BW Legal gone to CCBC

[keith123]

Hello.

This is my first time posting and as many others I have done some research, but realized that there is loads of information out there.

I have today received a Claim Form from BW Legal (claimant being Premier Parking Solutions) going through CCBC.
It is for three PCN between 6/6/16 and 26/10/16 - almost 5 years ago. Total of £725

If I understood all I read correctly, I need to respond through moneyclaim.gov.uk within 14 days.

My plan is to dispute the claim and to ask for evidence - as I don't have anything anymore. I have thrown away all the letters and PCNs

There is also a £180 extra charge "as set out in the Terms and Conditions and in the ATA Aos Code of Practice" - I looked this up and couldn't find it at all, so I want to dispute this as well, as the £70 legal representative's costs. Also an interest of 8% per annum according to section 69 of the County Courts Act 1984 - again, there is no mention of the amount of the interest.

Can you please let me know if my thought process is correct?
Any other advice or templates would be much appreciated.

Thank you

[ostell]

So SAR to the pzrking company
CPR 31.14 to BWL to request the PCNs and copies of the signs that created the alleged contract.

templates in the shortcuts panel on this page

For the extra charges look here:
https://www.dropbox.com/s/16qovzulab...inson.pdf?dl=0

[keith123]

Thank you Ostell. Great help.

I am just in the middle of filling in the CPR31.14. and wanted to double check what I can request. Below is the Claim.

My Claim only says:
The Claim is for the sum of £xxx being sue from the Defendant on respect of 3 PCN for contractual breaches which occurred between 06/06/2016 and 26/10/2016 on private land operated and managed by the Claimant in relation to a vehicle with registration mark XXX.
The land is privately owned and the Claimant operates and enforces a parking management scheme. The Defendant is believed to be responsible for the vehicle when the contractual breaches occurred.
Despite demands, the charges remain unpaid. 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 £0.07%) form 06/06/2016 to 22/02/2021 being an amount of £xxx.
The Claimant also claims £180.00 recovery costs as set out in the Terms and Conditions and in the ATA AoS Code of Practice.

I believe I can only request The contract and the PCN. Can I request anything else?

Thank you

[ostell]

The PCN, the signs that created the contract and as they have said they are managing you want to see the contract that gives them authority

[keith123]

That's great. Thank you.

This is what I have. Could you please have a look through it?



ME


05/03/2021

BW Legal


Dear Sirs,

Claim Number: XXXXXXXX

Request for documents mentioned in a statement of case under CPR 31.14

On 25/02/2021 I received a County Court claim from yourselves of which I have acknowledged receipt indicating my intention to defend in full.

To enable me to file my defence and/or counterclaim, I require inspection of documents you mention in your statement of case ahead of filing my defence on xx/xx/xxxx.


1. Three Contracts that are mentioned to have been broken
2. Three Parking Charge Notices issued to a vehicle with registration mark xxxxxx
3. Proof of authority to operate and enforce a parking management scheme on the land in question


In accordance with CPR 31.15(c) I undertake to be responsible for your reasonable copying costs incurred in complying with this CPR 31.14 request.

You should note that this claim has not yet been allocated to a specific track and the provisions of CPR 27(2) are of no effect. Had your claim not been issued through CCBC the Claimant would have been obliged to attach copies of the documentation upon which it relies to the Particulars of Claim.

I, as Defendant, am entitled to see the documents on which the Claimant relies and which you must produce at trial. Disclosure at this stage will enable me to fully plead my case and further the Overriding Objective.

You should ensure compliance with your CPR 31 duties and ensure that the document(s) I have requested are copied to and received by me within 7 days of receiving this letter.

If you require more time in which to comply with this request you must tell me in writing and confirm your agreement to an extension of the time allowed for me to file my defence as allowed under CPR 15.5 so I may notify the court.

I look forward to hearing from you.

Yours sincerely

XXX

[ostell]

1 copies of the signs that allegedly created the contract

3 the PoC intimates that the claimant is not the landowner and only manages the land. You require proof of the authority to operate and take legal action

[keith123]

That's great thank you. I have amended number 1 as you suggested above.
I am a bit stuck with 3. this is what I have. Does it make sense?

3. 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.

[ostell]

That would you

[keith123]

Thank you.

Is this ok as a SAR?



xxxxxx

05/03/2021



Premier Parking Solutions





Dear Sir or Madam

Subject access request (Data Protection Act 2018 / General Data Protection Regulations (GDPR))


Name and Address.

Copies of the Parking Charge Notices, copies of the signs that created the alleged contract on three occasions between 06/06/2016 and 26/10/2016 and proof of the authority to operate and take legal action on the land not owned by yourselves.



Please supply the data about me that I am entitled to under data protection law relating to myself.


If you need any more data from me to confirm my identity please let me know as soon as possible. It may be helpful for you to know that data protection law requires you to respond to a request for data within one calendar month.

If you do not normally deal with these requests, please pass this letter to your Data Protection Officer, or relevant staff member. If you need advice on dealing with this request, the Information Commissioner’s Office can assist you. Its website is ico.org.uk or it can be contacted on 0303 123 1113.

Yours faithfully

xxxxxx

[keith123]

Hi Ostell

Thank you for your advice so far.
Today I have received a letter from PPS asking to confirm my identity.

I will email across copies of my documents.

Is there anything else I should do?

Thank you

[keith123]

Hi Ostell

I have received a response back from BW Legal but there was nothing attached.
I am sending them a letter again asking for the attachments. Is there anything else I need to do?

Thank you

[ostell]

Not really until you get the documents.

Keep an eye on the court timings

[keith123]

Hi Ostell

Thank you for the reply.
The date of the issue is 23/02 making the day of the service 28/2.
If I understand this correct, I need to submit my deffence to be received by the 28/03 - this Sunday.

I still have not had anything back from the parking company and my CPR has turned up without the documents.

Not sure where to go from here.

Can you advice please?

[ostell]

You write a defence and state that you are unable to provide a full defence because of the lack of details in the Particulars of claim and the solicitor has not provided details despite a CPR 31.14 request being made. You ask the court that the claimant be required to produce the documents and beg the courts permission to submit a more meaningful defence with the costs being met by the claimant

Have you contacted the solicitors again

[MIKE770]

State on such a date CPR31.14 was requested to date not received response. Later on request the court to force them to submit if it gets that stage. Longer not supplied the better