Hello All - BW Legal CCJ Action

[Hawthorne]

Hi Everyone,

I am really looking for some clear direction as the information put out on various forums and the Citizens Advice Bureau, seems to conflict.

About 4 months ago, I received a letter from BW Legal notifying me of an alleged car parking infringement way back in March, and that if I ignored their demand for a fee of £160, it would be processed through the County Courts and more fees added. I replied saying that at the time of the incident, I was not driving the vehicle, and why had they been given my personal details? (Up until this point, I have had absolutely no correspondence from the car park owner - NCP Ltd, nor anything else, so it came as a bit of a shock.) Some months passed and a County Court Order came through the post, the day before another BW Legal letter saying that an order had been taken out. Despite contacting BW Legal to explain the situation, this did not seem to matter, and as such I contacted Northampton County Court, who after a lengthy conversation advised that I had a number of options - a day in court defending the claim, pay all of the claim, or, pay part of the claim - which for fear of having a CCJ hanging over me, I duly did. Another month has passed, and I have had another letter stating that I still owe them the outstanding balance and that the Court Order is still pending, together with the threat of bailiffs coming round.

Can anyone help to guide me through my options, as I feel that there is something not right here, and a supposedly reputable legal firm are using less than ethical tactics just to make money. They know I am not going to travel all the way to Northampton, and a solicitor's fees would probably exceed the claim in value. Am I liable as the vehicle owner, do I have any defence, and can I reclaim the money already paid?

[R0b]

Hello

You said there was a conflict between various forums and Citizen's Advice, can you explain what you mean by that?

Also, it's not clear whether you have paid or part-paid the alleged debt, and again it would be helpful to clarify that position. If you paid them part of the debt, did you do this directly to them and if you did, then had you notified the court by filing an acknowledgment? It's really not clear at what stage of the legal process you are at so it's a bit difficult to know where you stand. I suggest you upload the letters you've received from BW Legal so we can decipher it for you because your post is rather cryptic.

Finally, Northampton County Court is the court that processes all claims in the first instance. It does not mean that you have to travel there for any court hearing and the general rule is that the hearing takes place at the defendant's local court.

Until we you can help us with the above queries, we aren't really able to assist you.

[Hawthorne]

Hello

You said there was a conflict between various forums and Citizen's Advice, can you explain what you mean by that?

Also, it's not clear whether you have paid or part-paid the alleged debt, and again it would be helpful to clarify that position. If you paid them part of the debt, did you do this directly to them and if you did, then had you notified the court by filing an acknowledgment? It's really not clear at what stage of the legal process you are at so it's a bit difficult to know where you stand. I suggest you upload the letters you've received from BW Legal so we can decipher it for you because your post is rather cryptic.

Finally, Northampton County Court is the court that processes all claims in the first instance. It does not mean that you have to travel there for any court hearing and the general rule is that the hearing takes place at the defendant's local court.

Until we you can help us with the above queries, we aren't really able to assist you.

Hi there - many thanks for your time.

Attached is a full correspondence timeline covering letters/emails between myself and BW Legal, NCP Ltd and the County Court (Order).

In answer to the above queries, the Citizens Advice Bureau states that unless, as the registered keeper, you can get the person who was driving (at the time of the alleged incident) to pay the PCN, you must pay it yourself or presumably take the risk of a Court Appearance. With all other forums I have read, the advice ranges from ignore the claim completely, to replying with standard defences to that claim. Even BW Legal suggested the CAB - possibly knowing that the advice would be to just pay.

I did (and still do not) want a CCJ against me, therefore following the advice given to me by the Northampton County Court Office, agreed to pay part of the fine (paid directly to BW Legal on 27/11/18 - prior to the agreed payment date). The part of the Court Order form - returned via the Court, details this part payment. Whilst it was explained that I could dispute the claim, and take the matter to Court, I could either pay the full amount being claimed or a part thereof. No other correspondence has been received to say that the part payment was unacceptable, and that the total amount was still due. As you will see from the correspondence, payment was accepted, but that there appears to be no arrears to date? I am therefore assuming that the County Court Order is still to be enacted, which is what I am being advised verbally by BW Legal (telephone message on 22/12/18) will still happen, followed by bailiff action.

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[Amethyst]

You received a court claim in October and responded to the claim admitting the amount of £160, which you have paid. The remaining £80 was defended and if the £160 wasn't accepted in full and final settlement the defended part of the claim will proceed to court.

Have you checked with court the status status of the claim ? It may well be stayed if you haven't yet received a directions questionnaire... which means on hold pending the claimant responding to the court to say they wish to proceed.

So it seems you are wanting to negotiate with the claimant to withdraw the claim for the rest as they accept the £160 in f&f .