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  • FIRST POST
    • lacoolj87
    • By lacoolj87 13th Jan 19, 9:30 PM
    • 23Posts
    • 3Thanks
    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
    • 12,035 Posts
    • 12,734 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
    • 38,500 Posts
    • 86,317 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
    • 23 Posts
    • 3 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
    • 12,035 Posts
    • 12,734 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
    • 23 Posts
    • 3 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
    • 23 Posts
    • 3 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
    • 65,498 Posts
    • 78,049 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
    • 38,500 Posts
    • 86,317 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
    • 23 Posts
    • 3 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,
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