Brittania/BW Claimform - 3xPCNs - sth Esx college Lukers rd Southend ss11nd

[dx100uk]

yes insult them

there are numerous such responses here

 

use the search CAG box of the top read toolbar

 

write to gladstones BW

 

or alike

[brassnecked]

If Will & John who think they are the cleverest Solicitors in the land (NOT) know they are rumbled and that you won't roll over they are more likely to give up, and if they did persuade the PPC to sue the insulting letter that shows there is no basis for their demand, they risk a tolchocking from a judge if they tried court.

[ericsbrother]

I would have written something different if I wanted to say something different. I put it in quotes to make it easy to understand what part to actually write so send that short letter pronto. Copy to parking co as well so they know that they will be spending money on a gamble rather than a certainty

[Kazandjay]

Hi again, court forms have now arrived from the county court business centre, Northampton.

It gives me options to pay, defend all the claim, defend part of claim or contest jurisdiction.

Also have a page to list ingoings and outgoings and to write a defence.

Could anyone offer advice, or point me in the right direction.

I’m absolutely terrified now.

 

Thank you

[dx100uk]

nothing to be terrified about

its a speculative invoice ...speculative court claim..designed to make you go run and get a nappy ..

 

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***

[Kazandjay]

Name of the Claimant :

Brittania

 

claimants Solicitors:bw legal

 

Date of issue – 4/2/19

 

What is the claim for –

 

1.The claimants claim is for the sum of 460 being monies due from the defendant to the claimant in respect of a pcn issued on xxxxxxxxxx At Southend college Southend.

The pcn relates to Nissan under registration number xxxxxx.

 

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 5/9/18 to 1/2/19.” Being an amount of £3

The claimant also claims £60 contractual costs pursuant to pcn terms and conditions.

 

 

What is the value of the claim? £460

 

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 ? Brittania

 

Were you aware the account had been assigned – did you receive a Notice of Assignment? N0

[honeybee13]

Hi.

 

Do you know how they arrived at the figure of £460? That sounds quite high but if it's unreasonable that helps your case more.

 

HB

[ericsbrother]

so for the moment you acknowledge the claim and tick the box saying defend all. You can do this online by opening an account at moneyclaim and follow the instructions.

 

Once this has been done you have a further fortnight to submit an outline defence. This can be quite simple so somehting like " no contract was offered by the claimant to the defendant at the time so there is no breach of contract and thus no cause for action"

 

now when it have got as far as the court date being set you will have to flesh this out but you can also rubbish their Particulars of claim, the failure to follow the civil procedure rules and add a load of other stuff that applies as well. It is usual for the solicitors like BWL and Gladdys to then pull the plug on their clients because they know the chances of winning are very small.

Edited February 16, 2019 by honeybee13
Paras, typos

[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 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 [if one is not listed send to the claimant]

https://www.consumeractiongroup.co.uk/forum/showthread.php?486334-CPR-31-14-Request-to-use-on-receipt-of-a-PPC-(-Private-Land-Parking-Court-Claim)

.

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 [1 in the count]

[ericsbrother]

we need some decent pictures of the entrance to the land from the public highway, pictures of any signs there and also of the signage in the place the car was parked. Get them done now so you arent left chasing thsi up whe it becomes critical.

we also need to see the original NTK's so if your son binned these the at least tell us if they were received at the time. the cahnces of them being POFA compliant is slim but it would ahve been better to be able to read one to offer comment. Look for other Britannia parking threads and see if they have one posted up and if so let us know

Edited February 18, 2019 by ericsbrother

[Kazandjay]

hi there, i have today received "notice of proposed allocation to the small claims track letter. 

 

It states this is now a defended claim and the defendant have filed a defence.

The case is suitable for allocation to the small claims track.

Enclosed i have a small claims questionnaire form n180 and have to file it with the court office. The majority of the form looks like mediation. 

I have looked in previous posts for help with filling in this form but to be honest I'm absolutely terrified of doing the form wrong and having to go to court.  

Any help would be really appreciated.

 

The first part of the form is asking if i agree with mediation.

then my contact details.

next its asking if i agree with it being appropriate for small claims track

then asking preference for the hearing and any expert evidence

witnesses

then just my signature.

 

thank you so much 

 

karen 

 

[dx100uk]

not been reading other threads getting ready for this next stage then since feb 18?

 

cag is self help too.

 

no to mediation

1 wit you 

the rest is obv.

3 copies

1 to court

1 to their sols [minus email/sig/phone]

1 for your file

 

 

[Kazandjay]

Thank you for replying.   

I have done as much reading as I possibly can since feb 18.  I completely understand it’s self help and have learnt so much.  

I can’t put into words the fear I feel when these court forms arrived but I understand the importance of getting them correct.  

 

Thank you once again 

[dx100uk]

Hey dont ever fear court.

its not what you see on tv

most are sitdown jobs around a table..if if if..it ever get that far.

never forget you always have the upperhand.

 

Dx

[ericsbrother]

this form is easy- no to mediation and yes to small claims. That limits both parties costs.

you DO want to go to court becasue they dont want to, they have used this just to coerce you into paying them money the arent owed.

Now after this they will send you a letter saying that small claims is appropriate and that the matter has been allocated to your local county court (unless you specified a different court on this N180 form)

The parking co will then kick themselves because they will have to either drop the claim or pay another £25 hearing fee and then risk not only chucking away the £100 they have already spent on getting this far but losing a larger amount in costs for the day when they lose.

 

now so I dont have to go back over this thread did you contact the DVLA and enquire who accessed your keeper detaisl, when and why? they need to have made a search for each charge because they cannot assume that just because you were the keeper one day that you were also the keeper for the other events, even if they were the next day. One of the parking co's managing a railway car park got slaughtered some years back for (unlawfully) seizing a car that they thought belonged to a person who kept abusing the car park and it cost them thousands just because they hadnt done an up to date ownership check.

So in your case if they didnt check the keeper details it may be possible you transferred the ownership to another person after the first ticket and took back ownership between then and now. Not a common occurrence but could happen with a taxi lease for example.