BW Legal Fraud - Proposed Allocation to the Small Claims Track

[dotnet]

Hello
Please pardon me for this long post.

I have only come across this link after i had already send my DEFENCE to CCBC.

I have gone through multiple threads here, which have been very helpful.

My story:
Back in 2018 i was parking in my allocated parking space, that comes with my rented flat. I was displaying a parking ticket that happened to on my wide dashboard but not on the screen as the Parking and Property management claims. And so i was issued with PCN.
I appealed through the Parking and Property Management Website but they refused to uphold my claim. They then asked me to appeal to IAS which i did within the time frame i was given.
IAS never responded to my appeal.
After about two years, in 2020 I received a letter from BW Legal claiming that i need to pay them, if not they were going to take me to the courts. I have got no plans of paying them as i believe this pure day time fraud.
BW Legals send me about 3 letter which i ignored all of them.
I received a CLAIM form from CCBC dated October 2020.
I filled in AOS and a DEFENCE on November 2020.
9,November 2020 I received an acknowledgement receipt letter of my defence.
I received a letter saying County Court Claim issued dated 27 October 2020 from BW Legal. I ignored the letter never responded.
I am now in receipt of a Notice of Proposed Allocation to the Small Claims Track from CCBC ** November,2020. It states that i need to fill in the Questionnaire (FORM 180) respond by 11 December 2020.

These are the steps taken so far:

1. I filled in AOS and a DEFENCE on 6,November 2020.
2. I filled the above on hard copy.(Paper form and posted as registered post)
3. I drafted a DEFENCE and posted as registered post on 6November 2020

Next steps is

4. Next step is request Subject Access Request 'SAR' from Parking and Property Management
SAR - I will be asking for:
- ALL photos taken
- all letters/emails sent and received, including any appeal correspondence earlier
- all data held, all evidence they will rely on, and a full copy of the PCN, NTK.

Another SAR request to BW Legal.

My email will tell the solicitor:
(a) I am seeking debt advice but I deny any debt and the case must be put 'on hold' for not less than 30 days under the PAP for debt claims 2017.
(b) I have sent your client a SAR
(c) also confirm your correct 'address for service' if you've moved and the PPC has two addresses.
5. Respond to Notice of Proposed Allocation to the small claims Track by 11 December 2020

Please, can someone please help, am I following the correct steps or if there is something more that i need to be doing?

1. Can i fill Notice of Proposed Allocation of the Small Claims Track online?

2. What is the link that i will need to register the above

3. In the defence that i drafted and posted in November 2020, I forgot to enclose a WS my friend had drafted in 2018 when i first appealed to both Property and Management and IAS.
Am I allowed to add pictures that i took of the displayed ticket on my dashboard in 2018? Also can i add my friends WS?
Please note all the above stated in point 3, both Property and Management and IAS have got a copy.

4. In the Notice of Proposed Allocation of the Small Claims questionnaire, Under about hearing, D3, Witnesses.
My friend who wrote the witness statement in 2018 will be coming to courts with me. Is he allowed to take his own statement that he wrote in 2018

5. Should I do anything else with regards informing BW legal?Or just wait for SAR from them?

6 In my next stops i.e. SAR request to BW Legal.
Now that i am in the process of filling Notice Proposed Allocation of the small claims track?
Will point (a) be applicable?
(a) I am seeking debt advice but I deny any debt and the case must be put 'on hold' for not less than 30 days under the PAP for debt claims 2017.

7 Shall I ask BW Legal a copy of the contract showing they are entitle to claim PCN Money

8 Evidence that they are entitled to receive the sum they have claimed.i.e. £249.86 (Principle debt £160,Estimated Interest £14.86,Estimated Court fees £25.00, Estimated solicitors fees £50.00)

9. Evidence that the sum claimed is a genuine pre-estimate of loss and the precise calculation they made to come to the figure claimed

[ostell]

Yes fill out the form, standard procedure. No not online. Fill out and one copy to the court and another to the solicitor

BWL are not taking you to court, it is the parking company but BWL are acting for them

SAR to BWL is pointless as they only have what PPM gave them, you could send them a cpr 31.14 request. Template in the shortcuts panel on this page. You need to do this very soon before it is not allowed You could SAR PPM.

Yes you can add your friend as a witness making 2 in all including yourself. The witness statement, and yours, will go in later, usually 4 weeks before the case hearing

Genuine preestimate of loss is no longer useful after Beavis.

Where is your lease agreement showing that you had exclusive use of a specific parking place? What does your landlords lease say about that space? Is it part of the demised property? You must find out, ie is it his space to give.


What do the signs say?

You should gave queries PPM's contract in your defence. May be possible to slide into the witness statement.

Do any of the BWL letters ( I hope you kept them) say anything about £60 initial lega costs?

[dotnet]

Yes fill out the form, standard procedure. No not online. Fill out and one copy to the court and another to the solicitor

BWL are not taking you to court, it is the parking company but BWL are acting for them

SAR to BWL is pointless as they only have what PPM gave them, you could send them a cpr 31.14 request. Template in the shortcuts panel on this page. You need to do this very soon before it is not allowed You could SAR PPM.

Yes you can add your friend as a witness making 2 in all including yourself. The witness statement, and yours, will go in later, usually 4 weeks before the case hearing

Genuine preestimate of loss is no longer useful after Beavis.

Where is your lease agreement showing that you had exclusive use of a specific parking place? What does your landlords lease say about that space? Is it part of the demised property? You must find out, ie is it his space to give.


What do the signs say?

You should gave queries PPM's contract in your defence. May be possible to slide into the witness statement.

Do any of the BWL letters ( I hope you kept them) say anything about £60 initial lega costs?

Thank you so much Ostell for responding, i have responded to some of the the questions, or rather my next steps that i need to do.
Please see as below


1. cpr 31.14 request to BW Legal:
I am in receipt of "Notice of Proposed Allocation to the Small claims Track"
from CCBC dated 24th Nov.
I have had a look on the template the template https://legalbeagles.info/cpr-31- 14-request-for-disclosure-of-specific-information/
Will this still be applicable to me? Just reading it and it says and i quote;
It is not applicable after the case has been allocated to a track (small claims/fast/multi track).
2. If the answer to the above is yes, i should go ahead and apply to for
cpr 31.14 request from BW Legal:
2.(a) Please see below is particulars of claim "Claim form"
"The claim is for the sum of £114 being the contractual charge due from Defendant in respect tof a PCN for a contractual breach which occurred on Nov 2018 in the private car park/land at ******* addresss*****It goes on to say "The claims also icnculudes statuarory interst pursuant to section 69 of the county courts act 1984 at rate of 8% PA(a daily rate of £0.02 from Nov 18 to Oct 2020 being a mount of £14.42. The claimant also claims £60 recovery costs as set in the Terms and condition s and in the ATA AoS Code of Practise

2.(b) From the list below of cpr 31.14 template.

Am i correct there is only one document that i will be requesting BWL? i.e. 1. Agreement / Contract

NB: ONLY LIST HERE DOCUMENTS THAT ARE MENTIONED IN THE PARTICULARS OF CLAIM ON THE FRONT OF THE CLAIM FORM eg. IF THEY DON’T MENTION ‘ DEFAULT NOTICE’ YOU CANNOT ASK FOR IT UNDER CPR 31.14, IF THEY MENTION CONTRACT rather than AGREEMENT – ask for the CONTRACT…IF IN DOUBT TYPE OUT THE PARTICULARS OF CLAIM AND ASK ON THE FORUM for EXAMPLE
1. Agreement / Contract ! 2. Default Notice! 3. Assignment ! 4. Formal Demand

3. SAR PPM - Will i do this as a letter or is there a standard template?

4. Where is your lease agreement showing that you had exclusive use of a specific parking place? What does your landlords lease say about that space?

Is it part of the demised property? You must find out, ie is it his space to give.

I will find out this information from landlord.
Supposed its not landlord space to give who else could it be ? Will that be Property Management Company?
I can't see parking policy anywhere written in the tenancy agreement, however each apartment has got its own allocated parking space, which is numbered in line with the apartment number. eg is you leave in Apartment No1, your allocated parking space is Number 1. Which is clearly marked/numbered. See email below
I have gone through my emails and I have a few emails from the company that manages the property, ***Property Management* one of the emails says as below

Dear Leaseholder of **** Court,

This is a reminder that the car park markings at *** Court will be re-painted ********. To repaint the markings, the car park must be clean and clear of parked cars by 9 am and the car park can be used again after 6 pm on ******.

Please be aware that if the car park is not empty and your parking space is occupied by a car (whether it be your own or someone else's car), you will be held liable for a revisit charge.

If you have tenants in your property, please ensure you pass this message on.
Kind Regards,

****** Property Management

5. You should give queries PPM's contract in your defence:

Sorry i didn't quite understand what this means? What should i do?

6. Do any of the BWL say anything about £60 initial legal costs?

Yes i have kept all the BWL harassment letters, which i only started receiving this year.They are calling the £60 different names.
one of the BWL letters 'Letter of Claim' says Principal debt + initial legal cost = £160.
In CCBC Claim form , particulars of claims says and i quote
"The claim is for the sum of £114 being the contractual charge due from Defendant in respect tof a PCN for a contractual breach which occurred on Nov 2018 in the private car park/land at ******* addresss*****It goes on to say "The claims also icnculudes statuarory interst pursuant to section 69 of the county courts act 1984 at rate of 8% PA(a daily rate of £0.02 from Nov to Oct 2020 being a mount of £14.42. The claimant also claims £60 recovery costs as set in the Terms and condition s and in the ATA AoS Code of Practise

7. I will take some pictures during the day to see what the signs say.

Thank you so much for taking time to answer

[ostell]

The £60 initial legal costs is what I was looking for. As it will be small claims then they are not allowed to claim for legal costs apart from the £50 as solicitors costs. This is abuse of process and and has resulted in cases being thrown out.

5 You should have queried PPM's contract in your defence. Fat fingers response and auto correct

All the legal points should have gone onto the defence but you will be writing your witness statement later which is your story and should not contain legal arguments. But a little careful wording might allow you to get round the problem

for the cpr request put in what you think you can get away with. At the moment the claim has not been assigned to the small claims track, that is what the DQ form is for, so get it in quick as once assigned to small claims you can't ask

The email from the management company was just for what they are paid to do: manage.

If you can show that the parking space is owned by your landlord then the parking company cannot operate on that space as they do not have a contract with the land holder. Also you already have a contract to park and you have no need of the contract to park offered by the signs.

[dotnet]

Thanks Ostell for responding

I did query PPM's contract and the legal cost in my defence.

Does anyone know if there is hub for BWL where i can request for cpr 31.14? Or shall i email them, the only concern with email is if it goes to Junk.
As that will be quicker than doing a postage. All my communication so far has been via recorded post.

I will request via email SAR to Parking and Property Management

Thank you

[ostell]

Send requests via first class mail with a free certificate of posting from a post office.

Don't quite understand what you were trying to say about CPR31.14

[dotnet]

Send requests via first class mail with a free certificate of posting from a post office.

Don't quite understand what you were trying to say about CPR31.14

Thanks Ostell

I think you have answered that question about CPR31.14 - i.e. I wanted to know if i could email or send via post office.


I now am inthe process of doing CPR31.14 to BWL.

Am not sure what i should fill in below paragraphs from the CPR31.14 Template



1. To enable me to file my defence and/or counterclaim, I require inspection of documents you mention in your statement of case ahead of filing my defence on xx/xx/xxxx. (What date shall i fill here? I did fill my defence on 6, November 2020)

2. For your information and records I enclose a copy of the formal request for a copy of the credit agreement relating to this claim, pursuant to the Consumer Credit Act 1974, which has been posted to your client with the statutory fee of £1 today, xx/xx/xxxx. (What is this, what is that i need to post to the client i.e. in my case it will be Parking and Property Management Ltd?) Please can you expand abit as i am not sure what i need to do? what is this statutory fee of £1

3. ONLY LIST HERE DOCUMENTS THAT ARE MENTIONED IN THE PARTICULARS OF CLAIM ON THE FRONT OF THE CLAIM FORM – eg. IF THEY DON’T MENTION ‘ DEFAULT NOTICE’ YOU CANNOT ASK FOR IT UNDER CPR 31.14, IF THEY MENTION CONTRACT rather than AGREEMENT – ask for the CONTRACT

Please see below is particulars of claim "Claim form"

"The claim is for the sum of £114 being the contractual charge due from Defendant in respect tof a PCN for a contractual breach which occurred on Nov 2018 in the private car park/land at ******* addresss*****It goes on to say "The claims also icnculudes statuarory interst pursuant to section 69 of the county courts act 1984 at rate of 8% PA(a daily rate of £0.02 from Nov 18 to Oct 2020 being a mount of £14.42. The claimant also claims £60 recovery costs as set in the Terms and condition s and in the ATA AoS Code of Practise

Please see if in this instance i will request only Contract and Formal Demand, or if there something else that i missing?