bw legal letter of claim

[Redchoo]

Re: bw legal letter of claim

Well we've got them running in circles and still have no claim, so we wait to see what they come up with now (or if they come up with anything).

M1

Ok i have recieved a claim form from northampton county court today, the total amount is for £246.64.

What should i do now?

Thanks.

[mystery1]

Re: bw legal letter of claim

Sanitise and post up.

Do you have the signs or PCN ? Post up too if you do.

M1

[Redchoo]

Re: bw legal letter of claim

Its the N1 claim form and comes with a response pack which includes an admission form (N9A), a defence and counterclaim form (N9B) and an acknowledgment of service.

The particulars of claim are;

The claimmant's claim is or the sum of £100.00 being monies due from the defendant to the claimant, in respect of a PCN issued on 06/06/2014 at 16.43 at the Moor Centre, Brierley Hill.
The PCN relates to Peugeot under the registration **** ***

The terms of the PCN allowed the defendant 28 days from the issue date to pay the PCN but the defendant failed to do so.
Despite demand having been made the defendant has failed to settle their outstanding liabilty.

The claim also includes statutory interest pursuant to section 69 of the county courts act 1984 at a rate of 8% per annum a daily rate of 0.02 from 06/06/2014 to 03/11/2016 being an amount of £17.64.

The claimant also claims £54.00 contractual costs pursuant to PCN terms and conditions.

So the total amount they are seeking is :

Amount claimed £171.64
Court fee £25.00
Legal representatives costs £50.00
Total amount £246.64

No sorry i dont have the signs or PCN.
Thanks

[mystery1]

Re: bw legal letter of claim

Edit to suit




Dear BW Legal,




I write in response to your claim dated xxxxx 2016, the contents of which are noted. I would remind you that during the pre action phase i pointed out to you the rules for submitting a claim, yet you have ignored this, even though it should be standard stuff as a legal practitioner. I would ask that the claim be pleaded properly and a proper statement of truth used.




I also asked as part of the pre action correspondence for an exchange of 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). " to date you have not done so. Please rectify this with immediate effect.




I further asked




What contravention gives a cause of action ?




How is the £154 made up ? (this has risen to 246.64 in the POCs)




In order to clarify matters again from my side, the driver at the time paid but the machine did not produce a ticket. All other machines were out of order.




I reiterate the rules again,


"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."






I await your response.




Yours sincerely








Send via email if possible.

File acknowledgement of service.




M1

[Redchoo]

Re: bw legal letter of claim

Ok thats great thanks, ill send that now via email.

Sorry to sound thick but what do you mean by file acknowledgement of service?

P.s i have also recieved a letter from bw legal today titled 'notice of county court claim issued' which is saying we have now issued legal proceedings in the form of a county court claim which you will shortly recieve (had that yesterday) would that change the above response in any way?

Thanks.

[mystery1]

Re: bw legal letter of claim

http://legalbeagles.info/forums/show...-a-court-claim

Start at ACKNOWLEDGING A CLAIM



No, it wouldn't change the response.

M1

[Redchoo]

Re: bw legal letter of claim

Do i just do the acknowledgement of service for now and enter the defence at a later date?
And would it be better to do it online or by sending the forms in the post?

Thanks.

[mystery1]

Re: bw legal letter of claim

Yes and online.

M1

[Redchoo]

Re: bw legal letter of claim

Ok having filed the acknowledgement of service and sent the above reply to bw legal by email, i have had no response from them and my defence is due in by friday.

A few questions as i am unsure of what to do.

Should i just enter my defence now?

What do i put? (The fact i paid my money and no ticket was issued?)

And do i do it online through the government gateway website i had to register with to file the acknowledgement of claim?

Many thanks.

[mystery1]

Re: bw legal letter of claim

I'd phone BW Legal and ask 1. if they got the email/letter you sent and 2. If they did why haven't they replied and will they reply ?

Also send an email to confirm details of the call, in case you need it for evidence further down the line.

M1

[Redchoo]

Re: bw legal letter of claim

Im presuming they recieved the email which i sent on the 11th November because i recieved an automated response from them stating they had, so would it still be worth phoning them?

Thanks.

[mystery1]

Re: bw legal letter of claim

Yes.

M1

[Redchoo]

Re: bw legal letter of claim

Ok i have just come off the phone from bw legal.

The lady i spoke to was absolutely useless, i was put on hold numerous times and in all was on the phone for 20 minutes.

They said they couldnt find the email i sent on the 11th november as it may have gone to a senior inbox whatever that is.

Anyway after being put on hold several more times they said they have found the email and are processing it today, 29th November! When i have only until friday to enter a defence.

The reason they are only processing it today was because its only just gone on the system and they are very busy!

I asked if they were going to reply and she said i am replying now over the phone, telling me basically just how the charges were made up. I asked about my 50p i put in the machine but no ticket was given and was told thats not to do with them, they just collect the money etc...

So what should my next course of action be?

Many thanks.

[mystery1]

Re: bw legal letter of claim

Did you email the contents of the call to them ?

We need to start preparing a defence. So what do you have in the way of evidence ? The PCn, signs etc ?

M1

[Redchoo]

Re: bw legal letter of claim

What would i put in the email about the contents of the call?

I have recored the telephone conversation aswell.

I havent got the original PCN and they have only sent me a copy of the signs and parking prices (which is now free for the first 2 hours).

I have been into iceland which is the store i visited and they dont operate the cctv for that car park.

There is a number for a cctv company which i have rang, but the company name is rubbed out on the sign and the number is just ringing out.


Thanks.