NCP/ BW Legal - Court Claim Form

[bakerboy26]

Hi experts,

Please can you advise me about a court claim form (attached) from BW legal acting on behalf of NCP. I have acknowledged the money claim online and have not submitted a defence yet so this is were I need your guidance please.

I dont have the PCN but will request a copy today together with the landowner contract (2 signatures) and layout drawing showing the signs marked on the drawing. What other docs do I need to request please? The car park has ANPR cameras registering the entry and exit for the car park. I have taken some photos of the signs and as you can see the T&Cs sign has particuarly small print that is very hard to read. I took a photo of other signs next to it for scale. I ignored all of the letters but missed the BW legal letter prior to court action but have since found it in a pile of papers. I am writing my defence currently sop any help is appreciated

Thanks again.https://drive.google.com/drive/folde...bu?usp=sharing

[littlebert8]

You will need to make a request to the claimant under CPR 31.14 https://www.justice.gov.uk/courts/pr...s/part31#31.14 as you may not get a SAR back in time to use in your defence. Theres no mention of the landowner contract in the particulars so you can't request that under CPR 31.14 and I think they would be highly unlikely to supply it unless specifically ordered to by the court anyway, citing commercial confidentiality etc. Im sure you could add something you your defence putting them to stick proof that they are entitled to charge for parking on the land etc. though.

Your POC is identical to the claim I've just received from BW Legal, they must have issued a batch just in time for Christmas - they probably expect that a lot of people will pay up to avoid the hassle and stress of preparing a defence at this time of year.

[ostell]

CPR request goes to the solicitor, template in the shortcuts panel. You can only ask for what is in the Particulars of Claim. Ask for the PCN and images of the signs that created the alleged contract.

Still send a SAR to the claimant

How the heck can you read those terms and conditions? Unfair contract

Have a read of Excel v Wilkinson and in life in your defence https://www.dropbox.com/s/16qovzulab...0Wilkinson.pdf