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  • FIRST POST
    • lacoolj87
    • By lacoolj87 13th Jan 19, 9:30 PM
    • 51Posts
    • 22Thanks
    lacoolj87
    "Please Help" claims form from BW legal
    • #1
    • 13th Jan 19, 9:30 PM
    "Please Help" claims form from BW legal 13th Jan 19 at 9:30 PM
    Hi,



    I have received 2 claims forms in the new year from Northampton court, they are on behalf of BW legal and NTC(norwich traffic control), I would like to ask for some advice on the best defence i can muster to fight these crooks in court. I have completed the acknowledgement of service for both last thursday 10th Jan 2019,


    I have previuosly received a claim from the same people last october and after reading the guide on here submitted a defence to the court via email. this is still on going, (still not received the directions questionairre) this defence was put together in haste and not well thought out by myself, it was the first time i have done this and found it quite confusing and felt rushed to meet deadlines. i have received a letter from BW legal saying they know it is mainly copied and pasted and they wish to continue to court. have not heard from the court since november however.


    i am trying to do it better this time because i want to beat them and also not have to pay as these 2 new ones are for substantially more.


    all tickets i received relate to parking at a residential property and cover a period of around 7-8 months where i got about 15-20 in total.


    any advice would be very welcome.



    thanks
Page 1
    • KeithP
    • By KeithP 13th Jan 19, 9:36 PM
    • 13,660 Posts
    • 14,921 Thanks
    KeithP
    • #2
    • 13th Jan 19, 9:36 PM
    • #2
    • 13th Jan 19, 9:36 PM
    Two days ago, on your other thread, I asked you for the Issue Date on your Claim Forms.
    .
    • Fruitcake
    • By Fruitcake 13th Jan 19, 9:37 PM
    • 39,139 Posts
    • 87,414 Thanks
    Fruitcake
    • #3
    • 13th Jan 19, 9:37 PM
    • #3
    • 13th Jan 19, 9:37 PM
    What does your lease/AST say about parking. This is crucial and will likely form the main part of your defence.

    Look for any mention, or not, about permits, whether a third party can issue charges whether a third party can initiate court.

    Your lease will have primacy of contract over anything an unregulated third party scammers says.

    Have you complained to the landowner/HA/MA? Who brought I the scammers? They should be there to stop unauthorised parking, not scam genuine residents.
    Last edited by Fruitcake; 14-01-2019 at 8:17 AM.
    I married my cousin. I had to...
    I don't have a sister.

    All my screwdrivers are cordless.
    "You're Safety Is My Primary Concern Dear" - Laks
    • lacoolj87
    • By lacoolj87 13th Jan 19, 9:58 PM
    • 51 Posts
    • 22 Thanks
    lacoolj87
    • #4
    • 13th Jan 19, 9:58 PM
    • #4
    • 13th Jan 19, 9:58 PM
    the issue dates are 7th & 9th jan
    • KeithP
    • By KeithP 13th Jan 19, 10:03 PM
    • 13,660 Posts
    • 14,921 Thanks
    KeithP
    • #5
    • 13th Jan 19, 10:03 PM
    • #5
    • 13th Jan 19, 10:03 PM
    the issue dates are 7th & 9th jan
    Originally posted by lacoolj87
    With a Claim Issue Date of 7th January, or 9th January, and having done the Acknowledgement of Service in a timely manner, you have until 4pm on Monday 11th February 2019 to file your Defence.

    That's four weeks away. Loads of time to produce a perfect Defence, but don't leave it to the very last minute.


    When you are happy with the content, your Defence should be filed via email as suggested here:
    1. Print your 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. Do not be surprised to receive a copy of the Claimant's Directions Questionnaire, they are just trying to put you under pressure.
    8. Wait for your DQ from the CCBC, or download one from the internet, and then re-read post #2 of the NEWBIES FAQ sticky thread to find out exactly what to do with it.
    Last edited by KeithP; 13-01-2019 at 10:24 PM.
    .
    • lacoolj87
    • By lacoolj87 13th Jan 19, 10:17 PM
    • 51 Posts
    • 22 Thanks
    lacoolj87
    • #6
    • 13th Jan 19, 10:17 PM
    • #6
    • 13th Jan 19, 10:17 PM
    my lease makes no mention of being charged to park.


    It is just one paragraph
    "5.14: you must not park any motor vehicle except in a place provided or designated for a motor vehicle such as a garage or hard standing area, You must not park on any grass any grass verge, remove any garden fence or hedge or park on any grassed areas, in addition, you must not keep at the property unroadworthy motor vehicles, caravans, large commercial vehicles or any vehicles converted from a large commercial, vehicles must be taxed and insured or we will arrange their removal"
    • lacoolj87
    • By lacoolj87 13th Jan 19, 10:19 PM
    • 51 Posts
    • 22 Thanks
    lacoolj87
    • #7
    • 13th Jan 19, 10:19 PM
    • #7
    • 13th Jan 19, 10:19 PM
    Hi Keith,



    I thank you for you replys.


    i have done the AOS,


    my main reason for creating a new thread this time is to garner some further advise on creating the best defence,
    as i said previously, my last defence was shaky at best and i want the best possible chance of beating these crooks if and when it goes to court.
    • Coupon-mad
    • By Coupon-mad 14th Jan 19, 1:22 AM
    • 68,591 Posts
    • 80,863 Thanks
    Coupon-mad
    • #8
    • 14th Jan 19, 1:22 AM
    • #8
    • 14th Jan 19, 1:22 AM
    received a claim from the same people last october and after reading the guide on here submitted a defence to the court via email. this is still on going, (still not received the directions questionairre) this defence was put together in haste and not well thought out by myself,
    So, take this approach and hopefully the Judge in the end will accept your later defence as the test case defence for a merged case (one hearing):

    https://forums.moneysavingexpert.com/showthread.php?p=75304612#post75304612

    HTH
    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
    • Fruitcake
    • By Fruitcake 14th Jan 19, 8:17 AM
    • 39,139 Posts
    • 87,414 Thanks
    Fruitcake
    • #9
    • 14th Jan 19, 8:17 AM
    • #9
    • 14th Jan 19, 8:17 AM
    my lease makes no mention of being charged to park.


    It is just one paragraph
    "5.14: you must not park any motor vehicle except in a place provided or designated for a motor vehicle such as a garage or hard standing area, You must not park on any grass any grass verge, remove any garden fence or hedge or park on any grassed areas, in addition, you must not keep at the property unroadworthy motor vehicles, caravans, large commercial vehicles or any vehicles converted from a large commercial, vehicles must be taxed and insured or we will arrange their removal"
    Originally posted by lacoolj87
    There is nothing at all about permits, paying a third party unregulated scammer, nothing about being taken to court by a third party scammer.

    As I said, this will form a major part of your defence.

    What about the other questions I asked you?

    Have a look here to see what other judges have said about residential parking.

    http://parking-prankster.blogspot.com/2016/11/residential-parking.html
    Last edited by Fruitcake; 14-01-2019 at 8:19 AM.
    I married my cousin. I had to...
    I don't have a sister.

    All my screwdrivers are cordless.
    "You're Safety Is My Primary Concern Dear" - Laks
    • lacoolj87
    • By lacoolj87 14th Jan 19, 10:37 AM
    • 51 Posts
    • 22 Thanks
    lacoolj87
    Thank you for the reply and you time helping me,


    I have not complained to the landowner in any cases as yet, these all relate to a new address i had just moved to and once i started getting tickets i kind off burried my head for a while and hoped it would go away,
    • lacoolj87
    • By lacoolj87 28th Jan 19, 3:37 PM
    • 51 Posts
    • 22 Thanks
    lacoolj87
    HI,


    A further update on my current situation,
    I am still finalizing my recent 2 defences to fight claims brought by BW legal on behalf on NTC Ltd,


    I have received through the post on Saturday 25th, a letter of claim from company DCB Legal Ltd,
    They claim to act on behalf of DCBL in respect of a debt due under "AN AGREEMENT" between me and NTC Ltd.


    Basis of Claim:
    you enter into an agreement with NTC under reference 406124.

    In accordance with the terms of that agreement and previous correspondence sent to you, there remains a balance outstanding. in light of the supporting evidence, correspondence and invoices, you are liable for the sum.


    the amount they are trying to claim is around 3000 with the interest, apparently.
    to ensure no action, please pay now!


    this is the bit i need advise on also:
    You are expected to acknowledge this letter of claim and pay the debt in full within 30days of the date of this letter, failure to do so will result in a claim being issued against you WITHOUT further notice.

    Can i ask why i have received this and what they are playing at considering i have alreadey received 3 claims form from the northampton court for all these tickets, 1 case is stayed, the other 2 i am about to submit defences for,

    Is there any reply i can send to them to let them know they do not scare me and i will fight this until the last possible moment and will see them in court,


    How dare can they claim i owe them nearly 3000 for this so called debt.


    Many thanks.
    • The Deep
    • By The Deep 28th Jan 19, 3:56 PM
    • 12,438 Posts
    • 12,575 Thanks
    The Deep
    Have you read this

    http://parking-prankster.blogspot.com/2016/11/residential-parking.html

    If your lease/AST does not mention parking permits and paying 100 then the PPC may well be interfering in your right to peace enjoyment of your property, possibly an offence under The Landlord and Tenants Act.

    http://parking-prankster.blogspot.com/2016/12/link-parking-and-overstone-court.html

    http://parking-prankster.blogspot.com/2016/12/link-parking-and-overstone-court.html

    http://nebula.wsimg.com/d31f6731eeb7b4e07c7fc2f512f18abc?AccessKeyId=4CB8F 2392A09CF228A46&disposition=0&alloworigin=

    Also google Tortuous interference as you may be able to claim against them. These scammers have no place in residential car parks.

    The whole industry is a scam, relying on threats of court, and the public's ignorance of the Law, A bill is currently before parliament which will regulate the scammers, many of whom are ex-clampers.

    This is an entirely unregulated industry which is scamming the public with inflated claims for minor breaches of alleged contracts for alleged parking offences, aided and abetted by a handful of low-rent solicitors. Is has been suggested by an MP that some of these companies may have connections to organised crime.

    Parking Eye, CPM, Smart, (especially Smart}, and others have already been named and shamed in the House of Commons as have Gladstones Solicitors, and BW Legal, (these two law firms take hundreds of these cases to court each week), hospital car parks and residential complex tickets have been especially mentioned. They lose most of them, and have been reported to the regulatory authority by an M.P. for unprofessional conduct

    The problem has become so widespread that MPs have agreed to enact a Bill to regulate these scammers.

    Sir Greg Knight's Private Members Bill to curb the excesses, and perhaps close down, some of these companies passed its Second Reading in the Lords this month, and, with a fair wind, will l become Law later this year..

    All five readings are available to watch on the internet, (some 7-8 hours), and published in Hansard. MPs have an extremely low opinion of the industry. Many are complaining that they are becoming overwhelmed by complaints from members of the public. Add to their burden, complain in the most robust terms about the scammers.
    You never know how far you can go until you go too far.
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