is yet recieve a ‘claim form’ we only have the claim number and not the ‘defence pack password’.
    • Tg1
    • By Tg1 4th Oct 18, 10:37 PM
    • 27 Posts
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    Tg1
    While I wait for the claim form would it be worth emailing the parking company to ask for any and all details they have got so I can start to form a defence?
    • Coupon-mad
    • By Coupon-mad 4th Oct 18, 10:41 PM
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    Coupon-mad
    Yes she can send a SAR to the PPC (look on their website for the Privacy Team contact).

    Wife called and they told her that she is in the system with current address time/date and location of offence.
    No ccj has been applied for yet. The operative she spoke to said now is the time to start her defence and to go to ccbcaq@justice.gov.uk to start the defence.
    That clerk might just have cost your wife a CCJ.

    She needs to ring the CCBC again first thing (hope she is not too late) and complain that:

    - no claim has been received

    - they didn't bother to give her the password, so how can she acknowledge?

    - require a photocopy of the claim form, and stay on the phone till they agree.

    - ask them to update MCOL showing that she has acknowledged it, once they've emailed it to her, because CLEARLY she wants to acknowledge the thing and to see it!
    • Tg1
    • By Tg1 4th Oct 18, 10:58 PM
    • 27 Posts
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    Tg1
    I will get her to call in again 1st thing and demand the password and put forward the rest of the points you have mentioned. The operative did say they had sent out the claim form and the only contact point they have is that if our current address.
    • Coupon-mad
    • By Coupon-mad 4th Oct 18, 11:01 PM
    • 62,736 Posts
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    Coupon-mad
    It is shocking that they didn't give her the password - she must stay on the phone and complain and ask for the Supervisor if they will not at least send her a photocopy and mark the stupid thing as acknowledged to protect her from a CCJ when she clearly wants to defend.
    • Tg1
    • By Tg1 5th Oct 18, 11:40 AM
    • 27 Posts
    • 9 Thanks
    Tg1
    Called again today and asked for a copy of the claim form to be sent but they said they wouldn’t send a duplicate.
    asked for the password,they said they couldn’t give it out.
    My wife dug her heels in but the wouldn’t budge,so she asked how was she to acknowledge the claim and they told her to sub aos through ccbcaq@justice.gov.uk which she has done and they have received.
    There is no ccj in her name but the person she spoke to said the date was yesterday for the aos. We no have till the 16th of October to enter a defence. Still no claim form through yet. Apparently they are looking to steer away from MCOL aswell.
    • Coupon-mad
    • By Coupon-mad 5th Oct 18, 1:22 PM
    • 62,736 Posts
    • 75,677 Thanks
    Coupon-mad
    We no have till the 16th of October to enter a defence.
    Send (by email as your wife) a SAR to BW Legal for a copy of the claim Particulars and sum calculations in your case, explaining that she has never received the Claim and must be furnished with it, as she has had to email an acknowledgement - on the advice of the CCBC - despite not seeing the Claim.

    Add that, as a firm of solicitors, BW Legal's first duty is to the court, so in the interests of justice they must now email her a copy of the claim calculations and Particulars of Claim, as well as the date of the claim so she is informed of her deadlines.

    Also - a suggestion - she should send a SAR to the CCBC for a copy of all data held and a copy of the claim form...! She must attach proof of who she is and that the VRN and her postal address is her personal information (so, a copy of the V5 and a utility bill maybe, should be enough to establish she IS that named Defendant).

    Do not miss out the proof of her ID as data subject, or the SAR replies will be delayed.

    Hopefully one or t'other will cough something up next week or so, which will help the defence.

    If not, the defence will have to be a bit like the one I've been helping Matilda13 to finalise today (no link given! I push newbies to get confident in using the forum themselves, no links, as they need the forum familiarity and research skill, at each stage. Go and read it, she's the opposite, has a claim form but nothing before that so knows nowt about the car park or alleged breach!).
    Last edited by Coupon-mad; 05-10-2018 at 1:25 PM.
    • KeithP
    • By KeithP 11th Oct 18, 12:32 AM
    • 9,953 Posts
    • 10,256 Thanks
    KeithP
    Anything to change?
    Originally posted by Tg1
    Needs proof-reading.

    Just two examples:

    1) "registered keeper for visits car parking sites"

    2) "registered keeper of this vehicle I annoy provide a copy"
    .
    • Tg1
    • By Tg1 11th Oct 18, 10:50 PM
    • 27 Posts
    • 9 Thanks
    Tg1
    BW Legal

    Dear sir/Madam:

    I am writing to inform you of a Subject Access Request sent to your client Premier Parking Solutions Limited. Please note this SAR and put litigation on hold as I object to the data processing. With this in hand I require the file to be noted as having a current restriction of data processing until a reasonable time which I would suggest 21 days after the date your client responds to the SAR as i intend to defend myself so i require all information held. Please find this at the end of the email.

    I also require a SAR to yourselves as I have not received a ‘Claim’ as I have had to do ‘Acknowledgement Of Service’ on the advice of the CCBC despite never receiving the official Claim. I will need copies of the Claim,Claim Particulars and Sum calculations.
    As a firm of solicitors BW Legal’s first duty is to the court so in the interest of justice I insist on a email to include all mentioned above and a Date Of Claim so I am informed of my deadlines.

    Yours sincerely,XXX






    Dear Sir/Madam:

    I am writing to you in your capacity as data protection officer for your company Premier Parking Solutions Limited. I have reason to believe you hold personal data on myself and a vehicle I owned and was the registered keeper. It should be noted that contrary to article 13 of GDPR legislation no privacy information was provided to myself, the data subject, at the time of collection. I am therefore compelled into making this request for access to personal data pursuant to Article 15 of the General Data Protection Regulation which, as you will be aware, came into force on 25 May 2018.

    The vehicle in question is a XXX XXX with VRM: XXXX XXX

    As I am no longer the registered keeper of this vehicle I cannot provide a copy of the V5 document but I attach a copy of registration details which show the vehicle in my name and the address of the register keeper. I also include a copy of a utility bill as proof of my current address so any further correspondence will be received.


    I would like copies for all PCN data from any charges on any date including all photos taken,letters sent and all data held and processed including electronic status updates,human decisions noted on any type of file note,any note from the day from the individual ticketer if it was a windscreen PCN,any DVLA look up and dates relating to all such data decisions



    I would like you to be aware at the outset, that I anticipate a reply to my request within one month as required under Article 12, failing which I will be forwarding my inquiry with a letter of complaint to the Information Commissioners Office (ICO).

    Please advise as to the following:
    0. Please confirm to me whether or not my personal data is being processed. If it is, please provide me with the categories of personal data you have about me in your files and databases.
    0. In particular, please tell me what you know about me in your information systems, whether or not contained in databases, and including e-mail, documents on your networks, or voice or other media that you may store.
    0. Additionally, please advise me in which countries my personal data is stored, or accessible from. In case you make use of cloud services to store or process my data, please include the countries in which the servers are located where my data are or were (in the past 12 months) stored.
    0. Please provide me with a copy of, or access to, my personal data that you have or are processing.
    0. Please provide me with a detailed accounting of the specific uses and lawful basis that you have made, are making or will be making of my personal data.
    0. Please provide a list of all third parties with whom you have (or may have) shared my personal data.
    0. If you cannot identify with certainty the specific third parties to whom you have disclosed my personal data, please provide a list of third parties to whom you may have disclosed my personal data.
    0. Please also identify which jurisdictions that you have identified in 1-1 above that these third parties with whom you have or may have shared my personal data, from which these third parties have stored or can access my personal data. Please also provide insight in the legal grounds for transferring my personal data to these jurisdictions. Where you have done so, or are doing so, on the basis of appropriate safeguards, please provide a copy.
    0. Additionally, I would like to know what safeguards have been put in place in relation to these third parties that you have identified in relation to the transfer of my personal data.
    0. Please advise how long you store my personal data, and if retention is based upon the category of personal data, please identify how long each category is retained.
    0. If you are additionally collecting personal data about me from any source other than me, please provide me with all information about their source, as referred to in Article 14 of the GDPR.
    0. If you are making automated decisions about me, including profiling, whether or not on the basis of Article 22 of the GDPR, please provide me with information concerning the basis for the logic in making such automated decisions, and the significance and consequences of such processing.


    Yours Sincerely, Xxxx
    Last edited by Tg1; 11-10-2018 at 11:56 PM. Reason: added statements
    • Tg1
    • By Tg1 11th Oct 18, 10:56 PM
    • 27 Posts
    • 9 Thanks
    Tg1
    I’m looking at sending this to BW Legal and Premier parking solutions. Any tips on fine tuning would be appreciated then I can send them in the morning.
    • Redx
    • By Redx 11th Oct 18, 11:22 PM
    • 19,697 Posts
    • 24,978 Thanks
    Redx
    why have you waited a week ?

    the defence has to be submitted soon and these SAR requests can take up to 30 days, I cannot believe you did not do it as soon as CM mentioned it

    unbelievable
    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
    • Tg1
    • By Tg1 11th Oct 18, 11:28 PM
    • 27 Posts
    • 9 Thanks
    Tg1
    I haven’t ‘waited’ just been extremely busy with work and the only time I have to try and do this has been taken up by family commitments and other work commitments.
    • KeithP
    • By KeithP 11th Oct 18, 11:40 PM
    • 9,953 Posts
    • 10,256 Thanks
    KeithP
    We no have till the 16th of October to enter a defence.
    No idea where that date came from, but I guess the CCBC told your wife that. Would be good to have it in writing though.

    When you are happy with the content, the Defence should be filed via email as described here:

    1) Print the Defence.
    2) Sign it and date it.
    3) Scan the signed document back in and save it as a pdf.
    4) Send that pdf as an email attachment to CCBCAQ@Justice.gov.uk
    5) Just put the claim number and the word Defence in the email title, and in the body of the email something like 'Please find my Defence attached'.
    6) Log into MCOL after a few days to see if the Claim is marked "defended". If not chase the CCBC until it is.
    7) Wait for your Directions Questionnaire and then re-read post #2 of the NEWBIES FAQ sticky thread to find out exactly what to do with it.
    .
    • KeithP
    • By KeithP 11th Oct 18, 11:48 PM
    • 9,953 Posts
    • 10,256 Thanks
    KeithP
    Slight addendum:

    Remember that the court's working day ends at 4pm, so the Defence must be filed before that time on deadline day.
    .
    • Tg1
    • By Tg1 12th Oct 18, 12:01 AM
    • 27 Posts
    • 9 Thanks
    Tg1
    the date of the 16th October was provided by the CCBC,she is still yet to receive the official 'Claim'


    i will get on to the defence tomorrow night and try to get something drawn up on the limited information i have.


    is it worth doing as mention in one of the replies above



    Also - a suggestion - she should send a SAR to the CCBC for a copy of all data held and a copy of the claim form...! She must attach proof of who she is and that the VRN and her postal address is her personal information (so, a copy of the V5 and a utility bill maybe, should be enough to establish she IS that named Defendant). ??????
    Last edited by Tg1; 12-10-2018 at 12:04 AM. Reason: edit
    • KeithP
    • By KeithP 12th Oct 18, 12:10 AM
    • 9,953 Posts
    • 10,256 Thanks
    KeithP
    Also - a suggestion - she should send a SAR to the CCBC for a copy of all data held and a copy of the claim form...! She must attach proof of who she is and that the VRN and her postal address is her personal information (so, a copy of the V5 and a utility bill maybe, should be enough to establish she IS that named Defendant). ??????
    Originally posted by Tg1
    Yes do that.

    Include a request for any log entries that show that the Claim Form was sent to the Defendant and to which address it was sent.

    I recall a few weeks ago someone sent a SAR to the CCBC and received confirmation from the CCBC that they had not sent the Claim Form to the Defendant at all. Unfortunately I cannot think of suitable search keywords to find it again.

    Edited to add:

    Found it:
    Last edited by KeithP; 12-10-2018 at 12:18 AM.
    .
    • Tg1
    • By Tg1 12th Oct 18, 12:26 AM
    • 27 Posts
    • 9 Thanks
    Tg1
    Thanks for your help Keith
    • Tg1
    • By Tg1 12th Oct 18, 3:18 PM
    • 27 Posts
    • 9 Thanks
    Tg1
    Just received this back from bw legal following my email last night. Doesn’t seem like they are prepared to furnish me with the claim particulars or sum calculations. They have also side stepped to fact I have not received a claim form.

    Good Afternoon,

    Thank you for your email, the contents of which have been noted.

    We confirm receipt of your Acknowledgement of Service of the Claim and await to hear from you in relation to your Defence.

    Kind Regards,

    Litigation Department
    bwlegal
    • Tg1
    • By Tg1 13th Oct 18, 12:03 AM
    • 27 Posts
    • 9 Thanks
    Tg1
    As you are aware I have very little in the way of evidence to be able to use in my defence or for the statement,also not knowing where to start I have read through a few threads that are similar circumstances as mine so as a defence it’s a copy and paste job from the Matilda13 thread by coupon mad.

    Defence



    IN THE COUNTY COURT

    CLAIM No: to be added in the original
    BETWEEN:

    Private Parking Solutions Ltd (Claimant)

    -and-

    xxx Tg1 xxx(Defendant)


    DEFENCE



    1. It is admitted that Defendant was the registered keeper of the vehicle in question. However the Claimant has no cause of action and has filed this claim without providing any information to the Defendant whatsoever.

    1.1 Neither the Defendant, nor any other possible drivers, recall any 'parking charge notice' (PCN) from the past, nor does the Defendant even know where the car park was, having only the vague Particulars of Claim (POC). Any contractual agreement - and thus any breach - is denied.

    2. The POC alleges that the Defendant was 'the registered keeper and/or the driver' of the vehicle, thereby vaguely offering a menu of choices copied from BW Legal's latest batch of robo-claims issued in September 2018. The Claimant has and failed to comply with Civil Procedure Rule 16.4, or with Civil Practice Direction 16, paras. 7.3 to 7.5. Further, the POC do not meet the requirements of Practice Direction 16 7.5 as there is nothing which specifies how the terms were breached.

    2.1. This Claimant has not complied with pre-court protocol. There was no compliant ‘Letter before County Court Claim’, under the Practice Direction and the Defendant has no idea what the claim is about - why the charge arose, what the original charge was, what the alleged contract was; nothing that could be considered a fair exchange of information.

    2.2. The vague POC discloses nothing that can lead to a claim in law. The parking event was far too long ago to expect a registered keeper to recall the day or who was driving, and it is believed from the Defendant's research of similar cases, that this Claimant did not use compliant documents to hold a registered keeper liable anyway.

    3. The Protection of Freedoms Act 2012 Schedule 4 (the POFA) has not been being complied with. The registered keeper was unaware of the PCN and does not admit to being a driver of the vehicle in question on the date in question, as such the keeper can only be held liable if the Claimant has fully complied with the strict requirements including 'adequate notice' of charge and prescribed Notice to Keeper letters in time/with

    4. This case can be distinguished from ParkingEye v Beavis [2015] UKSC 67 (the Beavis case) which was dependent upon an un-denied contract, formed by unusually prominent signage forming a clear offer and which turned on unique facts regarding the location and the interests of the landowner. Strict compliance with the BPA Code of Practice (CoP) was paramount and Mr Beavis was the driver who saw the signs and entered into a contract to pay £85 after exceeding a licence to park free. From research of similar cases and given the woeful POC and lack of any previous information, the Defendant doubts that any legitimate interest or clear signage applies in this case.

    5. Had any contravention apparently taken place (and this is not confirmed), it can only have been that signage on and around the site in question was small, unclear and not prominent and did not meet the British Parking Association (BPA) Code of Practice (CoP).

    5.1. The Claimant was a member of the BPA at the time and committed to follow its requirements, and the Defendant puts the Claimant to strict proof of compliance with the applicable Code of Practice.

    6. It is denied that the Claimant has authority to bring this claim. The proper Claimant is the landowner. Strict proof is required that there is a chain of contracts leading from the landowner to Premier Parking Solutions Ltd and that this chain of contracts was valid in its entirety on the date of the alleged offence.

    7. No sum payable to this Claimant was accepted nor even known about by any driver; as they were not given a fair opportunity to discover the onerous terms by which they would later be bound.

    8. Prior to any court hearing the Defendant has sent the Claimant a Subject Access Request (SAR) for the following:

    8.1.(i) copies of the signs on which the Claimant relies and confirm with photographic evidence, that the signs were in situ on the date of the event.

    (ii) Images of the signs that were at the entrance to the site on the date in question. Also to confirm that the signs met the BPA CoP that applied at the time of the alleged parking event.

    (iii) copies of any letters sent, including the original PCN and/or Notice to Keeper.

    (iv) a full breakdown of the amount of the claim and how the amount was derived.

    (v) the Claimant's reasons why they believe the keeper has liability.

    9. The POFA does not permit the Claimant to recover a sum greater than the parking charge on the day before a Notice to Keeper was issued. That sum cannot have exceeded the BPA CoP ceiling of £100 and the Claimant cannot recover additional charges.

    10. The Claimant has inexplicably added 'costs or damages' bolted onto the alleged PCN, despite using a solicitor to file the claim, who must be well aware that the CPR 27.14 does not permit such 'admin' charges to be recovered in the Small Claims Court.

    10.1. In any event, the Beavis case confirmed that a parking firm not in possession cannot plead their case in damages and could only collect the already inflated parking charge (in that case, £85) which more than covered the very minimal costs of running an automated/template letter parking regime.

    10.2. The Claimant is put to strict proof to show how any alleged costs/damages have been incurred and that it formed a prominent, legible part of any terms on signage, and that it was, in fact, expended. To add vague damages plus alleged 'legal costs' on top is a wholly disingenuous attempt at double recovery, and the Defendant is alarmed by this gross abuse of process.

    10.3. Given the fact that BW Legal boasted in Bagri v BW Legal Ltd of processing 'millions' of claims with an admin team (and only a handful of solicitors), the Defendant avers that no solicitor is likely to have supervised this current batch of cut & paste PPS robo-claims at all, on the balance of probabilities.

    10.4. According to Ladak v DRC Locums UKEAT/0488/13/LA the claimant can only recover the direct and provable costs of the time spent on preparing the claim in a legal capacity, not any administration cost.

    11. The Defendant invites the court to strike out the claim as having no prospect of success. Alternatively, the Defendant requests the court to order the Claimant to provide Further and Better Particulars of Claim and allow the Defendant to respond to those POC.

    12. The Defendant has sent a SAR to the Claimant, for response during October 2018, and will expand upon the denial of breach in the witness statement and evidence, once the Defendant has seen the details from the SAR and/or in the event that the Court orders the Claimant to file & serve better particulars.

    13. It is denied that the Claimant is entitled to the relief claimed or any relief at all. In summary, it is the Defendant's position that the poorly pleaded claim discloses no cause of action, is without merit, and has no real prospect of success.

    I believe the facts contained in this Defence are true.


    Name

    Signature

    Date


    Im seeing this as a start and by no means a finished statement so some guidance would be great.
    Last edited by Tg1; 13-10-2018 at 12:17 AM. Reason: edits
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