Cpm/BW windscreen pcns - BW PAP LOC Now Claimform - (residential car park) The citrus Building, Maderia road, Bournemouth ***Claim Dismissed with Costs** now another PAPLOC for another same place ticket ***Dismissed again with costs***

[harni]

I’ll change it to the owners of CPM for clarity’s sake.

 

Funnily enough I had an email from BW today...”contact us about your account with us” requesting me to email them back. Is it advisable to send this by post?

[harni]

Note taken, letter being sent tomorrow!

[harni]

It’s shameful really that they could do something like that and get away with it but then, their whole business model is based on fraud so it’s hardly surprising!

[harni]

Letters have gone off a while ago to BW Legal CC'ing CPM and i have proof of postage in the ever growing file of paperwork.

Unfortunately i am yet to receive a reply which is a shame because i'm quite enjoying wasting their time now!

 

I have however today had a laugh.

Remember the image i posted a few posts back highlighting the area they "manage"?

Well today guess what i have seen?

 

One of the directors parking blocking the entrance to the flats whilst he walks around ticketing against their own terms and conditions!

I know it seems a little petty but is this something i can use against them if they decide to take this to court?

 

Im going to try and get more evidence of their poor management and take it to the local paper i think.

I know this wont get me anywhere with my case with them (if they even decide to create one) but i just want to make life as hard as possible for them

 

Nice thing is, one of their tickets evidence includes an image of my vehicle with guess what?

This car parked in the background.

I do also have closer images with the reg number in

 

Sorry, seems a little petty but ive got the bit between my teeth with this now!

 

One of the directors parking blocking the entrance to the flats whilst he walks around ticketing against their own terms and conditions!.pdf

[harni]

Just out of interest, how long do BW usually take to reply? My letter was sent to them on the 3rd of Jan and everything has been very quiet...

[harni]

So one of these tickets they issued has been progressing as expected and now BW legal are chasing me. I have noticed though that a few days ago they have carried out a credit check on me. Is there any reason behind this and are they even allowed to do this?

[harni]

Ah ok, nothing to worry about then. Thank you!

[harni]

They have been calling me daily and not getting very far

 

”can you confirm your address”

 

”it’s the same as the last one you sent your spam letters to”

 

”so you won’t confirm it”

 

”you have it”

 

”ok we will send another letter”

 

 

more money wasting i can do for them the better!

[harni]

Or there’s no point in sending them a letter. They are blind

[harni]

Name of the Claimant ? Countrywide Parking Management Limited

claimants Solicitors: BW Legal

 

Date of issue –  28th August 2019

 

What is the claim for – 

 

1.The claimants claim is for the sum of £667.19 being monies due from the Defendant to the Claimant in respect of Parking charge notices (PCN) for parking contraventions which occurred between and on private land managed and operated by the claimant, where the defendant was responsible for a vehicle registration mark, seen breaching the terms and conditions in operation at the car park/private land.

 

2.The defendant was allowed 28 days from the PCN issue date to pay each PCN but 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 0.11 from 20/12/2018 to 27/08/2019 being an amount of £27.19. The claimant also claims £ contractual costs as set out in the terms and conditions. 

 

What is the value of the claim? £667.19, 

 

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 ? countrywide parking management

 

Were you aware the account had been assigned – did you receive a Notice of Assignment? I was aware BW legal had the account when they started chasing me for the charges.

 

…………………….

 

Throughout a period of about 6 months, i have received several parking charges in the car park at home, some of which i have discussed in threads on this forum.

 

Ultimately the parking company have been very unprofessional.

The space is large enough for 2 cars end to end and their reason for issuing a charge every time has been "double parked".

 

As usual, they have stated that this is against their terms and conditions sign posted and i have made it clear to them every time (including pictures) that their signage does not state this is not allowed (they have now changed it however this is after the date of the last charge issued).

 

Today i have come home to a county court claim form and would like advice on how to proceed bearing in mind i am a tenant in this building and the parking company are employed by the management association

 

[harni]

Thanks guys. 

Im very curious as to how they have come up with the £667.19 owed as all the charges have been £160 each so would the CPR be the time to ask for that detailed breakdown or would I wait until further down the line for that?

[harni]

Absolutely nothing.

The only thing I’ve had is the claim form with the above POC.

No description of the actual claim, doesn’t even say where this all happened!

[harni]

I see, I was under the impression that would have been under their legal costs. That makes sense. I still have no idea of which charges this related to unfortunately 

[harni]

Thanks for your help so far guys,

 

Right, i have registered on the money claim website and acknowledged that i intend to defend in full. 

 

Tomorrow i will start typing up the CPR and get that posted off to BW Legal Monday morning.

 

It does say that the claimant is Countrywide parking however the address for sending documents and payments is BW legal.

 

Do i need to send a copy to Countrywide as well?

[harni]

Noted with copying the template over, apologies. The letter has now been sent off to them and i am writing the defence. Am i ok to post that up for criticism?

[harni]

1. It is admitted that Defendant is the hirer of the vehicle(s)
in question.

2. It is denied that the Defendant has breached any of the terms
and conditions as set out by the claimant on their signage.

3. The Claimant has noted on the parking charge notices attached
to the vehicle that the reason for enforcement was due to double
parking. Not only is this missing as a prohibited action from the
terms and conditions set out by the Claimant, the Claimant has
issued letters to each resident of the site stating that double
parking is allowed in the under croft spaces.

4. It is denied that the Claimant entered into a contract with the
Defendant. As held by the Upper Tax Tribunal in Vehicle Control
Services Limited v HMRC [2012] UKUT 129 (TCC), any contract
requires offer and acceptance. The Claimant was simply contracted
by the landowner to provide car-park management services and is
not capable of entering into a contract with the Defendant on its
own account, as the carpark is owned by and the terms of entry set
by the landowner. Accordingly, it is denied that the Claimant has
authority to bring this claim. The proper Claimant is the
landowner.

5. The Claimant, by their own admission during an appeal against
one of the parking charges in question, are not contracted by the
landowner to cover the parking space in question.

6. The Particulars of Claim is denied in its entirety. It is
denied that the Claimant is entitled to the relief claimed or any
relief at all.

[harni]

No, not all of it.

Some of it was a template which I believe to be relevant

(however if I’m incorrect then I’d really appreciate some advice on where I’ve gone wrong)

[harni]

Thats the idea.

Whilst I’m confident that they won’t be stupid enough to actually take this to court, and even if they do, will lose, I still want to make sure I have all my ducks in a row

 

on a side note, when does the phone calls become harassment?

BW are calling me daily, sometimes several times a day.

 

I did answer to them once when they asked what my intentions were which was made perfectly clear to be told

“we will keep calling you regardless”

[harni]

It wasn’t recorded as to be honest, I was caught a little off guard however they are calling on a daily basis so I’ll make a point of recording the next one!

 

there won’t be any crumbling here.

I’ve just been reading through the history of this to jog my memory on some of the events and it’s reminded me just how pathetic they are as a business. I fully intend to waste as much of their time and hopefully money as possible. 

[harni]

Perfect, will make sure to do this next time they call although surprisingly they haven’t today (yet)

[harni]

I have just received BW Legals response to my CPR Letter, about 40 pages of reprints of the various letters that have been sent to me over the past 10 months. Again their evidence here only supports my arguments that their terms and conditions do not deny residents the ability to double park in spaces where possible which is what the tickets were issued for. 

 

I am yet yet to submit my defence. Would now be the time to do so or do I wait until the last moment?

[harni]

No they didn’t however that is due to the fact I didn’t request it.

 

During my research before sending it, I was under the impression they were not in a position where they had to release that information however I realise now that I should have requested that. 

As DX has kindly confirmed, it’s due 27th so I do still have some time but want to start refining (and not make silly mistakes!)

 

I’m convinced here they have really stitched themselves up but need to cover all bases

[harni]

Im due to submit my defence on MCOL in a few days and have the defence below.

I would appreciate any criticisms or improvements.

 

In reference to point 3, the claimant has actually provided me with a letter stating that double parking IS acceptable.

Do i include this or leave that to later down the line at WS stage?

 

 

Defence.pdf

[harni]

thank you Eric for the advice.

 

Yours sounds much better and to the point!

 

I will be submitting defence this evening and see how we get on from there.

They have still been hassling with persistent calls and letters!

[harni]

I did notice that but thanks for correcting

 

although I’m sure I could spell it however I wanted and they would still ignore and carry on with this rediculous claim!