BW Legal Claim Form after PCN issued in 2012

[missg01]

Received a claim? Yes
Issue Date: 7-Dec-2016
Amount approx: £250.06
Claimant: BW Legal Services Limited
Solicitor: BW Legal Services Limited
Original Credit:

Particulars of Claim:
The claimant claim is for the sum of £90.00 being monies due from the Defendant to the Claimant in respect of a PCN issued on 06/09/2012 at 17:02:35 at Albert Street Birmingham Anpr Vcs Differenti al Charge Scheme.
The PCN relates to....
under reg... **** ***
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 liability.
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 06/09/2012 to 06/12/2016 being an amount of £31.06.
The claimant also claims £54.00 contractual costs pursuant to PCN terms and conditions.

Stat Barred? No

Have sent: Nothing yet by when do they need to receive Acknowledgment of Service? Please advise soonest and I will send recorded next day as this claim form was dated 07/Dec/2016 (last week)

I no longer have this vehicle (my vehicles are lease and change every few years)

I vaguely remember this incident and barely remember but there was a reason this happened? Either no working paystations (which i cannot get evidence of as it was over 4 years ago) or I am certain I would have paid in this car park. There is no way to be sure but im positive it wasn't deliberately.

Has anyone else had a ticket here around those dates perhaps? (needle in a haystack but worth the ask i suppose &#128577

Can someone please advise my next steps. ie) when my acknowledgment of service must reach them by.

Also which boxes should i tick on acknowledgement 1. I intend to defend all claim 2. i intend to defend part 3. i intend to contest jurisdiction or possible all 3? sorry for the silly question!!

I will sanitise and add claim form shortly.

kind regards,

Missg01

[ostell]

Re: BW Legal Claim Form after PCN issued in 2012

How do they know your name? Did the lease company name you as the keeper? The event is before (just) the introduction of POFA on 1st October 2012 therefore the keeper of the car, you, has no liability. The claim should be against the driver, who they don't know and you will not be telling them.

[missg01]

Re: BW Legal Claim Form after PCN issued in 2012

ah ok well thats good news! I have no idea how they got my name and will bear the rest in mind. Could you re read my edit above and advise what i should tick on acknowledgement please. Also if this is the case what should I aim to do next...other than acknowledgement. TY!!

[missg01]

Re: BW Legal Claim Form after PCN issued in 2012

Ah ok theres something i forgot to mention i have in fact already emailed them and they wrote back. I think it must have been off the basis of something someone else told me to reply to them. Please wait and i will add shortly!

[missg01]

Re: BW Legal Claim Form after PCN issued in 2012

Please find attached my initial email sent on 15th November 2016 and their written reply sent on 9th December which is rather strange as I received the claim form from the courts issued 7th Dec 2016, even though in their letter they state they have requested evidence of the contravention and have placed my account on "Hold" whilst the query is ongoing? So why have I then received court letters?

Will also be adding page 2 and 3 that they sent with initial letter of the carpark signs and maps.

[mystery1]

Re: BW Legal Claim Form after PCN issued in 2012

Am i reading this correctly ? On 7th Dec a claim was filed against you and they wrote to you on the 9th Dec saying this was on hold ?

The CPR 16 comment is horrific and the fact they put it in print shows how little they care about reputation.

Any idea what type of car park this is ? Pay and display or free or permit etc ?

M1

[missg01]

Re: BW Legal Claim Form after PCN issued in 2012

Am i reading this correctly ? On 7th Dec a claim was filed against you and they wrote to you on the 9th Dec saying this was on hold ?

The CPR 16 comment is horrific and the fact they put it in print shows how little they care about reputation.

Any idea what type of car park this is ? Pay and display or free or permit etc ?

M1

Hi Mystery1,

Many thanks for your response, yes that is correct. Rather odd isn't it? I did my AoS online today could you workout when my defence needs to be in by and what action to take next ie. email to VCS/BW Legal.

I didnt understand what they meant in their CPR 16 comeback statement could you explain how they were trying to get around my email?

This is a pay and display (see photos attached which were sent with their letter)

It was so long ago I vaguely remember the machine being out of service or I did pay for a ticket but it had come off my dash. It was just so long ago I cannot remember what happened but I know I usually do pay in this carpark! Also could you read my email to them and see if I accidentally implicated myself as the driver which is what another forum member stated I must not do as there was a law passed after the ticket was issued which could save the day?

[mystery1]

Re: BW Legal Claim Form after PCN issued in 2012

I did my AoS online today could you workout when my defence needs to be in

9th Jan.

what action to take next ie. email to VCS/BW Legal.

Did they also send the PCN ? If not email them and ask for it.

I didnt understand what they meant in their CPR 16 comeback statement could you explain how they were trying to get around my email?

It's a blatant attempt by them to find out if you know what cpr 16 is and in all honesty deserves a report to their regulator the SRA. Part 16 applies to all claims except part 8 which this is not. (see below)

Further the claim is not on hold as they claim. They'd need to apply to the court to put the claim on hold and they won't spend the money.

Very dishonest.

M1







https://www.justice.gov.uk/courts/pr...l/rules/part16

PART 16 - STATEMENTS OF CASE




Part not to apply where claimant uses Part 8 procedure
16.1 This Part does not apply where the claimant uses the procedure set out in Part 8 (alternative procedure for claims).


Contents of the claim form
16.2
(1) The claim form must –
(a) contain a concise statement of the nature of the claim;
(b) specify the remedy which the claimant seeks;
(c) where the claimant is making a claim for money, contain a statement of value in accordance with rule 16.3;
(cc) where the claimant’s only claim is for a specified sum, contain a statement of the interest accrued on that sum; and
(d) contain such other matters as may be set out in a practice direction.
(1A) In civil proceedings against the Crown, as defined in rule 66.1(2), the claim form must also contain –
(a) the names of the government departments and officers of the Crown concerned; and
(b) brief details of the circumstances in which it is alleged that the liability of the Crown arose.
(2) If the particulars of claim specified in rule 16.4 are not contained in, or are not served with the claim form, the claimant must state on the claim form that the particulars of claim will follow.
(3) If the claimant is claiming in a representative capacity, the claim form must state what that capacity is.
(4) If the defendant is sued in a representative capacity, the claim form must state what that capacity is.
(5) The court may grant any remedy to which the claimant is entitled even if that remedy is not specified in the claim form.
(Part 22 requires a claim form to be verified by a statement of truth)


Statement of value to be included in the claim form
16.3
(1) This rule applies where the claimant is making a claim for money.
(2) The claimant must, in the claim form, state –
(a) the amount of money claimed;
(b) that the claimant expects to recover –
(i) not more than £10,000;
(ii) more than £10,000 but not more than £25,000; or
(iii) more than £25,000; or
(c) that the claimant cannot say how much is likely to be recovered.
(3) In a claim for personal injuries, the claimant must also state in the claim form whether the amount which the claimant expects to recover as general damages for pain, suffering and loss of amenity is –
(a) not more than £1,000; or
(b) more than £1,000.
(4) In a claim which includes a claim by a tenant of residential premises against a landlord where the tenant is seeking an order requiring the landlord to carry out repairs or other work to the premises, the claimant must also state in the claim form –
(a) whether the estimated costs of those repairs or other work is –
(i) not more than £1,000; or
(ii) more than £1,000; and
(b) whether the value of any other claim for damages is –
(i) not more than £1,000; or
(ii) more than £1,000.
(5) If the claim form is to be issued in the High Court it must, where this rule applies –
(a) state that the claimant expects to recover more than £100,000;
(b) state that some other enactment provides that the claim may be commenced only in the High Court and specify that enactment;
(c) if the claim is a claim for personal injuries state that the claimant expects to recover £50,000 or more; or
(d) state that the claim is to be in one of the specialist High Court lists and state which list.
(6) When calculating how much the claimant expects to recover, the claimant must disregard any possibility –
(a) that the court may make an award of –
(i) interest;
(ii) costs;
(b) that the court may make a finding of contributory negligence;
(c) that the defendant may make a counterclaim or that the defence may include a set-off; or
(d) that the defendant may be liable to pay an amount of money which the court awards to the claimant to the Secretary of State for Social Security under section 6 of the Social Security (Recovery of Benefits) Act 1997 1.
(7) The statement of value in the claim form does not limit the power of the court to give judgment for the amount which it finds the claimant is entitled to.


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;
(b) if the claimant is seeking interest, a statement to that effect and the details set out in paragraph (2);
(c) if the claimant is seeking aggravated damages(GL) or exemplary damages(GL), a statement to that effect and his grounds for claiming them;
(d) if the claimant is seeking provisional damages, a statement to that effect and his grounds for claiming them; and
(e) such other matters as may be set out in a practice direction.
(2) If the claimant is seeking interest he must –
(a) state whether he is doing so –
(i) under the terms of a contract;
(ii) under an enactment and if so which; or
(iii) on some other basis and if so what that basis is; and
(b) if the claim is for a specified amount of money, state –
(i) the percentage rate at which interest is claimed;
(ii) the date from which it is claimed;
(iii) the date to which it is calculated, which must not be later than the date on which the claim form is issued;
(iv) the total amount of interest claimed to the date of calculation; and
(v) the daily rate at which interest accrues after that date.
(Part 22 requires particulars of claim to be verified by a statement of truth)


Content of defence
16.5
(1) In his defence, the defendant must state –
(a) which of the allegations in the particulars of claim he denies;
(b) which allegations he is unable to admit or deny, but which he requires the claimant to prove; and
(c) which allegations he admits.
(2) Where the defendant denies an allegation –
(a) he must state his reasons for doing so; and
(b) if he intends to put forward a different version of events from that given by the claimant, he must state his own version.
(3) A defendant who –
(a) fails to deal with an allegation; but
(b) has set out in his defence the nature of his case in relation to the issue to which that allegation is relevant,
shall be taken to require that allegation to be proved.
(4) Where the claim includes a money claim, a defendant shall be taken to require that any allegation relating to the amount of money claimed be proved unless he expressly admits the allegation.
(5) Subject to paragraphs (3) and (4), a defendant who fails to deal with an allegation shall be taken to admit that allegation.
(6) If the defendant disputes the claimant’s statement of value under rule 16.3 he must –
(a) state why he disputes it; and
(b) if he is able, give his own statement of the value of the claim.
(7) If the defendant is defending in a representative capacity, he must state what that capacity is.
(8) If the defendant has not filed an acknowledgment of service under Part 10, the defendant must give an address for service.
(Part 22 requires a defence to be verified by a statement of truth)
(Rule 6.23 makes provision in relation to addresses for service.)


Defence of set-off
16.6 Where a defendant –
(a) contends he is entitled to money from the claimant; and
(b) relies on this as a defence to the whole or part of the claim,
the contention may be included in the defence and set off against the claim, whether or not it is also a Part 20 claim.
Back to top
Reply to defence
16.7
(1) A claimant who does not file a reply to the defence shall not be taken to admit the matters raised in the defence.
(2) A claimant who –
(a) files a reply to a defence; but
(b) fails to deal with a matter raised in the defence, shall be taken to require that matter to be proved.
(Part 22 requires a reply to be verified by a statement of truth)
Back to top
Court’s power to dispense with statements of case
16.8 If a claim form has been –
(a) issued in accordance with rule 7.2; and
(b) served in accordance with rule 7.5,
the court may make an order that the claim will continue without any other statement of case.

[mystery1]

Re: BW Legal Claim Form after PCN issued in 2012

Edit to suit.

missg01def.rtf

M1

[missg01]

Re: BW Legal Claim Form after PCN issued in 2012

Good evening all,

I sent off my defence and recieved response from court to acknowledge receipt and stating they now were waiting on the claimant.

I recieved the attached letter from BW Legal to state that they would be proceeding with legal route and would be contacting court to confirm this. Meanwhile my uncle is in intensive care after a cardiac arrest left him in a bad way a few days ago. I am now unsure whether to just pay as stress levels are very high but its alot to pay considering I have no recollection of this contravention.

Also would I have to attend court in Northampton as this is not close to me.

Your advice would be greatly appreciated.

Regards

Missg01

[missg01]

Re: BW Legal Claim Form after PCN issued in 2012

Latest letter from Bw Legal

[mystery1]

Re: BW Legal Claim Form after PCN issued in 2012

I am now unsure whether to just pay as stress levels are very high but its alot to pay considering I have no recollection of this contravention.

Entirely your call.

Also would I have to attend court in Northampton as this is not close to me.

Once you get the directions questionnaire you get to nominate your local court.

http://www.legalbeagles.info/forums/...l-Claims-Track

M1

[missg01]

Re: BW Legal Claim Form after PCN issued in 2012

Thanks M1 for your speedy response.

What usually happens next in your experience and what can I do next if I do proceed...should I prepare anything in terms of what will be said or asked in court and is there anything I shouldnt say?

They still havnt sent me the PCN?

no need to respond today I know its a Sunday.

[missg01]

Re: BW Legal Claim Form after PCN issued in 2012

Hi M1,

Hoping you can respond in time sorry its abit short notice..

Tomoro they will be calling me for our mediation phonecall...

Is there any advice you can give me on what to say and not to say. How should my stance be on the resolution outcome?

many thanks again

[mystery1]

Re: BW Legal Claim Form after PCN issued in 2012

First thing first, don't expect a resolution. Rarely happens, particularly when you are not willing to pay.

The only thing to avoid is telling they you may have been the driver. You do not know for certain although you do know if it was yourself you would have paid, if able to.

M1