BW Legal gone to CCBC

[keith123]

So far I have got a start on the defence, however there are few points, highlited, that I can't get my head around. Are these necessary for Parking Claim?


Defence - reducted.docx

[keith123]

Yes, I have asked for the documents again.
I have started on my defence from the template.
Do I need to attach all the letters as well?

[keith123]

Thank you for your reply.

I think theses points in my defence cover it.

10.On the 06 March 2021 The Defendant sent a request for inspection of documents mentioned in the claimant’s statement of case under Civil Procedure Rule 31.14 to BW Legal. I requested the Claimant provide copies of the Signs that allegedly created the contract; Three Parking Charge Notices issued to a vehicle with registration mark XXXXXXXX; Proof of authority to operate and enforce a parking management scheme by the Claimant on the land in question. As indicated in the claim, this land is not owned by the Claimant.

11.BW Legal has not sent any of these documents to the Defendant. On 16 March 2021 The Defendant received a letter from the Claimant but there was no document that were requested. On 25 March 2021 after no more documents from Claimant arrived, The Defendant asked for these documents to be sent out again.

12.On the 6 March 2021 The Defendant sent a formal request for copies of the signs that allegedly created the contract; Three Parking Charge Notices issued to a vehicle with registration mark KE64 FRC; Proof of authority to operate and enforce a parking management scheme by the Claimant on the land in question to Premier Parking Solutions. On 9 March The Defendant received a letter asking for confirmation of identity to which The Defendant replied by email on 11 March 2021. The Claimant has not responded.

[ostell]

That's a witness statement, a defence is why you are not liable for the claim

Use the defence in post #16 as the basis but remember that this was originally for a credit debt so you had to amend to suit

you deny any debt or liability

the PoC is insufficient and unclear in detail to allow a defence to be constructed

A CPR 31.14 request was made to the claimants solicitor on xxxxx . No documents have been received.

You ask the court for permission to amend your defence when the full details are received, with cost being met by the claimant

the claimant is claiming for more than the original alleged debt, an abuse of process
Etc

[keith123]

This is really good Ostell. Thank you

[keith123]

Defence - reducted.docx
I think I managed to get all of it in.
Is there anything else I should add?
All the credit dept bits have been taken out (I hope)

Thank you again Ostell, really appreciate the help. English is not my first language and the legal English is even more tricky...

[keith123]

Hello

After sending my letter to the court I have received an "acknowledgement of my defence" and BW Legal have been in touch to say that their client wants to proceed.

I have received the evidence from BW Legal as well for all three PCNs.

Is there anything I can do at this stage?

Thank you

[orfoster]

Hi Keith,

Interested to know how this claim has progressed?