Link Parking PCN n- ow gladstone letter of claim - used Incorrect machine for area - Llynfi Court, Llynfi Lane, Bridgend ***Claim Discontinued***

[Brunowales]

Hi All,

I have received a letter today off BW Legal informing me that a claim has been issued on the 21st December 2020 for this parking ticket. 

 

I have not received the claim form or a letter sent by them on 15th December stating they will be issuing a claim. 

It looks like I am now outside the 28 days to acknowledge the claim so am unsure of what steps to take now. 

 

Could someone please advise on what steps I can take.

[brassnecked]

Could you post up the letter redacted as PDF. has it any reference number for the claim they issued on it

[dx100uk]

haven't moved have you?

 

[brassnecked]

Good point DX, althogh would they try a previous address backdoor if they had the correct new address?

[Brunowales]

Hi I have not moved and find it very strange I did not get the letter on 15th.  I have just spoken to the court and they are e mailing me the pack and have told me to get my defence in as soon as possible as technically I am out of time. What a joke.

[dx100uk]

When you get it please complete this:

https://www.consumeractiongroup.co.uk/topic/393251-received-a-court-claim-from-a-private-parking-speculative-invoice-how-to-deal-with-it-hereupdated-aug-2016/

[FTMDave]

As time is of the essence also start drafting a defence.  It only has to be very brief & generic, just a few lines.  Look in the PPC Successes thread at the top of the page, start from the last page and look for threads with "claimform" in the title.  There will be lots of examples of defences.  

[brassnecked]

Use the online MCOL once you have the pack for AOS.

[Brunowales]

Hi All, I have again spoken to the court who say they cannot e mail me a copy of the claim form but can sent particulars of claim - they have send PDF's for defense etc.  They have said to contact BW Legal for details of claim.  Surely this is not correct?

[dx100uk]

You dont need too

if you have the poc now just  do my last link please

[Brunowales]

Name of the Claimant :Link Parking Limited

 

Claimants Solicitors: BW Legal

 

Date of issue – 21st December 2020

 

Date for AOS - 9th January 2021

 

Date to submit Defence - 22nd January 2021

 

What is the claim for –

 

1. the claim is for the sum of £114 being  the contractual charge due from the defendant in respect of a parking charge notice (pcn)  for a contractual breach which occurred on  **/**/**** in the private car park/land at  lynfi court - lynfi lane bridgend cf31 1su.  in relation to a ford fiesta   registration mark *******.

 

2. the pcn was issued as the defendant failed to comply with the terms and  conditions, as displayed.  

 

3.despite demands, the charge remains unpaid.  

 

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 26/02/2019 to 14/12/2020 being an amount of £**.**.  the claimant also claims £60.00 recovery costs as set out in the terms and conditions and in the ata aos code of practice

 

What is the value of the claim?£248

 

 

Amount Claimed £173

court fees £75

legal rep fees 

Total Amount £248

[brassnecked]

Have the court said its OK to submit a defence as you never had the claimform?

[dx100uk]

do you have the MCOL Password?

if not go ring the court again and get it or get them to reset it

you need access to MCOL to do AOS and file your defence.

[Brunowales]

The court has said to get the defense in as soon as possible as the claimant has not yet activated the CCJ.  They have said to e mail the defense in.

 

The court has told me to contact the claimant for a copy of the claim form, the claimant has said that they dont have it and to ring the court - going round in circles with this one.  I am going to get the defence done asap and e mailed in.

[dx100uk]

i said not to phone the fleecers.

 

you have to acknowledged the claim 1st 

get that done by email now today

 

 

you have till friday to file defence...breathe slowdown some.

 

it will help you immensely if you could get Northants bulk to reset MCOL as you don't have the password from the claimform..so you can file online and get updates online as the case progresses. get that MCOL website portal working!

 

[Brunowales]

Thanks DX will get that sorted now

[brassnecked]

Phew the fleecers will see a nice easy default go down the toilet .

[dx100uk]

let hope so, 

did you get the MCOL access sort BW?

[Brunowales]

Couldn't get through to MCOL yesterday afternoon - looks like the claim was issued on 15th December not 21st like I was told.  Will try again today but not looking good time wise.

[FTMDave]

Have you acknowledged the claim by e-mail as dx suggested?

[brassnecked]

Email acknowlwdgement as suggested, and say you intend to defend, just hope its not gone through for default judgment already.

[Brunowales]

I have e mailed the AOS as instructed.  Hopefully will be OK fingers crossed.

[FTMDave]

OK, so if you can't get MCOL to cooperate, e-mail a defence.  It just has to be short & generic.  Post 65 here  https://www.consumeractiongroup.co.uk/topic/410445-ukcpmgladstones-windscreen-pcn-claimform-vista-centre-salisbury-rd-hounslow-tw4-6jq-claim-dismissed/page/3/#comments  is a good starting point (cut out point 1 of the defence).

[Brunowales]

Thanks FTM Dave I will get on it straight away

 

Hi All - finally managed to log in to MCOL - my AOS and Defense are showing that both have been submitted. Does this mean that BW cannot now get a judgement? Thanks for help so far donation on its way.

[FTMDave]

Yes, you've successfully defended the action, which means that Link will have to produce a Witness Statement and have the gonads to see you in court.

 

They can't just get a default judgement.