county court business centre claim form letter parking charge notice i didnt pay

[cazza33]

Help please

I have received a County Court business centre claim form today to pay £247.20 for a parking notice wasn't paid back in 2014, I have acknowledged on the website and said I will defend in full.

Can anyone help me how with a template? or what I would need to include in this?

Thank you

[mystery1]

Re: county court business centre claim form letter parking charge notice i didnt pay

Can you post the claim form,and pcn if you have it, signs etc too (sanitised versions).

M1

[cazza33]

Re: county court business centre claim form letter parking charge notice i didnt pay

Hi .. I'm struggling to upload :-(

[cazza33]

Re: county court business centre claim form letter parking charge notice i didnt pay

It is from a pcn back in Feb 2014, I'm actually sure it wasn't me driving at the time ... It was at the peel centre Stockport

[mystery1]

Re: county court business centre claim form letter parking charge notice i didnt pay

My signature has a link to a picture posting tutorial or email Kati.

M1

[cazza33]

Re: county court business centre claim form letter parking charge notice i didnt pay

I have emailed my letter as in using an I phone and unable to upload a pic on here .. Thank you

[Kati]

Re: county court business centre claim form letter parking charge notice i didnt pay

[MENTION=5354]mystery1[/MENTION] xx

[mystery1]

Re: county court business centre claim form letter parking charge notice i didnt pay

Get back to you soon.

M1

[cazza33]

Re: county court business centre claim form letter parking charge notice i didnt pay

Thank you

[mystery1]

Re: county court business centre claim form letter parking charge notice i didnt pay

Dear BW Legal,

I write in response to the claim lodged by yourselves on behalf of Excel parking services LTD. Ref xxxxxx

First of all i am compelled to ask that you replead your claim to comply with CPR 16.4 and PD 16 7.5.

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.



Clearly the particulars of claim do not mention how the terms were brought to the drivers attention, what term may have been breached, whose conduct it was (driver, keeper, registered keeper or owner) and whether you seek to hold the keeper liable under the Protection of freedoms act 2012.

Secondly, it is noted that the claim form is signed BW Legal services limited. As such i draw your attention to the relevant rules.


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.


Clearly you have failed to follow these rather simple rules. This should be rectified.




Further to the above, and in order to fulfil our duties under the over riding objective, i ask you to supply :-

1. The parking charge notice.
2. Copies of the signage that created a contract, or attempted to, as the case may be.
3. A copy of any and all contracts which allows Excel to operate on this land AND sue in their own name. Redacted where required.
4. A copy of the invoice for £54.

Please respond within 7 days. Should you require longer please advise and we can see about an extension for the time for myself to file my defence pursuant to cpr 15.5.

Yours sincerely


Send via email.

M1

[cazza33]

Re: county court business centre claim form letter parking charge notice i didnt pay

Thank you :-) would I send this in the defence section on the county court claim form online or do I send to bw legal on email? I acknowledged to fully defend 6-7 days ago but left the defence empty at the moment ... Thank you

[cazza33]

Re: county court business centre claim form letter parking charge notice i didnt pay

Sorry- sent to excel just now.. just understood it is to Bw Legal

Thank you so much, will update if/when I get a reply

:-)

[sjs2000]

Re: county court business centre claim form letter parking charge notice i didnt pay

Hello All,

My mother in law has received the same letter...can you advise what I should do? I've seen that I should acknowledge receipt of this county court claim letter.

Sophie

[MIKE770]

Re: county court business centre claim form letter parking charge notice i didnt pay

Hello All,

My mother in law has received the same letter...can you advise what I should do? I've seen that I should acknowledge receipt of this county court claim letter.

Sophie

First Steps start your own thread no mix ups then