Almost a Backdoor CCJ Britannia/BW PCN - managed to file defence late

[Restart]

Hi all

 I have made the first boo boo here as when I received the initial PCN and image of my vehicle in a shopping centre car park I just ignored it.

 

I have read through threads. Maybe this wasn't the best idea.

 

looking for some help please.

 

I have answered BW Legal online in their 'You have made a mistake' section. Nothing back on this other than to repeat the threats of action.

 

The copy email below states a county court claim and claim number.

 

I have had nothing sent to me from ny courts. I asked them to confirm details but they have not. Im not 100% sure there is even a court action or if they are just bluffing.

 

In the online form I have not admitted fault, I have not made any offers.

 

Any help would be good please?

 

Thanks

 

The email from BW Legal is below.

-----------------------------------------------------------------------------------

Our Client: Britannia Parking Group Limited t/a Britannia Parking
Balance Due: £259.04
Claim Number: XXXXX
Our Reference: XXXXX

As you are aware, we represent Britannia Parking Group Limited t/a Britannia Parking. We have recently written to inform you that our client has issued a County Court claim against you on 15 December 2022 under claim number XXXXX.

 

Our letter also advised you to get in touch with us so that we may assist you in arranging a suitable repayment plan with you to avoid a County Court Judgment (“CCJ”) being entered against you.

It’s still not too late
Whilst our client is now able to request the court to enter a CCJ against you, it is still not too late to get in touch with us to discuss the options available to you to prevent a CCJ and avoid additional legal costs being added to your balance.

The offer – without prejudice save as to costs

Our client has authorised us to offer a pre-approved repayment plan which will assist you in clearing the balance and avoiding a CCJ being entered against you.

The monthly pre-approved instalment is £40.00.

----------------------------------------------------------------------------------------

[honeybee13]

Hi.

 

This is an unusual one but I'm sure the guys will know what to do. Please bear with us until they're able to get here, should be later this morning.

 

HB

[Restart]

Thans for the quick reply. In no rush and happy for the help.

[FTMDave]

You should be in a rush as it seems you haven't defended a court claim and the fleecers have won the case against you by default.

 

Have you moved recently without updating the vehicle's log book?  Is it possible the correspondence and court papers went to a previous address?

 

You might be able to see if the claim is genuine through the MCOL site, I'm not sure.  Otherwise you will have to phone the court.  Go to  https://www.consumeractiongroup.co.uk/topic/420253-vcs-pcn-claimform-jla-liverpool-airport-no-stopping-claim-dismissed-with-costs-judge-said-vcs-cant-enforce-no-stopping/  Follow the instructions in dx100uk's post 13.  See if you can see the status of the claim.  Then come back to us.

 

I've edited your post where you left the claim number and the fleecers' reference number.  We are anon here.

 

[Ethel Street]

17 minutes ago, FTMDave said:

You should be in a rush as it seems you haven't defended a court claim and the fleecers have won the case against you by default.

 

I read it slightly differently, that a court claim has been issued but the case has not been heard so no judgement yet. Either way @Restartneeds to move quickly or the fleecers will get a default judgement.

[FTMDave]

You're right, that's how it reads.

 

But doing the maths.

 

Claim issued - 15 December.

 

Deadline for action by Restart - 2 January.

 

Any time after that Britannia could enter judgement.  Say they did it on 5 January.  Deadline for paying and avoiding a CCJ = 5 February.

 

Anyway, let's see what Restart can find out.

 

 

[brassnecked]

Quick action needed for sure its entirely possible Judgment in Default already entered.

[Restart]

Hi again

 

Thanks for the help so far. This ticket is actually another one I had from same solicitors. The first one must have gone away as I have heard nothing about it for a long long while.

 

I have had responce to my online form to them the You have made a mistake' section I menbtioned in my original post. I have attached these for you to see.

 

I have been onto MCOL and registered. In serching for the claim number BW legal gave me I am asked for a defence pack password which I have never had (Had nothing in writing at all and been at same address for almost 6 years).

 

Not sure what the next steps will be.

 

Thanks again.

 

Thanks @dx100uk

 

Merged PDF attached. I can see how to, or if I can, edit my post above. Maybe admin can help to add merged pdf to above.

Payment Request and Summary of Claim 2 Feb 23.pdf

[dx100uk]

what address is on the car's v5c please? your current one?

have you got a copy of the court claimform? or the judgement ccj?

 

dx

 

[Restart]

Thanks @dx100uk

 

Yes the van is registered at my current address.  Had nothing at all from courts. had no copies of claim forms or  CCJ

[Ethel Street]

You may have already answered this, but are the letters from BW Legal in the documents attached to Post #8 addressed to you by name at the address you are currently living at? Correctly addressed?

 

And that is the same addrees you have lived at for the last 6 years and the same address that's shown on the V5C registration document for your van?

 

If that is the case then it appears that post that is correctly addressed to you is not being delivered for some reason. Have other things gone missing?

 

Is there any possibility that someone else who lives in or has access to your house could have removed the post after it had been delivered through your door? (Sorry, I have to ask, it's happened to other posters in the past)

[Restart]

Hi @Ethel Street

 

No had not mentioned but to confirm.

 

All the BW Legal stuff is coming to me at the right address. Its the same address that the vehicle is registered at for the 6 years.

 

Only myself and wife live there and nothing would go missing.

 

Never had issues with lost mail.

 

[Nicky Boy]

Looks to me like BWL have come up with another tactic.

They have a claim which is time expired for a response, and knowing that if they apply for judgment, they may not get paid by the defendant.

 

So, they leave it sitting there and offer the defendant the opportunity to pay "in instalments" in exchange for discontinuing the claim.

 

Sneaky!

Edited February 2, 2023 by Nicky Boy
Spelling... duh!

[FTMDave]

If you can, phone the court that issued the claim - Northamptonshire bulk - and quote the claim number and (a) find out if it's genuine and (b) what stage the claim is at.  IIRC it closes at 4pm.

[dx100uk]

Ring northants bulk ..you will need the ccj/claim number from bw paperwork or p'haps it's already listed on your credit file under public/judgements section 

 

Ask for a copy of the claimform and the judgement ccj by email pdf 

 

If they say they don't have a copy of the claimform ask them to readout the address the claim was sent too AND the full particulars of claim (very important!!!)... Record your call 

 

When you have these post them up as a pdf here please.

 

Dx

[Restart]

I am just getting to this now. But will call the courts later today.

 

Thanks again.

[honeybee13]

Please find time today. The longer you leave stuff like this, the harder it becomes to sort it.

 

HB

[brassnecked]

Call the court as early as you can its Friday morningnow,  afternoon might be too late then its the weekend and they are closed until Monday and more time lost tick tock..

 

[dx100uk]

closes 4pm and you'll find monday is always busy with those that found CCJ's over the w/end.

there are +750'000 claims a year.

[Restart]

Hi again

 

Just spoken to the courts and they confirmed there is a case against me but no judgement has been set yet. Particulrs of case as follows. They have also emailed me the response forms to defend.

 

Not sure of next steps.

 

-------------------------------

 

Claim No:

Claimant: BRITANNIA PARKING

Claimant solicitor: BW LEGAL (1953)

Telephone: 0113 323 1784

Reference:

Total Claimed amount: £ 259.04

 

 

Particulars of claim:

1. the claim is for the sum of £104.04 being due from the defendant in respect of a parking charge notice (pcn) for a contractual breach which occurred on  27/05/2022 in the private car park/land at wallasey - the lighthouse ch45 3lp in relation to a ford  transit custom 300  registration mark ???????  

 

2. the pcn was issued as the driver  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 27/05/2022 to 14/12/2022 being an amount of £4.04.  

the claimant also claims £70.00 recovery costs as set out in the terms and conditions and in the ata aos code of practice.

 

[FTMDave]

2 minutes ago, Restart said:

but no judgement has been set yet.                                                                               

That's great news.

 

It seems that Nicky Boy was spot on.

 

Does anyone know why Restart isn't able to simply acknowledge service on MCOL?

 

Failing that an e-mail to the court today could do the trick.

[honeybee13]

Do you have the date on the claim form?

HB

[dx100uk]

what address was the claimform set too. your present one?

 

 

 

dx

 

[AndyOrch]

3 hours ago, FTMDave said:

That's great news.

 

It seems that Nicky Boy was spot on.

 

Does anyone know why Restart isn't able to simply acknowledge service on MCOL?

 

Failing that an e-mail to the court today could do the trick.

 

Never received the original claim pack and therefore no password ?

 

 

 

 

.

[Restart]

Ive not had sigh of original claimform.

The courts sent the particulars by email in text.

 

I assume correct address.

 

I had to give my address as part of security to get courts to talk about the matter.

They confirmed they sent claim to me 15 Dec 22.

I didn't get it. But with Royal Mail strikes !