NCP / BW Legal Court Claim form

[charitynjw]

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

Probably best to wait until closer to the defence deadline.

[ostell]

Or prepare it and put on here for critique before you send

[Ryszu140458]

Hi All,
Is this accurate, feel, look and appear concise?
Please critique so i can adapt
Many Thanks

IN THE NORTHAMPTON COUNTY COURT CASE (__)
BETWEEN
B W LEGAL CLAIMANT
AND
(__) DEFENDANT
DEFENCE

1) I am the defendant, (__), DoB (__) and reside at (__)

2) Save as specifically admitted in this defence, the defendant denies each and every allegation set out in the Particulars of Claim, or implied in Pre-action correspondence

3) The Particulars of claim do not meet the requirements of CPR 16, the Particulars of claim are not clear and concise as is required by CPR 16.4.1(a) Neither are they compliant with practice direction 16 7.5.

4) The claimant is to put strict proof that they, in fact, have a valid interest in the land and are allowed to operate upon it.

5) I admit to being the registered keeper since (__). I deny being the driver. The claimant having failed to adhere to the strict conditions of the Protection of Freedoms Act 2012, schedule 4, paragraph 9 has no claim against the registered keeper.

6) The claim is neither admitted nor denied as it is outside the defendant’s knowledge.

7) The signage used by NCP Limited was not “large, prominent and legible” as the Supreme Court found in Parking Eye v Beavis. Excel Parking Services v Cutts also shows that in order to create a contract between driver and B W Legal there must be clear and legible signs. There can be no contract between the driver and B W Legal without a clear offer, consideration and acceptance. The 100 pounds charge was buried in the small print.

8) The claimant is to put strict proof that these were the terms

9) The claimant failed to adhere to the Protection of Freedoms Act 2012, Paragraph 9, sub paragraph 4 which clearly states
(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.
Whereas on Parking Charge Notice to keeper, Number (__) It clearly states
Date of Incident (__)
Date of sending this notice (__)
Which is a period of 17 days, therefore, is outside the PoFA rules and the claimant did not need to issue a court case

10) The claimant is claiming interest at 8%, should the court find for the claimant, I respectfully ask that the interest claim is reduced. Firstly, the claimant has waited a significant amount of time to lodge a claim which has the effect of vastly inflating the cost and secondly, this period has seen historically low interest rates and 85 would appear to reward the claimant rather than compensate. The claimant is to put proof thereof.

11) The claimants claim for contractual costs is a underhand attempt to usurp the small claims track cost restraints and should be rejected. The claimant is to put strict proof

The claimants claim should be dismissed in full

Statement of truth

I believe the facts in this defence are true

Signed

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

Dated this day (__)

[charitynjw]

BWL will not be the Claimant.....they are the legal rep instructed by the Claimant parking co.
Check the court claim for the correct full name.

[charitynjw]

Protection of Freedoms Act 2012, Schedule 4, Paragraph 9

Your para #5

[charitynjw]

9) The claimant failed to adhere to the Protection of Freedoms Act 2012, Schedule 4, Paragraph 9, sub paragraph 4(b) & 5, which clearly state

####

[charitynjw]

10) The claimant is claiming interest at 8%, should the court find for the claimant, I respectfully ask that the interest claim is reduced. Firstly, *the claimant has waited a significant amount of time to lodge a claim which has the effect of vastly inflating the cost and secondly, this period has seen historically low interest rates and 8% would appear to reward the claimant rather than compensate. The claimant is to put proof thereof.

11) The claimants claim for contractual costs is a underhand attempt to usurp the small claims track cost restraints and should be rejected. The claimant is to put strict proof to justify same.

*Imho, as the alleged contravention took place in December 2018, 6 months or so is not a particularly long time between then & the claim issue date

[Ryszu140458]

Morning all,
Advice's noted and amendments made,
I shall submit the defence at the begining of the week (2nd or 3rd July) and I'll keep you posted
Many thanks to you all
Kind Regards

PS If you think of anything else. Let me know

[charitynjw]

Morning all,
Advice's noted and amendments made,
I shall submit the defence at the begining of the week (2nd or 3rd July) and I'll keep you posted
Many thanks to you all
Kind Regards

PS If you think of anything else. Let me know

For now, treat your draft Defence as a work in progress, to be updated & amended if/when anything new should occur in the meantime.

Re your para #7, Lord Denning's 'Red Hand Rule' is worth getting to know.
This can be used later if necessary.
https://en.wikipedia.org/wiki/J_Spurling_Ltd_v_Bradshaw
It is also enshrined in various legislation (ie Consumer Rights Act 2015)

[Ryszu140458]

Morning all,

I've just recieved a letter from B W Legal informing me that they intend to continue with the Claim in court and have notified the court as such.

What is my next move?

Regards

[charitynjw]

Have they sent you a copy of their Directions Questionnaire?
(No worries if not).
You should receive your own DQ from the court shortly.

At this stage of proceedings the parking co has nothing to lose by progressing with the claim.
They've already paid the issue fee, & so they can ramp up the psychological pressure, hoping, I guess, that you'll capitulate.

[Ryszu140458]

Good morning all,
I’ve received a letter from the county court “Notice of proposed allocation to small claims track “
how does one proceed?
Do I say yes to mediation or say no and go for the court hearing?
Many thanks

[Ryszu140458]

Hi All,
I recently asked for advice on what to do with the letter from CCBC, the Directions Questionaire. Should I go for mediation or say no.
Your advices greatly received

[ostell]

You can state mediation, they want what they've claimed, you want £0. Looks good for you. Are you prepared to pay £20 for it to go away?

[Ryszu140458]

Hi,
All sent on 12th and how can it go away for 20 pounds???