** Lost ** BW Legal & CC Claim Form

[Gemster]

Hi
Just received a Claim form from BW Legal on behalf of VCS
Partner pulled over to clear snow off Windows and mirrors and lights in International Business Park Liverpool
He didn't see any signs prohibiting parking (engine running at all times)
I have spoke to BWLegal who advised if we contented there is a risk of a hearings on costs could go up.
We have ignored letters about PCN as per advice inline for Parking charge notices but have now received this claim form which isn't even in the correct name as they have separated his surname into two names
I am loathed to pay as there were no signs and anyone could access this prohited area and he wasn't "parked"
They want £239.00 my partner wants to pay to "just get rid" but does he then open himself up to more if there is some sort of soft targets list that these companies shared!.
Any advice would be gratefully received

[mystery1]

Re: BW Legal & CC Claim Form

Post up a sanitised version of the claim form.

M1

[Gemster]

Re: BW Legal & CC Claim Form

Sorry i seem to be having trouble posting the photo. So will send a copy to admin@legalbeagles

[mystery1]

Re: BW Legal & CC Claim Form

[MENTION=6]Amethyst[/MENTION] will post when she gets it.

M1

[Gemster]

Re: BW Legal & CC Claim Form

Hi M1 unfortunately there is still no image of the claim form Hoping it will come up today

[mystery1]

Re: BW Legal & CC Claim Form

Send it to [MENTION=49370]Kati[/MENTION] as she appears to be online. Think i'll take [MENTION=6]Amethyst[/MENTION] off my signature as several people seem to have issues.

M1

[Kati]

Re: BW Legal & CC Claim Form

Send it to @Kati as she appears to be online. Think i'll take @Amethyst off my signature as several people seem to have issues.

M1

I'm always around somewhere :lol: (Ame's away atm and seems to get a lot more emails from me )

[Gemster]

Re: BW Legal & CC Claim Form

Many thanks I have just emailed it over

[Kati]

Re: BW Legal & CC Claim Form

Got it xx

- - - Updated - - -

any chance you have a slightly larger image [MENTION=89133]Gemster[/MENTION] (it's pretty hard to read this one ) xx

[Gemster]

Re: BW Legal & CC Claim Form

Sent another copy hope it's easier to read

[Kati]

Re: BW Legal & CC Claim Form

[MENTION=5354]mystery1[/MENTION] xx

- - - Updated - - -

Sent another copy hope it's easier to read

perfect :yo: xx

[mystery1]

Re: BW Legal & CC Claim Form

So on ground owned by Liverpool airport and covered by byelaws.

File acknowledgement of service and i'll get back to you.

M1

[Gemster]

Re: BW Legal & CC Claim Form

Sorry just to confirm
I put his correct name in Ack of Service form and tick I intend to defend all of this claim and then just send that section back?

[mystery1]

Re: BW Legal & CC Claim Form

Dear BW Legal,

I, as defendant, am in receipt of your court claim number xxxxxxxx in which the claimant is Vehicle Control Services limited.

I would like to bring to your attention CPR 16.4 which centres around the contents of the claim form and practice direction 16 particularly 7.5 This case should be repleaded as it is neither concise nor has any information which must be specified.

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.







Further the particulars of claim are signed BW Lgal services limited which is a clear violation of cpr.

CPR 22

Documents to be verified by a statement of truth
22.1
(1) The following documents must be verified by a statement of truth –
(a) a statement of case



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.


In order to ascertain your response and see if i need to take further action i would ask for an extension to the time for filing a defence pursuant to CPR 15.5 and seek the full 28 days extra and look forward to your cooperation on this. Failure to sort out you case or the issues identified will lead me to consider a summary judgement application particularly if time starts to get short.

Yours etc

M1

[Gemster]

Re: BW Legal & CC Claim Form

Many thanks for the above We really do appreciate your assistance.
One last question do I send a copy of this letter to the County court with my acknowledgment of service and will they acknowledge receipt
Sorry for so many Qs as never done this before!
Many thanks Gemster