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Premier Park/BWLegal claimform - 2 unknown pcn's

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Hello all,
 
My mum has received a Claim Form from the County Court claiming she owes them £469.76 for parking fines issued in February 2015.
 
It is highly unlikely that she was driving at the time of the alleged incidents, as she has never parked in this car park before.
 
Please advise, thank you.

 

claimform 2 only.pdf

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doesnt say anything about FINES at all.

 

its for 2 speculative invoices which I assume shes totally ignored till now.??

unless its a cloned number plate

please complete this:

 

 

 

 

 


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you need to be careful here the PAP letter of claim is for all 4 

this claim is for only 2 [you must reply to the PAP LOC - i'll make a thread later on]

 

 


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Hi, 

 

Thanks for the quick response. The LOC and the Claim Form are referring to two different years.

 

She has received letters before but threw them out as she knew she hadn't parked in that car park. In one of the letters previously received, PPL said that they were going to assign the PCN to BWLegal. She's made no contact with anyone from Premier Park Ltd or BWLegal.

 

Do we now need to acknowledge service of the claim?

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so it does

sounds like a cloned number plate here?

is she was nowhere near the relevant car park in 2014/2015 period.??

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]

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]

 

 


..

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As she hasnt named him as the driver before court action started it is too late to do so now.

 

what we need is the EXACT address of the place the parking events took place so we can do some searching via google for sight of the signage from the highway and also to see if they had planning permission for their equipment.

 

If there are several different places we will need to know what she still has a paperwork goes so we can start to pick holes in that as well.

 

you would be surprised how many aprking co's cant be bothered to get the protocols right and still try their luck at court even whe they are in the wrongs as they rely on bluff and ignorance to win the day.

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Hello,

 

I've completed the MCOL following instruction and have also completed the CPR 31.14 ready to post first thing tomorrow. 

 

Thank you for the help thus far, please instruct me on what to do next.

 

 

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right so we now know this wasn't a cloned plate.

can you complete the link in post 2 please

 

dx

 


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can we stick to one thread and drop the other one?

 

Ok, bank statements showing she was shopping elsewhere will be enormously helpful as these bandits havent followed procedure to create a keeper liability so just proving it wasnt her is enough ( along with a forceful argument about POFA being absolute in its application as some judges still havent got ther hang of it yet.

 

Has she set up a moneyclaim online account yet?

 

get that done and acknowledge the claim and then she has another fortnight to submit an outline defence.

If she doesnt acknowledge the claim she will lose regardless of how garbage their claim is and how good her defence

 

can we stick to one thread and drop the other one?

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better to just conclude the other one with a snotty reply to BW as usual

then it can be for now left alone until they reply.

 

 


..

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Hi,

 

She has set up the money claim account and acknowledged the claim. 

 

Unfortunately, she can't find any bank records or receipts that prove she wasn't at the scene of the incident as she uses cash a majority of the time.

 

 

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Name of the Claimant: Premier Park Limited

Claimants Solicitors: BWLegal

 

Date of issue: 26th July 2019

 

Date to acknowledge - 13.08.2019 

 

date to submit defence -  27.08.2019 

 

What is the claim for – 

 

1.The Claimant's Claim is for the sum of £200.00 being monies due from the Defendant to the Claimant in respect of multiple Parking Charge Notices (PCN's) issued between 12/02/2015 and 24/02/2015, full details of which have been delivered to the Defendant.

 

2.The terms of the PCN's allowed the Defendant 28 days from the issue date of the PCN to pay the PCN sum, which the Defendant failed to do.

 

3.Despite demand having been made, the Defendant has failed to settle their outstanding liability.

 

4.The Claim also includes Statutory Interest pursuant to section 69 of the County Courts Act 1984 at the rate of 8% per annum a daily rate of 0.04 from 12/02/2015 to 25/07/2019 being an amount of £65.

 

5. The Claimant also claims £120.00 contractual costs pursuant to the PCN Terms and Conditions.

 

Location (We assume this is the location of the incident, but it was not detailed in the claim form)

Carpark opposite 3bdArchitects

13 Backfields Lane

Bristol

BS2 8QW

England

 

What is the value of the claim?: Total Amount £470

 

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 ? We believe the claim has been issued by Premier Park Limited

 

Were you aware the account had been assigned – did you receive a Notice of Assignment? We don't recall a Letter of Assignment (all previous letters from them have been thrown away)

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HAHA you mean they've not stated in the POC where this happened...oh dear

 

you've completed post 5

AOS and CPR done.

 

note the corrected dates in post 12 please too...claimform date is ONE in the 33 day count as advised in instructions

 


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12 hours ago, chedit said:

Hi,

 

She has set up the money claim account and acknowledged the claim. 

 

Unfortunately, she can't find any bank records or receipts that prove she wasn't at the scene of the incident as she uses cash a majority of the time.

 

 

 

If further proof turns out to be needed, did she use a loyalty card in any of the shops she went to? They might be able to find the transaction and time from that.

 

HB


Illegitimi non carborundum

 

 

 

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Thanks for correcting the dates in post 12, much appreciated.

 

I will see if she can find any records of loyalty use as well. 

 

My mum has received another letter from BWLegal dated 26th July 2019 it is titled 'Notice of County Court Claim Issued'. 

 

Client: Premier Park Limited

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oh well

always like BW to state the obvious...:lol:


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Hi Guys

 

Sorry for the late response.

 

My mum has received another letter from BWLegal dated 6th August in response to the letter that we had sent. Using the template for CPR 31.14.

 

Please see below for attachment.

 

Thanks in advance.

 

CPR response.pdf

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usual rubbish

they must disclose it 

so witness statement being their last chance to do so

 

 


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Do we not need to respond to this?

Whats the next step?

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Hi, 

 

I've looked at the template for the Defence filing and when asked to complete the [motor vehicle], we don't know what car they are referring to as we've had a few during the year of the fines. Also, we have no recollection as to whether they've mentioned any specific vehicle in any previous letters they've sent. 

 

We also have no recollection of them specifying which location the penalties were committed in. 

Edited by chedit

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can you detail where this claimform is for a fine please?


..

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I meant PCN's between 12/02/2015 and 24/02/2015

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Hi,

 

Could I get some advice on the defence I will be filing through MCOL?

 

I cant use this template I found in another thread as there were no details provided in the Particular of Claim in regards to the make/model of the car in question nor the location that the PCNs were issued.

 

" 1. It is admitted that Defendant is the recorded keeper of [motor vehicle].

 

2. It is denied that the Defendant parked in [carpark] at the times mentioned in the Particulars OR the Defendant is unable to admit or deny the precise times he was parked in [carpark] as he has no recollection of this. The Claimant is put to strict proof of the same.

 

3. It is denied that the Claimant has complied with Schedule 4, Protection of Freedoms Act 2012 [set out the specific ways in which the requirements of the paragraphs mentioned above have not been met].

 

Only include the above paragraph if you have checked the POFA and can refer to the specific paragraphs which have not been complied with. Otherwise delete it. Do not forget to renumber the remaining paragraphs.

 

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. If there was a contract, it is denied that the parking charge is incorporated into the contract. As per Thornton v Shoe Lane Parking [1971] 2 QB 163, the relevant term must be made known before a contract was formed. Here, the charge was not incorporated into the contract because [explain].

 

Only include the above paragraph if you have a good reason for saying that the signage was unclear, or that the signage could only be viewed after parking your car. If the signage was clear then delete it. Do not forget to renumber the remaining paragraphs.

 

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."

 

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I planned to file my defence by addressing the points made in their Particulars of Claims.

 

1.The Claimant's Claim is for the sum of £200.00 being monies due from the Defendant to the Claimant in respect of multiple Parking Charge Notices (PCN's) issued between 12/02/2015 and 24/02/2015, full details of which have been delivered to the Defendant.

 

2.The terms of the PCN's allowed the Defendant 28 days from the issue date of the PCN to pay the PCN sum, which the Defendant failed to do.

 

3.Despite demand having been made, the Defendant has failed to settle their outstanding liability.

 

4.The Claim also includes Statutory Interest pursuant to section 69 of the County Courts Act 1984 at the rate of 8% per annum a daily rate of 0.04 from 12/02/2015 to 25/07/2019 being an amount of £65.

 

5. The Claimant also claims £120.00 contractual costs pursuant to the PCN Terms and Conditions.

 

As far as I'm concerned, they're randomly accusing me of this "offence" without providing any proof. 

 

Edited by chedit

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