Bw legal/excel court claim pcn

[paulo11a]

Part 18 is a bizarre thing really. It doesn't apply to small claims track although until allocation it's not on small claims track. However they invariably do not reply and it's not worth an application to force compliance due to the costs and not being guaranteed to win.

I suggest a normal letter/email is just as effective.

Dear BW Legal,


I, as defendant, am in receipt of your court claim number xxxxxxxx in which the claimant is Excel Parking Services Ltd .


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 Legal 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 comply with the over riding objective to narrow down the issues for the court i would also ask these 3 questions.

1. What is the basis of the claim. Is Excel Parking Services Ltd making a claim as an agent of the landowner or making the claim as occupier in their own right?
2. Is the charge based on damages for breach of contract, or is it alleged to be the price payable for parking under contract? 
(a). If the charge is for damages for breach of contract, please provide your justification of this sum.
(b). If the charge is the price payable for parking under contract, please provide a valid VAT invoice for this ‘service’.
3. Please provide a copy of the parking charge notice and notice to keeper in relation to this claim.




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

Hi Mystery1,

I have exactly the same letter from over 18 months ago for 2 seperate offences. I have read all this post and sent this to draft to the via email.

I have a few questions I hope you can clarify.

1, the court letters are dated 24th aug, i presume i have 14 days from this date, are they working days or incl weekends?
2, should i leave my acknowledegment right up to the last day? i presume around 13th Sep, before i file it.

Thanks

Paul

[mystery1]

Re: Bw legal/excel court claim pcn

5 days from date on claim form then 14 from then. 14 more when you file AoS. There is no point in waiting to file AoS.

All days are calendar days.

M1

[paulo11a]

Re: Bw legal/excel court claim pcn

ok great, i just filed both of them now, so i presume i have 28 days to file a defence?

[mystery1]

Re: Bw legal/excel court claim pcn

33 days from the date on the form. Ideally we either want to file it after about 25 or so or have an extension in place if they grant it and commit to providing better information.

M1

[paulo11a]

Re: Bw legal/excel court claim pcn

ok so around 16th sep is the filing date. If they don't reply to me, I take it I still file a defence. Are you able to help me with that?

[mystery1]

Re: Bw legal/excel court claim pcn

Of course. Just make sure you post the claims and relevant stuff such as replies, pcns, signs etc that that you can (sanitised)

M1

[paulo11a]

Re: Bw legal/excel court claim pcn

ok so if i have no reply from them, then by what date do i get in touch with you to help file a defence?

n.b. the only paperwork i have at the moment, is all the letters from bw legal and the court claim from northampton.

n.b.b. i'm very impressed with your quick responses, it is highly appreciated.

Many thanks

Paul

[mystery1]

Re: Bw legal/excel court claim pcn

ok so if i have no reply from them, then by what date do i get in touch with you to help file a defence?

n.b. the only paperwork i have at the moment, is all the letters from bw legal and the court claim from northampton.

n.b.b. i'm very impressed with your quick responses, it is highly appreciated.

Many thanks

Paul

Give them 9/10 days to reply then phone up and ask if they got your request, are going to answer, what that reply might be. (confirm the details of the call in an email to them so you have evidence).

I don't always reply so quick as i work away from a pc and do 3 on 3 off. Just so you don't get to excited later

M1

[paulo11a]

Re: Bw legal/excel court claim pcn

that's great, thank you

[paulo11a]

Re: Bw legal/excel court claim pcn

Give them 9/10 days to reply then phone up and ask if they got your request, are going to answer, what that reply might be. (confirm the details of the call in an email to them so you have evidence).

I don't always reply so quick as i work away from a pc and do 3 on 3 off. Just so you don't get to excited later

M1

Hi there,

I rang them today, they denied receiving the emails, said I had to set up a password and send them to them again? how the hell can i send an email and put a password in it? They we're also asking me to read through all the details of the email and telling me it's passed the appeals process and you will more than likely get a CCJ!

if you could help that would be greatly appreciated.

Many thanks

Paul

[mystery1]

Re: Bw legal/excel court claim pcn

You used excel@bwlegal.co.uk ?

The password stuff would appear to be nonsense.

I would write to the same email address and write a brief synopsis of the call, name of person (if you know it) what was said etc.

Then phone them up a short while later and send the 1st email again and await confirmation they received it whilst you are on the phone. Get an alternate email address if it doesn't arrive or send by fax (if possible) or post.

Once again send an email with a synopsis of the call.

M1

[paulo11a]

Re: Bw legal/excel court claim pcn

You used excel@bwlegal.co.uk ?

The password stuff would appear to be nonsense.

I would write to the same email address and write a brief synopsis of the call, name of person (if you know it) what was said etc.

Then phone them up a short while later and send the 1st email again and await confirmation they received it whilst you are on the phone. Get an alternate email address if it doesn't arrive or send by fax (if possible) or post.

Once again send an email with a synopsis of the call.

M1

ok so i contacted them, they now say that they sent a letter out to me on the 8th with my requests? yet i contacted them on the 9th and they said they never had an email from me, they also now say nothing is on file for a conversation and password set up on the 9th. They also could not tell me over the phone what was in the letter.

[mystery1]

Re: Bw legal/excel court claim pcn

Arseholes.

Make sure you send the email to run through details of the call. Will make good evidence for unreasonable behaviour later on.

M1

[paulo11a]

Re: Bw legal/excel court claim pcn

Arseholes.

Make sure you send the email to run through details of the call. Will make good evidence for unreasonable behaviour later on.

M1

Hi M1,

have done what you said, when i get the letter, do i send on here or to you privately?

Thanks

Paul

[mystery1]

Re: Bw legal/excel court claim pcn

Pop it up here.

M1