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Hello All,
I require some help. BW legal have sent me a letter of claim and are now threatening to take me to court.
This is my appeal which i copied from another site...
have received a letter of claim from BW legal and I am writing this email in response to that letter. You have not mentioned whether you are pursing me as a driver or keeper.
I write in response to your "letter of claim" dated 12th August 2019, the contents of which are noted. As registered keeper i have no idea about the parking charge at all. When or where it was for is a mystery to me.
As the pre action protocols expect us to exchange sufficient information to understand each others position please forward to myself the original parking charge notice and a picture of the signs at the location as well as the operators contract which allows them to operate at the site (or indeed confirmation they own the land in question).
As well as the information already requested please answer the following questions :-
What type of car park is it ?
What contravention gives a cause of action ?
Who contravened your rules ?
Who you are pursuing ?
Have you followed the rules laid down in the Protection of freedoms act 2012 schedule 4 ?
How is the £138.22 extra made up ?
Not only will this information help comply with the pre action protocols it will also help achieve the over riding objective.
Having done some research on your claims i request that if you ignore my requests for information that your claim complies with
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.
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.
I await your response and any offers of settlement
Thanks
D
I require some help. BW legal have sent me a letter of claim and are now threatening to take me to court.
This is my appeal which i copied from another site...
have received a letter of claim from BW legal and I am writing this email in response to that letter. You have not mentioned whether you are pursing me as a driver or keeper.
I write in response to your "letter of claim" dated 12th August 2019, the contents of which are noted. As registered keeper i have no idea about the parking charge at all. When or where it was for is a mystery to me.
As the pre action protocols expect us to exchange sufficient information to understand each others position please forward to myself the original parking charge notice and a picture of the signs at the location as well as the operators contract which allows them to operate at the site (or indeed confirmation they own the land in question).
As well as the information already requested please answer the following questions :-
What type of car park is it ?
What contravention gives a cause of action ?
Who contravened your rules ?
Who you are pursuing ?
Have you followed the rules laid down in the Protection of freedoms act 2012 schedule 4 ?
How is the £138.22 extra made up ?
Not only will this information help comply with the pre action protocols it will also help achieve the over riding objective.
Having done some research on your claims i request that if you ignore my requests for information that your claim complies with
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.
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.
I await your response and any offers of settlement
Thanks
D
