Excel/BW legal Letter Of Claim please help

[Scombes13]

I have read through many of the threads on here but can't seem to find one with similar enough circumstances.

I have received a letter of claim for a fine which was long forgotten. The car was parked in a pay and display car park whilst visiting a friend in the flats opposite. The ticket was paid for and displayed the ticket correctly, but whilst visiting said friend I suffered a gallstone attack and had to be driven to A&E, leaving the car in the carpark overnight.

Upon collecting the car in the morning, there was a PCN so emailed Excel with an explanation of what happened, sent off evidence to show of visit to A&E and heard nothing back until this letter.

Not sure how to proceed from here, from what I have read I should not ignore tris letter.

Any help would be appreciated.

[R0b]

Re: Excel/BW legal Letter Of Claim please help

Hello, I've tagged [MENTION=5354]mystery1[/MENTION] for assistance on the parking ticket.

Your circumstances are bit unusual, do you still have the parking ticket, and how long has the delay been when you first got the ticket and the claim being issued. It sounds like they have simply ignored your evidence and it would be inherently unfair for you to receive a ticket for something which is out of your control.

When is the letter of claim dated and have you acknowledged the claim yet?

If you wished to defend it, you may have a defence of estoppel given the nature of the circumstances.

[Scombes13]

Re: Excel/BW legal Letter Of Claim please help

It was back in February 2014, PCN came through on March 23rd and after not hearing anything from them I stupidly assumed they accepted the evidence I sent and it was over and done with .They have stated the contravention was parked after he expiry of the time in a pay and display car park.

The letter of claim is dated 30th August, and have not responded to anything from BW legal at all so far as wasn't sure how to go about it.

[mystery1]

Re: Excel/BW legal Letter Of Claim please help

Edit to suit








Dear BW Legal,


I write in response to your letter before claim dated xxxx 2016, the contents of which are noted.




As the pre action protocols expect us to exchange sufficient information to understand each others position please forward to myself the original parking charge notice and a picture of the signs at the location as well as the operators contract which allows them to operate at the site (or indeed confirmation they own the land in question).




As well as the information already requested please answer the following questions :-




What type of car park is it ?




What contravention gives a cause of action ?




How is the £154 made up ?




Not only will this information help comply with the pre action protocols it will also help achieve the over riding objective.




Having done some research on your claims i request that if you ignore my requests for information that your claim complies with






CPR 16


Contents of the claim form
16.2
(1) The claim form must –
(a) contain a concise statement of the nature of the claim




Contents of the particulars of claim
16.4
(1) Particulars of claim must include –
(a) a concise statement of the facts on which the claimant relies;






Practice direction 16


Other matters to be included in particulars of claim


7.5 Where a claim is based upon an agreement by conduct, the particulars of claim must specify the conduct relied on and state by whom, when and where the acts constituting the conduct were done.




Practice direction 22




Who may sign the statement of truth
3.1 In a statement of case, a response or an application notice, the statement of truth must be signed by




(2) the legal representative of the party or litigation friend.








3.7 Where a party is legally represented, the legal representative may sign the statement of truth on his behalf. The statement signed by the legal representative will refer to the client’s belief, not his own. In signing he must state the capacity in which he signs and the name of his firm where appropriate.




3.9 The individual who signs a statement of truth must print his full name clearly beneath his signature.




3.10 A legal representative who signs a statement of truth must sign in his own name and not that of his firm or employer.






Practice direction 7E


Signature
10 Any provision of the CPR which requires a document to be signed by any person is satisfied by that person entering their name on an online form.




As your client should be aware, they did not respond to my appeal. Further any contract would be frustrated as the driver had to be rushed to hospital and was kept in overnight.




I await your response.




Yours sincerely








Send via email if possible.




M1