Premier/BW Claimform 3X no Permit PCNs -

[prince percy]

I received 3 tickets on in a parking space I used to use for work.

I had permits but on the days i got the tickets i was in my other car and forgotten to pick up my spare permit.

The tickets were issued in march and june 2015.

I have not appealed the tickets and have been ignoring letters.

 

Name of the Claimant: Premier Park limited

claimants Solicitors: BW LEgal

 

Date of issue – 17th July

 

POC

1.The Claimant's claim is for the sum of £300 being monies due from the defendant to the Claimant in respect of multiple Parking Charge Notices (PCN's) issued between 18/03/2015 and 09/06/2015, full details of which have been delivered to the Defendant.

 

2.The terms of the PCNs 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 statory interest pursuant to section 69 of the county courts act 1984 at a rate of 8% per annum daily rate of 0.07 from 18/03/2015 to 16/07/2019 being an amount of £108.23.

 

5.The claimant also claims £160 contractual costs pursuant of the PCN Terms and Conditions.

 

What is the value of the claim? £698

 

I have acknowledged the claim and intend to defend the claim. Am i likely to be able to defend this claim based on the POC?

 

Any advice would be much appreciated.

 

Thank you in advance.

 

 

 

[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]

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]

so work parking space ?

tell us everything about the situation,

where it is,

who owns the land,

how you get permission to be there and why,

what the signs there say,

what paperwork you have about this and

whether you have tried to sort this problem out with anyone  and so forth.

 

In the meanwhile you will have to acknowledge the claim within 12 days of receiving it so best way of doing that is to create an account at moneyclaim online and follow the simple steps.

For the moment you are just acknowledging the claim and nothing else.

 

Permit parking is normally the easiest claim to defeat because it only creates a relationship with those who have permits and eveythone else is prohibited from parking so you cnat have agreed a contract to park

[prince percy]

I worked for a housing association they owned the land and it was for residents parking but staff could park there if needed. You just needed a permit. I probably could have sorted this out with work at the time but didn't due to the culture in the organisation at the time. I have pictures of the signs and a copy of the tickets issued.

[ericsbrother]

so what dod you do in the meanwhile? dod you appeal or ignore their paperwork?

Working for the HA trumps their contract anyway as YOU are their employer.

 

Now imagine this scenario: I put my house up for sale and peopel viewing the property keep parking on my driveway so I tell the estate agents to stop them from ding so. They put up signs like the ones used in your case and then  decide to bill my dughter for parking on my  land. They cant, not because their signs dont carty any clout when used against the viewers of the property but because they cannot perform to their contarct in the circumstance outlined, they cant tell me what to do with my own land nor place restrictions on how I may use it.

 

so get us pictures of the signs there. I am certain they are specific as to who may be covered by the contract they offer and you will have supremacy of contract.

Your reticence to let your employer sort this out will of course make things awkward as all you need is a note from someone saying staff cab park there and always could and the parking co will have to withdraw their claim

the other things we need are listed on all pther posts, dates, times, exact location etc. We do need you to get busy on this

[prince percy]

Thanks for the all the help so far.

 

When I got the tickets I didn't appeal or do anything, I stupidly ignored them when I should have gone to my manager who would have been able to get them waivered, but at the time there was a strong performance based culture at the company and mistakes were jumped upon quickly. I don't work for the organisation anymore as I was made redundant on January 2016.

 

The location of the car park is Stirling Way, Keynsham, bristol

the dates are 18/3/15,   19/3/15 and  9/6/2019

 

I've attached a picture of one of the tickets and the sign. It is going to be hard for me to get anything form my former employer as I don't work there and most of the people who I used to work with have since left. I might be able to find a copy of my contract but that is probably about it.

 

 

 

[dx100uk]

please only use one multipage pdf file and redact your ticket

read upload

you left pers info showing

removed

 

dx

 

[prince percy]

i'm struggling to format the pictures to a pdf. 

 

I need to file my defence this weekend. Am I best to adapt one of the existing ones from here or go do the route of that I was working for the land owner and there fore had permission to park there? this option feels like of it goes to court a judge is not going to be sympathetic to me having not stated any of this information and trying to resolve.

 

[honeybee13]

Have you followed our upload guide, PP?

 

HB

[dx100uk]

your defence was due by 4pm today...……….

[prince percy]

I've just worked out how to do this, not had much time this week and last due to holiday and work ect

 

I thought the deadline was Monday. Ma hoping I can get it done over the weekend and upload asap?

 

parking.pdf

[dx100uk]

defence filng date explained at the bottom of post 2 

courts close on Friday's at 4pm ...

 

can read 2nd page and no T&C's below ..where says the sign?

 

you'll be ok to file by Monday am so all W/End as you are a litigant in person

and given certain leeway.

 

see if ericsbrother pops in.

 

get page 2 clear and redacted and the T&C sign up too.

 

 

 

[prince percy]

I've uploaded a clearer pic of the ticket and the T&cs

 

Thanks

 

ticket2.pdf

[prince percy]

So I filed my defence using the guide from here. 

 

I have now received a notice of proposed Allocation to the small claim Track.

 

Just wondered what the tactics of filling in the form. Do I request the mediation first? or do I stick with my defence and state that I have no reason to believe I owe them any money?

 

Thanks in advance.

[dx100uk]

If you read just about any pcn claimform thread here as you should between stages youll have seen no to mediation

[ericsbrother]

mediation pointless in cases like this

[prince percy]

Just to update on this.

 

I received a letter from the local county court last week advising me that BW legal had not submitted a proper application in line with CPR rules and they had until the 30/12 to do this or it would be struck out.

 

I don't want to get complacent but i'm starting to think they don't have enough evidence to issue the claim correctly as they have not provided me with the information I requested. They did send me a load of photos of the car and a copy of the ticket but that was about it. Just got to wait now.

 

[dx100uk]

blimey almost 2mts later you pop up.

 

what else has happened in/out since then?

 

[prince percy]

I re-sent my CPR request and got some stuff back,

i don't think they have the orginal contract between them and the landowner so may not be able to prove they had the right to issue tickets there. 

Nothing else from BW Legal in that time.

 

I got a letter from the local court saying it had been allocated to small claims track, then the letter as posted above.

i'm really hoping this gets struck out.

 

[dx100uk]

why did you re send CPR?

so you have received N157 too?

but without directions for submitting a WS?

 

dx

 

[prince percy]

I re-requested the CPr because I got paranoid they didn't get the original and was worried about going to court ect.

I received the N157 saying to had been allocated to small claims track I don't have the copy with me at the moment but it had something about the claimant not following certain CPR rules and advised they had to submit a proper application and pay the £80 fee by 30/12 or it would be struck out.

 

it has given a court date in January and listed it for an hour.

I'm guessing I don't need to do anything at this stage?

[dx100uk]

as long as there is not mention of exchange of witness statements by 14 days before hearing..no nothing you need to do by the looks of it.

 

dx

 

[prince percy]

Excellent, thank you. I will update if as things progress.

 

[ericsbrother]

so 14 days before the hearing you send the court a copy of your full WS and defence docs and the same to BWL.

 

Before that date arrives you keep an eye on the clock for the time they have to redo their paperwork and if it hasnt been submitted by 2 days after the date allowed you ask the court to stay the claim or use its powers to dismiss without a hearing.

 

Now this can be done by the court manager or a judge but dont get caught up inot filling out an N244 to request this as it will cost you. let them do their work and spend the time up to the cut-off date for preparing your stuff

[prince percy]

So today I have received an email from BW Legal with the witness statement and court bundle. 

Our Client: Premier Park Limited

Client Ref: ……..

Balance Due: £778.23

Claim Number: 

County Court: Bath

Hearing date: 24/01/2020 at 2.00PM

 

We refer to the above matter.

 

We attach  by way of service our client’s witness statement which will be relied upon at the forthcoming small claims hearing. A copy of the same has been filed at court.

 

Notice is hereby given pursuant to CPR 27.9 (a) & (b) that our client will not be in attendance at the hearing and wish for the Court to decide the claim in their absence. Please note that our client will be represented by an advocate.

 

What to do next

 

As you are aware we have now made several attempts to contact you to try and discuss an amicable way forward.

 

Unfortunately a settlement has yet to be achieved and we are therefore now preparing for the final hearing in which we shall ask the court to award our client a County Court Judgment against you for the balance outstanding.

 

Our client remains willing to resolve matters with you on an amicable basis. It is important that you telephone our office, on the above number, as a matter of urgency to discuss the options available to you.

 

If you are in any doubt about the content of this letter and/or require guidance/assistance on clearing the balance due to financial difficulties, we would advise you to seek free advice.  On the reverse of this letter is a list of some free Debt Management Companies that are available to help, alternatively you can obtain legal advice from a Solicitor.

 

Yours sincerely,

 

I will up load the pdf late as i'm just reading it and will need to redact personal information.