VCS/BW Claim Form - ANPR PCN - Smyth Street Wakefield

[Card_Owner]

Hi,

 

I have today received a Claim Form from BW legal.

 

The Particulars of Claim read as follows:

1.The Claimant's 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 01/04/2016 (Issue Date) at 13:38:43 at Smyth Street - Wakefield Anpr Vcs Scheme Std (60-100).

 

2.The PCN relates to xxx under registration xxx.

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 being 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 01/04/2016 to 06/01/2018 being an amount of £12.92.

 

4The Claimant also claims £60.00 contractual costs pursuant to PCN Terms and Conditions.

 

The total amount of the claim is for £100 PCN + £60.00 legal costs + £12.92 interest plus £25.00 court fee plus £50.00 Legal representative's cost giving a total of £247.92.

 

For a bit of history,

I first received a PCN shortly after the above issue date,

looked into it, and opted to ignore it.

 

I have received several more since and opted to ignore them all.

 

I have now, today, received this Claim Form.

I have yet to take any action.

 

What should my first course of action be?

 

Should I respond to the claim online (as stated on the form, at moneyclaim.gov.uk?).

 

What should I then do upon doing this?

 

Please advise as soon as possible.

 

Thank you in advance,

 

Card_Owner.

[dx100uk]

Firstly please complete this:

 

https://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

[FTMDave]

You say the claim form is from BW Legal.

 

Is it from BW Legal or from the court?

 

From the wording, and your mention of moneyclaim.gov.uk, I would presume the court. In any case, don't panic, if it is from the court you will have several days in which to respond.

 

Please clarify this point, and the regulars, who are superb at battling these, will be on in the morning.

[fkofilee]

Itll be from the Northampton CCBC - So its a legit claim form...

 

Follow DXs advice and we will help where we can...

 

Prepare to deal with BW Legal and their poorly constructed arguments...

Edited January 12, 2018 by Andyorch
edited

[AndyOrch]

You say the claim form is from BW Legal.

 

Is it from BW Legal or from the court?

 

From the wording, and your mention of moneyclaim.gov.uk, I would presume the court. In any case, don't panic, if it is from the court you will have several days in which to respond.

 

Please clarify this point, and the regulars, who are superb at battling these, will be on in the morning.

 

19 days to acknowledge service and a further 14 days to submit a defence...33 days in total if defending.

 

Andy

[ericsbrother]

when you have submitted the acknowledgement of service

the first thing I would do is write to the court at the address given on the paper form and ask for the claim to be struck out under CPR 3.4 and 16.4 using its powers in CPR 3.3 as the particulars of claim are too vague and show no cause for action against the defendant.

 

They do nto say why the monies are owed,

for example whether this be as a contractual obligation or for a breach of contract.

 

If the latter they do not say what action by the driver has caused a breach or what condition has been breached.

 

They have failed to say in what capacity the defendant is liable as the defendant denies being the driver at the time and they cannot rely upon the POFA to create a keeper liability and in any case the amount claimed cannot exceed the sum notified by the offer of a contract by way of the signage at the site at the time.

 

This is again written into the Portection of Freedoms Act so there is no reason or excuse for the claimant to attempt to add supposed costs that are not allowable.

 

The defendant belives that as there is no cause for action by the claimant and the paucity of the POC doesnt indicate otherwise the action is a waste of the courts time and is not a genuine attempt to recover monies actually owed but an attempt to use the court process to coerce the defendant to submit to an unsubstantiated demand fo money that is not due.

 

make sure your case ref is on the letter.

It may well not get read at this stage but it certainly will if the claim gets as far as being allocated a slot at you local court.

You will also add a briefer version of this in your sleleton defence and expand upon it in your witness statement

as there are many cases that have been chucked out for this sort of rubbish submission and loads more where Gladdys have slunk off back under their stone knowing that they were going to lose their client money by continuing.

 

It is a numbers game for them,

they make an absolute fortune out of people who dont defend so they arent going to waste all of that battling you when their client is stuffed because they havent done their job properly

Edited January 12, 2018 by honeybee13
Paras

[Card_Owner]

Apologies, yes, from the court - Northampton CCBC, as mentioned by fkofilee.

[Card_Owner]

Firstly please complete this:

 

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

 

 

 

Thanks, I'll look to get this info posted as soon as I can, might not be until this evening though.

[Card_Owner]

Name of the Claimant: Vehicle Control Services Limited

 

claimants Solicitors: BW Legal

 

Date of issue: 9th Jan 2018

 

Date to ack by 27/01/18

 

 

date to submit defence = 09/02/18

 

The Particulars of Claim read as follows:

 

1.The Claimant's 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 01/04/2016 (Issue Date) at 13:38:43 at Smyth Street - Wakefield Anpr Vcs Scheme Std (60-100).

The PCN relates to Seat under registration xxx.

 

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 being 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 01/04/2016 to 06/01/2018 being an amount of £12.92.

The Claimant also claims £60.00 contractual costs pursuant to PCN Terms and Conditions.

 

The total amount of the claim £247.92.

 

Has the claim been issued by the Private parking Company or was the PCN assigned and it is the Debt purchaser who has issued the claim? VCS

 

 

 

I received a letter from BW Legal two days after receiving the Claim Form (though also dated 09/01/18),

titled: Notice of County Court Claim Issued.

I assume this is the Notice of Assignment asked for above?

[dx100uk]

right you need to get moving

you've already wasted 10 of your 33 days..

 

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 start 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

.

type your name ONLY

 

no need to sign anything

.

you DO NOT await the return of paperwork.

you MUST file a defence regardless by day 33 from the date on the claimform.

 

 

text of 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.

.

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

 

 

id be getting the above in the post TODAY

else you'll have lost another 3 days

[ericsbrother]

have you acknowledged the claim yet?

 

Get that done and you then have until feb 2nd to submit a skeleton defence to court.

 

Fail to ack the claim and you have lost before you have started.

 

This is the minimum you will need to do on your own, help is available for everything else.

[Card_Owner]

Right,

We've been very busy over the past week or so, hence, the very hastily posted response on Friday being the only action I've been able to take thus far.

 

Then, furthermore over the weekend - no time to do anything.

 

Thankfully, now in a position to devote time to this.

 

I'll get acting on your advice this morning then post an update later today. Thanks all.

[disgruntled2007]

You need to understand that this is a priority.

 

Only a family funeral should trump it.

 

Stop making excuses for being too busy to act or you’ll end up on the wrong side of the judgement.

[dx100uk]

so you did waste another 3 days...GET MOVING.

 

dx

[Card_Owner]

Hi, firstly thanks for your help on this matter thus far.

 

I have acknowledged my claim. I've drafted my CPR31:14 request, to go in today's post, based on the template you provided. Can you just clarify, which of the 3 documents listed I need to request, based on my Particulars of Claim? Do I just leave them all in?

[ericsbrother]

you ask for them all.

they wont supply any even if they have them

but chances are they will fall down on 2 out of 3 anyway.

 

The reason for asking is so that you can tell a judge that you have reasonable belief the docs and permissions dont exist.

 

It is common for BW to throw in the towel just before they get to a court hearing because they know their clients dont have a decent contract or permissions but hang it out just in case you get scared and pay up to avoid a day out.

[dx100uk]

you send the CPR 31:14 as is!!

[Card_Owner]

Thank you.

 

That's now in the post.

 

Is there anything further I can / I am required to take whilst waiting for a response?

[dx100uk]

yes

but you don't want hem to reply..think about it...

 

go read as many claimform threads here you can

do NOT MISS YOUR DEFENCE FILING DATE WHATEVER HAPPENS OR NOT

[dx100uk]

and?