NCP / BW Legal Court Claim form

[Ryszu140458]

Hi All,
Here we are with yet another CCBC. This one is on behalf of claimant (NCP) represented by BW Legal.
They are demanding 242.32 for allegedly overstaying the allotted time. (I've no idea if this is correct as I wasn't driving) I've also not made any contact with them whatsoever.
I've yet to receive a Particulars of Claim. I feel that I should acknowledge the CCBC to the court and notify I am lodging a defence ASAP.
Is this correct at this point? Can I request a "Particulars of Claim from the court so I can prepare a defence (hopefully with your assistances)
Many thanks

[ostell]

Yes you must acknowledge the claim using the details and password on the form. Nothing at all in the defence.

The Particulars of Claim are what you see on the form, do not expect anything else.

post up the PCN you received at the time.

[Ryszu140458]

Hi Ostell,
Please find attached the PCN letter. I've acknowledged the claim online through the moneyclaim.gov website as per the instructions on your LB site and received a reply with "status summary"
Next move please?
Thanks

[charitynjw]

9(4)The notice must be given by—

(a)handing it to the keeper, or leaving it at a current address for service for the keeper, within the relevant period; or

(b)sending it by post to a current address for service for the keeper so that it is delivered to that address within the relevant period.

(5)The relevant period for the purposes of sub-paragraph (4) is the period of 14 days beginning with the day after that on which the specified period of parking ended.

https://www.legislation.gov.uk/ukpga...dule/4/enacted

No cigar!

[ostell]

What exactly were the Particulars of Claim on the form?

As stated above the major point of your defence is that you can have no liability as the keeper as they failed to deliver in time. If you can produce a confirmation that you were elsewhere at the time and couldn't be driving then that would help a lot.

As you now know ignoring these PCNs is not a good idea.

You will be querying the amount because as the keeper you can only be liable for the amount of the original PCN + the fixed allowable court costs so with the usualk £100 charge then that would be £175.

[Ryszu140458]

Morning people,
Please find attached a copy of "Particulars of Claim" on the CCBC paperwork.
Yes, I agree, not a good idea to ignore
Thank you again for your time and responses

[ostell]

Take that down and redact the identifying information and the password.

That's the Particulars of Claim on there. Embarassing enough to make creating a defence awkward. And you tell the court that in your defence.

You do not infer who was driving, the PPCs are known to scan these forums. Edit your response.

Have a look at POFA, especially paragraph 9

They have failed to comply with POFA by delivering the notice past the relevant time of 14 days.
They have not included period of parking. Moving in front of a camera is not, by definition, parking.

Get some photos of the signs.

Can you show that you were elsewhere at the relevant time? A signed statement by a third party, a receipt with a credit card etc?

[charitynjw]

Yep, I agree with ostell
It's a typical BWL robo-claim.......generic & too generalised, making a defense reply very difficult.

[Ryszu140458]

Hi again,
I've attached 4 pictures of signage. Hope this helps
Cheers

[charitynjw]

Thanks for that, but it's rather moot as their NtK was served out of time & so is void for the purposes of PoFA 2012..
Just do not ID who was driving

[Ryszu140458]

Good evening,
So what do I do now, Shall I write a defence to the court? If so, what do I write, please be gentle as I'm still very inexperienced in "legal speak"
Many thanks

[charitynjw]

What is the issue date on the court claim?

Imho any defence should be delayed until close to the permitted deadline (*33 days from the date of issue) so that any new facts or evidence can be addressed accordingly.

*28 days + 5 allowed by Civil Procedure Rules for service of the claim form if via MCOL.

[Ryszu140458]

Morning Charity
The Claim form from the court is dated 5 June.so in theory, I should be entering my defence on the 2nd July?
Thanks

[charitynjw]

Morning Charity
The Claim form from the court is dated 5 June.so in theory, I should be entering my defence on the 2nd July?
Thanks

I make it Mon 8th July as the last day for the defence deadline.
28 days + 5 for deemed service of claim form if via MCOL.

[Ryszu140458]

Ok, so should I prepare my defence now and hold it or just wait to see if any other paperwork materialises?
Thanks again