VCS/BW Claimform - Excel PCN March 2012

[Woofers]

Hi,

 

Today I received a letter from Excel parking, stating that they have passed my PCN case onto BW Legal.

 

The letter from BW legal states that I owe £100 PCN charge plus clients legal costs of £54, with payment required within 16 days. They go on to threaten legal proceedings in the form of a CCJ claim form.

 

The original parking charge was from March 2012.

 

 

At the time, I ignored all correspondence from excel and the other supposed DCA's working for them as per the advice at the time.

 

 

Now, the thing is

- I actually paid for the parking that excel are accusing me of failing to pay.

It was one of those systems with cameras, where you put your registration in.

 

 

For some reason, I still got the letters. I even kept the original parking ticket until recently,

 

 

I threw it away because I (wrongly) assumed this had gone away after 4 years.

 

Any help with this matter would be greatly appreciated.

[dx100uk]

moved to the private parking forum and title amended.

 

lots of threads here on these

 

type in BW excel

in the search CAG box of the red top toolbar and have a read.

 

p'haps best to send them the one liner denial letter on lots of the threads you'll see

 

they are issuing claimforms like confetti on these

so better get in quick.

 

but even if they do it easily defended.

 

dx

[ericsbrother]

There is no keeper liability for this event as it is prior to the nov 2012 start date.

 

I simple letter stating that there was no breach of contract and in any case no keeper liability so please inform your clients any court claim will thus be vexatious and a full costs recovery order sought against them. Any further correspondence will be treated as harassment.

[Woofers]

Thanks for the response.

 

I have the following written down in a letter ready to send to BW today -"To whom it may concern,It is denied that any monies are owed to your client. There was no breach of contract and in any case no keeper liability.

 

Please inform your clients any court claim will thus be vexatious and a full costs recovery order sought against them. Any further correspondence will be treated as harassment.

 

Yours faithfully...."

 

Any recommended ammendments?

Edited August 8, 2016 by honeybee13
Paras.

[renegadeimp]

Nope. Keep it short and sweet

[Woofers]

Quick update on this. Letter received dated 26/08/16.

 

"We acknowledge receipt of your recent communication. We can confirm that your position has been noted, and will now seek our client's instructions to issue county court proceedings for recovery of the balance."

 

Does this mean I should expect county court papers imminently?

[dx100uk]

upto the client

there is no way of knowing.

[ericsbrother]

I read it as they are going to do nothing for the moment.

 

It is interesting to note that they continue to threaten you when they have no instruction to do anything so this reinforces my belief that the parking co's arent as bothered by all of this as it appears and that a couple of firms of lawyers are driving these claims forward.

 

I will get copies of their annual accounts next year as it does strengthen the possibility of a complaint of Champerty.

 

Previouely I did a FOI request regarding the court activities of CEL and DEAL but the request was denied because it was the subject of a criminal investigation.

 

The MoJ may be slow and creaky but they are not completely unaware of what goes on

[Woofers]

Today I received another letter, dated 01 Sep. It's the usual 2nd letter from what I can see, the "letter of claim."

 

Apparently they are "yet to receive payment and/or a response to our letter." Which contradicts the letter I received last, saying they acknowledge my position!

 

So, do I reply to this one? It seems like they're going through the motions.

 

I have to agree, it seems the law firms are the ones in the driving seat.

[dx100uk]

No you sent the one liner sit on your hands IMHO

[ericsbrother]

you sent the letter so now you ignore anything other than a N1 claim form and you can easily see that off and show they are acting without good faith.

[Woofers]

Came back off holiday to find a claim form dated 06/12/16, from Northampton court.

 

..the way I read it I've got 19 days from the 6th to respond.

 

Obviously I'm going to defend this,

 

so any help drafting a defence would be greatly appreciated.

 

Also,

the alleged offence was committed in West Yorkshire,

I live in South Yorkshire

.. why Northampton?

 

I assume this can be moved?

[honeybee13]

Hello there.

 

Northampton issues bulk claims. If the case goes ahead, it should be transferred to your local court.

 

HB

[dx100uk]

can you fill this out please

 

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?465231-Received-a-Court-Claim-From-A-Private-parking-Speculative-invoice-How-To-Deal-With-It-HERE***Updated-Aug-2016***

 

 

dx

[ericsbrother]

Can you post up the detail of the particulars of claim?

Chances are you can kill this with a CPR16.4 application to strike out if it as vague as the majority of these.

 

I would seriously consider a counterclaim as well.

 

Read the parking pranksters recent threads about misuse of the keeper details accessing and bear in mind thre never could be any keeper liability here

[Woofers]

Thanks, will do.

[Woofers]

Name of the Claimant ? Excel parking services ltd

Date of issue – 06/12/16

 

Date to submit defence = - by 4pm Friday 6th jan

 

 

(AOS was completed online 16/12/16)

 

 

What is the claim for -

 

 

1."The claimants claim is for the sum of £100.00 being monies due from the defendant to the claimant in respect of a parking charge notice (PCN) issued on 24/03/2012 (issue date) at 22:34:54 at providence street - Wakefield Anpr charging scheme STD (60-100).

The PCN relates to Under registration XXXXXXX.

 

2.The terms of the PCN allowed the defendant 28 days from the issue date to pay the PCN, but the defendant failed to do so.

Despite demand having been made, the defendant has failed to settle their outstanding liability.

 

3.The claim also includes statutory interest pursuant to section 69 of the county courts act 1984 at a rate of 8% per annum a daily rate of 0.02 from 24/03/2012 to 05/12/2016 being an amount of £34.36.

The claimant also claims £54.00 contractual costs pursuant to PCN terms and conditions.

 

What is the value of the claim? £263.36

Has the claim been issued by the original creditor

or was the account assigned and it is the Debt purchaser who has issued the claim ? BW legal services have signed as claimants legal representative.

Were you aware the account had been assigned – did you receive a Notice of Assignment? Received a letter from Excel stating that this was now being sent to BW legal. Letter received (same date) from BW legal confirming the same.

[ericsbrother]

so, a simple defence is

" the claimant has failed to identify the debtor and cannot rely on the keeper details of the vehicle and assume that they are the same entity. It is denied that the defendant ever entered into a contract with the claimant."

 

next,

look up CPR 16.4 and when Excel fail to answer your CPR31.14 in the time given

ask that the claim be struck out on the grounds that:

 

the claimant has failed to identify who was driving at the time and there is no keeper liabiity in this matter.

 

 

The terms that are supposedly entered into are not stated in this claim and in any case do not apply for this same reason of lack of identifying who the debtor properly is.

 

 

The claimant fails to show what the clain is in relation to,

whether a contractual charge or money owed due to a breach of contract

and if the latter what this breach is and how it came about.

 

 

As the claim is unclear to its nature and a lack of identification of who the claimant has allegedly formed a contract with

I request that this claim be struck out for having no realistic prospect of success.

 

 

Excel parking have also failed to show locus standi in this matter by way of a CPR 31.14 request for documents viz:

sight of a contract with the landowner that assigns the right to enter into contracts with the public and to make civil claims in their own name or to show that they have the necessary Planning permission for their signage that they rely on to make contracts with the public under the Town and Country Planning Act 2007

 

This will then go to the address you are given on the form to return the AOS to (probably Northampton bulk centre).

[dx100uk]

please note correct defence filing date ...

 

 

here is the CPR 31:14:

 

 

to the solicitors

[Your address]

.

[Their address [solicitors]

.

[Date]

.

Dear Sir or Madam,

.

Re: (Claimant's name) v (Your name) Case No:

.

CPR 31.14 Request

.

On (date) I received the Claim Form in this case issued by you out of the (Name) county court.

.

I confirm having returned my acknowledgement of service to the court in which I indicate my intention to contest all of your claim.

.

Please treat this letter as my request made under CPR 31.14 for the disclosure and the production of a verified and legible copy of [each of the following / the] document(s) mentioned in your Particulars of Claim:

.

1. the contract between [parking company name] and the landowner that assigns the right to enter into contracts with the public and make claims in their own name,.

.

2.proof of planning permission granted for signage etc under the Town and Country Planning Act 2007

.

3.copies of the notice to driver, notice to keeper and any other correspondence from [insert Claimant Name] & [insert Solicitors Name} to the defendant that they intend to rely upon in court.

.

You should ensure compliance with your CPR 31 duties and ensure that the document(s) I have requested are disclosed at your earliest convenience..

.

Your CPR 31 duties extend to making a reasonable and proportionate search for the originals of the documents I have requested, the better for you to be able to verify the document's authenticity and to provide me with a legible copy.

.

Further, where I have requested a copy of a document, the original of which is now in the possession of another person, you will have a right to possession of that document if you have mentioned it in your case. You must take immediate steps to recover and preserve it for the purpose of this case.

.

Where I have mentioned a document and there is in your possession more than one version of that same document owing to a modification, obliteration or other marking or feature, each version will be a separate document and you must provide a copy of each version of it to me. Your obligations extend to making a reasonable and proportionate search for any version(s) to include an obligation to recover and preserve such version(s) which are now in the possession of a third party.

.

In accordance with CPR 31.15© I undertake to be responsible for your reasonable copying costs incurred in complying with this CPR 31.14 request.

.

If you are unable to comply with this request within 14 days and believe that you will never be able to comply with this request please confirm in your response.

.

Yours faithfully

.

TYPE YOUR NAME DO NOT SIGN IT

[Woofers]

Thank you ever so much for the replies. I'll draft a defence using this information and post it up here for proof reading if that's ok. I want to get this right.

[Woofers]

Am I right in thinking I need to send the CPR 31 letter to BW asap, in order to give them 14 days to comply - then, if they don't, I include this fact in my defence before 06/01/17?

[dx100uk]

Doesn't matter about time limit

Won't play a part until disclosure

As your defence won't mention cpr

[dx100uk]

Get it sent today

[Woofers]

It will be typed up tonight and sent first class signed for tomorrow morning.

 

I'll be making a donation to CAG for your assistance in this, I wouldn't have known where to start.

[dx100uk]

Don't waste money

1st or even 2nd class with free pop from the po counter is all you legally need