Excel/BW claimform - PCN Swansea SA1 2012

[Wi3347]

The saga continues.

 

 

Another letter from BW Legal saying "Letter of claim" on it, but all it is, is another letter demanding the same amount of money by 6th of March 2017 or their client WILL instruct them to take legal action

they said in their letter last year that was the last chance before they took legal action.

 

 

Im of the opinion they know its pre POFA and I have no liability and are just continuing to try their luck and are now putting "Letter of Claim" across the top to make people think its at a more serious stage or something?

 

my intentions are to ignore?

 

Regards

47

[dx100uk]

yep. claim you owe something

not letter before action...

[ericsbrother]

they are not only rubbish solicitors but also rubbish clairvoyants.

 

They cant tell what thir client will do on a certain date but i will also offer a view of the future.

They will lose a court claim if they make one.

 

Dont bother responding, Excel have taken a bit of a beating in court recently on defended claims so BW are probably sending out a letter for free to kiss and make up with them for costing them money for their last day out.

 

Expect a letter saying you have won the Canadian lottery, all you have to do is pay them a £160 admin fee and the prize is yours I always wondered how they got peoples names and addresses, perhaps there is a link?

 

The saga continues.

 

Another letter from BW Legal saying "Letter of claim" on it, but all it is, is another letter demanding the same amount of money by 6th of March 2017 or their client WILL instruct them to take legal action

they said in their letter last year that was the last chance before they took legal action.

 

Im of the opinion they know its pre POFA and I have no liability and are just continuing to try their luck and are now putting "Letter of Claim" across the top to make people think its at a more serious stage or something?

 

my intentions are to ignore?

 

Regards

47

[Wi3347]

Well ladies and gentlemen.

 

I am surprised to say I have just received a claim form from county court!

 

I think there is a section of what to do now isn't there?

 

I will push it all the way through I'm not at all bothered by going to court.

 

It's always been on principle anyway that they demand so much money.

[ericsbrother]

first thing to do is acknowledge the claim.

Best done online at moneyclaimonline.

That way you can keep an eye on the clock for when they have to do the next bit.

Then you have an extra fortnight to submit a skeleton defence.

 

In this time you send off a CPR 31.14 request to BWL demanding sight of their contract with the landowner that assigns the right to enter into contracts with the public and to make civil claims in their own name.

 

Also ask for sight of the planning permission for their signage under the Town and Country Planning Act 2007.

 

Lastly you ask for strict proof of who the driver was at the time and copies of any notices or correspondence issued by their client.

 

Give the 14 days to respond.

They wont so you can add this failure to follow procedure and show evidence of a cause for action in your skeleton defence and ask for the claim to be struck out (on several grounds )

That will force the to either discontinue or risk a costs order, which will be your next request to court.

 

Get cracking so they are damned whichever way they go.

[Wi3347]

Ok perfect. Thanks.

Just to confirm.

 

Tick the option to dispute the whole claim.

Then shall I apply for the 28 days?

 

The extra time to prepare defence part?

[dx100uk]

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***(1-Viewing)-nbsp

 

 

please fill this out

[dx100uk]

pop up on the MCOL website detailed on the claimform.

.

register as an individual

note the long gateway number given

then log in

.

select respond to a claim and select the AOS box.

.

then using the details required from the claimform

.

defend all

leave jurisdiction unticked.

click thru to the end

confirm and exit MCOL.

.

get a CPR 31:14 request running to the solicitors

.

don't sign anything

.

here is the CPR you need to send:

 

 

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.

.

You are reminded that as this case is yet to be allocated to a track, CPR31:14 does apply, a refusal to comply because you 'think' at this stage you dont have too will be used against you in any filed defence.

.

Yours faithfully

.

TYPE YOUR NAME DO NOT SIGN IT

 

........

[Wi3347]

Ok, thats all done as above and i will post it to them tomorrow unsigned. I looked at the "fill this out" bit above but it seemed more to do with current accounts and overdrafts etc etc than PCN's so i dont know if its worth filling in? but of you think its worth it i will.

 

Thanks

Regards,

47

[dx100uk]

well atleast the POC and the dates

[ericsbrother]

once you tick the defend in full you automatically get another 14 days added to the existing fortnight from the date of issue.

 

You don't have to apply,

all you need to do is get a few bullet points in the relevant spot and it progresses to the next bit.

 

The reason you aren't doing that now is you want to hit them when they don't follow the court procedures regarding the CPR information request.

 

If you delay sending that to the solicitors you will run yourself out of time so get a move on with the CPR 31.14 and the ack of service .

 

Ok perfect. Thanks.

Just to confirm.

 

 

Tick the option to dispute the whole claim.

Then shall I apply for the 28 days?

 

 

The extra time to prepare defence part?

[Wi3347]

I got the cpr request and ack of service done on the 16th.

 

Then received a condescending letter in the post from BW legal saying as you will be aware we have served a claim against you and then a little section saying this is what you NEED to do now

 

Name of claimant - Excel parking services LTD

Date of issue - 13 March 2016

 

 

particulars of claim

1.the claimant's claim is for the sum of £100 being monies due from the defendant to the claim in respect of a parking charge notice issued on 6th of August 2012 at XXXXX hrs at Swansea SA1

 

The PCN relates to a XXXXX under registration XXXXX.

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.

 

 

The claim also includes statutory interest pursuant to section 69 of the County Courts Act 1984 at a rate of 8% per annum and a daily rate of 0.02 from 6th August 2012 to 10th of March 2017 being an amount of £33.56.

The claimant also claims £54 contractual costs pursuant to PCN terms and conditions.

 

Regards

47

[Oddfellow]

Well they can get stuffed, to use the polite archaic term.

 

The contract you are purported to have entered into is for the sum of £100.

That is what they can claim. End of story.

 

But they still haven't said what it is for: Is it a contractual charge, or is it a penalty for you breaching the contract.

 

But I would say at this stage ignore anything they have to say, and deal solely with the instructions of the court.

[ericsbrother]

they are hoping you are bricking it and are going to pay up.

If you dont their client will lose some more money and they will both look stupid.

 

Later on you should consider asking the court for a full expenses order for their unreasonableness

(ie they know that pre-POFA they have to show strict proof of driver identity) under CPR 27.4.2(g)

 

You may be asking for a striking out of the claim anyway,

 

wait until you get the directions questionnaire and the go for that as the claim is too vague as to be viable

[Wi3347]

Will the directions qiestionaire come in the post or online?

 

 

I will update further when I hear more as I'm clueless from this point forward.

 

Regards

47

[dx100uk]

the N180 will come in the post from the court.

 

 

dx

[Wi3347]

Nothing in the post yet.

Shouldn't it have come by now?

Will it definetly be by post and not online since I responded online?

 

Regards

47

[ericsbrother]

it will be thriough the post.

You can check the progress of the claim online and if Excel havent done their next bit on time you can ask for the claim to be struck out (various grounds) but that isnt a certainty

[Wi3347]

Still nothing in the post.

I checked online and there has been nothing from excel so far, the only things there are them issuing the claim and me responding do it.

No additional documents or anything so far

[ericsbrother]

the you wait until it happens. It is down to the courts service to send out the allocationquestionnaire and they will do so when it is tim to do so.

[dx100uk]

its quite a common new tactic for the claimant sols to send a copy of any 'proposed' paperwork to unsettle and unnerve defendants.

 

lowells have started to do this with civil in the last 3mts.

 

these fleecers whilst slow to pick up upon the confusion sending a proposed N180 causes

they'll not be slow to exploit it.

[Wi3347]

Still not a thing in the post from the court.

No info or documents added online.

Don't I need to submit my defence now?

As per the time line i need to be putting it in now

 

Regards

47

[dx100uk]

You def is due today by 4 pm

 

Find and use the simple 2 line VCS excel bw defence in most threads here

[Wi3347]

Ok will do, no need to mention anything extra at this stage? Such as the documents I requested which were not supplied

[Wi3347]

The claimant has not offerd a contract, so there cannot be a*

breach of contract claim for the defendant to consider. Sigange at*

the site does not create a contractual obligation upon the*

defendant so no breach could have occurred.

 

Is what I've gone for.