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  • FIRST POST
    • ahcs
    • By ahcs 12th Oct 18, 11:07 PM
    • 11Posts
    • 0Thanks
    ahcs
    County Court Judgement - BW Legal - Premier Parking Solutions
    • #1
    • 12th Oct 18, 11:07 PM
    County Court Judgement - BW Legal - Premier Parking Solutions 12th Oct 18 at 11:07 PM
    Backstory:
    I parked in a private car park last year at 8am and attempted to make payment for my ticket through RingGo. The location code would not be recognised on my first attempts to call. I then rang back at around 8:15/20am and I paid for my parking (full 24 hours maximum fee).

    Premier Parking Solutions (PPS) contacted me with a fine for non payment for a period of my parking. I ignored these letters as I had done no wrong and paid in full.

    I do not live at my old address anymore and as more letters came in from BW Legal with a 'Notice for County Court Issued' and another (2 weeks ago) for 'County Court Claim entered against you'. I have only received these letters now as I picked up old mail from the address.

    I have had another letter for 'Judgement for Claimant' at County Court Business Centre through BW Legal.

    I have not responded to anything as of yet. This seems a real judgment against me and I am willing to fight the defence but have no idea how to proceed.

    Please advise!

    Note - I have access to call logs on my mobile which show my attempts to pay at the time of parkings and I have record of my actual payment for a full 24 hours also. My stay in the car park was for around 8 hours during the day.
Page 1
    • Redx
    • By Redx 12th Oct 18, 11:23 PM
    • 19,613 Posts
    • 24,916 Thanks
    Redx
    • #2
    • 12th Oct 18, 11:23 PM
    • #2
    • 12th Oct 18, 11:23 PM
    read about £255 set asides in the NEWBIES FAQ sticky thread , post #2
    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
    • ahcs
    • By ahcs 13th Oct 18, 9:09 AM
    • 11 Posts
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    ahcs
    • #3
    • 13th Oct 18, 9:09 AM
    • #3
    • 13th Oct 18, 9:09 AM
    I feel I have a strong case as I’m not in the wrong. I parked there all week paying the full 24 hour max fee each day.

    Does anyone feel this is not strong enough?
    • beamerguy
    • By beamerguy 13th Oct 18, 9:40 AM
    • 8,814 Posts
    • 11,690 Thanks
    beamerguy
    • #4
    • 13th Oct 18, 9:40 AM
    • #4
    • 13th Oct 18, 9:40 AM
    I feel I have a strong case as I’m not in the wrong. I parked there all week paying the full 24 hour max fee each day.

    Does anyone feel this is not strong enough?
    Originally posted by ahcs
    You certainly have a case but you now are in a position
    of the CCJ.

    BWLegal take great pleasure in doing this, and it's fair
    to say that had you gone to court you would have won.
    Any old rubbish can take you to court if you are not there

    In the mail you collected, was their an LBA Letter before action
    from BWLegal. This is a legal requirement whereby they
    must prove their claim against you and giving you 30
    days to respond
    RBS - MNBA - CAPITAL ONE - LLOYDS

    DISGUSTING BEHAVIOUR
    • ahcs
    • By ahcs 13th Oct 18, 10:34 AM
    • 11 Posts
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    ahcs
    • #5
    • 13th Oct 18, 10:34 AM
    • #5
    • 13th Oct 18, 10:34 AM
    The first letter received from BW Legal stated there would be court action opened against me if money was not received within 30 days. Is this the letter you mean?
    • ahcs
    • By ahcs 13th Oct 18, 10:38 AM
    • 11 Posts
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    ahcs
    • #6
    • 13th Oct 18, 10:38 AM
    • #6
    • 13th Oct 18, 10:38 AM
    You certainly have a case but you now are in a position
    of the CCJ.

    BWLegal take great pleasure in doing this, and it's fair
    to say that had you gone to court you would have won.
    Any old rubbish can take you to court if you are not there

    In the mail you collected, was their an LBA Letter before action
    from BWLegal. This is a legal requirement whereby they
    must prove their claim against you and giving you 30
    days to respond
    Originally posted by beamerguy

    There was a letter saying a court judgement would be entered against me if I did not pay within 30 day. It did not set out evidence proving their claim.

    I have seen online I should have received forms to respond to the court but I did not receive this even in my pack of letters
    • beamerguy
    • By beamerguy 13th Oct 18, 10:38 AM
    • 8,814 Posts
    • 11,690 Thanks
    beamerguy
    • #7
    • 13th Oct 18, 10:38 AM
    • #7
    • 13th Oct 18, 10:38 AM
    The first letter received from BW Legal stated there would be court action opened against me if money was not received within 30 days. Is this the letter you mean?
    Originally posted by ahcs
    YES but you did not see that .. correct until after
    RBS - MNBA - CAPITAL ONE - LLOYDS

    DISGUSTING BEHAVIOUR
    • ahcs
    • By ahcs 13th Oct 18, 10:43 AM
    • 11 Posts
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    ahcs
    • #8
    • 13th Oct 18, 10:43 AM
    • #8
    • 13th Oct 18, 10:43 AM
    What do you mean “correct until after”? Sorry I’ve never seen this before so in the dark

    Can you advise of steps going forward?
    The letters I received were a notice that if I didn’t pay in 30 days court action would be entered, then 1 month later I received another from BW legal saying court action has been entered and at the same I received a 1 page form “judgement for claimaint (by default)” from the county court business centre

    I have received no evidence of the claim against me, or forms to fill in to go to court?
    • beamerguy
    • By beamerguy 13th Oct 18, 10:57 AM
    • 8,814 Posts
    • 11,690 Thanks
    beamerguy
    • #9
    • 13th Oct 18, 10:57 AM
    • #9
    • 13th Oct 18, 10:57 AM
    What do you mean “correct until after”? Sorry I’ve never seen this before so in the dark

    Can you advise of steps going forward?
    The letters I received were a notice that if I didn’t pay in 30 days court action would be entered, then 1 month later I received another from BW legal saying court action has been entered and at the same I received a 1 page form “judgement for claimaint (by default)” from the county court business centre

    I have received no evidence of the claim against me, or forms to fill in to go to court?
    Originally posted by ahcs
    Meant you read the LBA after this ended up in court
    so you had no chance to reply

    It is important about the LBA. This should have provided
    evidence they would rely upon, costs etc.
    It's pre action protocol and trying to establish if BWL
    complied
    RBS - MNBA - CAPITAL ONE - LLOYDS

    DISGUSTING BEHAVIOUR
    • ahcs
    • By ahcs 13th Oct 18, 10:58 AM
    • 11 Posts
    • 0 Thanks
    ahcs
    YES but you did not see that .. correct until after
    Originally posted by beamerguy
    What do you mean “correct until after”? Sorry I’ve never seen this before so in the dark

    Can you advise of steps going forward?
    The letters I received were a notice that if I didn’t pay in 30 days court action would be entered, then 1 month later I received another from BW legal saying court action has been entered and at the same I received a 1 page form “judgement for claimaint (by default)” from the county court business centre

    I have received no evidence of the claim against me, or forms to fill in to go to court?
    • beamerguy
    • By beamerguy 13th Oct 18, 11:03 AM
    • 8,814 Posts
    • 11,690 Thanks
    beamerguy
    So, did the LBA provide .. evidence and proof of claim
    RBS - MNBA - CAPITAL ONE - LLOYDS

    DISGUSTING BEHAVIOUR
    • beamerguy
    • By beamerguy 13th Oct 18, 11:50 AM
    • 8,814 Posts
    • 11,690 Thanks
    beamerguy
    ahcs

    I am off out now

    The whole point about the LBA is did BWLegal comply
    before they took this to court

    It would help if you could upload a scan of the LBA
    (taking our personal info) to a free site and then
    linking it here using hxxp instead of http.
    As a new user you cannot add a live link
    Someone will do that for you
    RBS - MNBA - CAPITAL ONE - LLOYDS

    DISGUSTING BEHAVIOUR
    • ahcs
    • By ahcs 13th Oct 18, 12:59 PM
    • 11 Posts
    • 0 Thanks
    ahcs
    ahcs

    I am off out now

    The whole point about the LBA is did BWLegal comply
    before they took this to court

    It would help if you could upload a scan of the LBA
    (taking our personal info) to a free site and then
    linking it here using hxxp instead of http.
    As a new user you cannot add a live link
    Someone will do that for you
    Originally posted by beamerguy
    It looks like my last reply didn’t send before you’ve headed out.

    I’ll upload a copy of what I have and reply to your comment with the link in the format you said. I appreciate your help!

    In brief I have only received a breakdown of what the costs are I am charged with (i.e the fine, interest and other fees I think) but there has been no evidence presented of why they are claiming for this.

    I read in other posts that I should have been sent court forms of some sort? I have no received this also.

    I received a single side letter from BW legal with what I mentioned above, and then a single side letter for the “judgement for claimant (by default)
    • ahcs
    • By ahcs 13th Oct 18, 3:22 PM
    • 11 Posts
    • 0 Thanks
    ahcs
    ahcs

    I am off out now

    The whole point about the LBA is did BWLegal comply
    before they took this to court

    It would help if you could upload a scan of the LBA
    (taking our personal info) to a free site and then
    linking it here using hxxp instead of http.
    As a new user you cannot add a live link
    Someone will do that for you
    Originally posted by beamerguy
    The 2 letters I received from BW Legal and the final letter “judgement for claimant (by default) is on the link below:

    hxxps://m.imgur.com/a/Qgyx6ro

    Posted link as hxxp to replace http as I’m a new user

    The photos uploaded from bottom (first letter) to top (last letter)

    Thanks in advance
    • beamerguy
    • By beamerguy 13th Oct 18, 7:14 PM
    • 8,814 Posts
    • 11,690 Thanks
    beamerguy
    The 2 letters I received from BW Legal and the final letter “judgement for claimant (by default) is on the link below:

    hxxps://m.imgur.com/a/Qgyx6ro

    Posted link as hxxp to replace http as I’m a new user

    The photos uploaded from bottom (first letter) to top (last letter)

    Thanks in advance
    Originally posted by ahcs
    https://imgur.com/a/Qgyx6ro

    So this is an order from the court to pay

    THIS IS NOT A LETTER BEFORE COURT
    WE WANT TO SEE THAT FROM BWLEGAL
    OR ..... is the letter a standard one telling you
    they have filed a claim

    However you are not alone in this. Please read the following
    link and go to post # 28 and follow the advice given

    https://forums.moneysavingexpert.com/showthread.php?p=74877885
    RBS - MNBA - CAPITAL ONE - LLOYDS

    DISGUSTING BEHAVIOUR
    • ahcs
    • By ahcs 14th Oct 18, 6:18 PM
    • 11 Posts
    • 0 Thanks
    ahcs
    hxxps://imgur.com/a/Qgyx6ro

    So this is an order from the court to pay

    THIS IS NOT A LETTER BEFORE COURT
    WE WANT TO SEE THAT FROM BWLEGAL
    OR ..... is the letter a standard one telling you
    they have filed a claim

    However you are not alone in this. Please read the following
    link and go to post # 28 and follow the advice given

    hxxps://forums.moneysavingexpert.com/showthread.php?p=74877885
    Originally posted by beamerguy
    Thank you for your reply

    The 2 letters I photographed on the link I provided before are the only 2 letters I have received from BW legal. Should I have expected to receive something different/more?

    I have been reading the thread you provided and I’m struggling to find any specific help to my situation. The court have ordered to pay the fees as I did not know about the court action and could not reply. Can you advise how I should proceed in the scenario where the court have demanded fees to be paid?

    Can I still defend myself?
    How do I go about raising this to the court?
    Should I be ringing the court on Monday morning to say I have not received any letters and want to defend myself?
    • KeithP
    • By KeithP 14th Oct 18, 7:05 PM
    • 9,805 Posts
    • 10,148 Thanks
    KeithP
    Yes, ring the County Court Business Centre on Monday - phone number on your Default Judgment Form - and complain that the reason you didn't defend your self is because you never received a Claim Form.

    This has happened numerous times over the last couple of weeks.
    .
    • ahcs
    • By ahcs 15th Oct 18, 5:39 PM
    • 11 Posts
    • 0 Thanks
    ahcs
    Yes, ring the County Court Business Centre on Monday - phone number on your Default Judgment Form - and complain that the reason you didn't defend your self is because you never received a Claim Form.

    This has happened numerous times over the last couple of weeks.
    Originally posted by KeithP
    Thank you - I tried calling today a few times but I would be cut off when I got to 10th or so in the queue... I have emailed instead and will try calling again tomorrow morning.

    I want to open this up to defend myself as you will read above, I paid for all parking. However will it affect me that I did not update my V5 document for my car until just around the time the BW legal letters came through. I had not been living at my old house for a good few months and as stated, I did not receive the letters.

    I’m worried my V5 not being updated at the time will affect me.

    I did not receive the claim forms still though
    • IamEmanresu
    • By IamEmanresu 16th Oct 18, 8:12 AM
    • 3,658 Posts
    • 5,982 Thanks
    IamEmanresu
    I’m worried my V5 not being updated at the time will affect me.
    It won't affect the case against you as that is done on the facts of the case. You say you paid.

    What it will affect is the chance to get the £255 set-aside fee back as PPS can claim they did no wrong.

    If you are within 1 month of the judgement, you might be better to pay it rather than apply for a set aside but it is your choice.
    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
    • ahcs
    • By ahcs 16th Oct 18, 11:04 AM
    • 11 Posts
    • 0 Thanks
    ahcs
    It won't affect the case against you as that is done on the facts of the case. You say you paid.

    What it will affect is the chance to get the £255 set-aside fee back as PPS can claim they did no wrong.

    If you are within 1 month of the judgement, you might be better to pay it rather than apply for a set aside but it is your choice.
    Originally posted by IamEmanresu
    Ok thank you for the details

    I am within the 1 month of judgement. I don’t want to pay as I have done no wrong, but the situation I find myself in as you mention can still lead me to being £250 out of pocket even if I defend and win.

    Can you confirm whether if I pay within the 1 month of judgement no record will be made on my credit record for this?
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