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Help I’m thinking about giving in and paying
Themalibukid
post Mon, 6 May 2019 - 07:47
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Dear All
I am trying to decide what I should do in respect of this claim against me and would really appreciate so sage advice at this point, I am wavering towards giving in !
Essentially I received a PCN for failure to correctly display in 28/8/17.
At the time I purchased a ticket but it was placed on the dash and was not visible to their satisfaction. We still have the original ticket. The driver parked the car and I am the registered keeper of the vehicle.
The registered keeper details having been obtained from DVLA their next correspondence was a NTK sent 8/11/17 this being 75 days after the ticket was issued.
It is my understanding that this must be served within 56 days ?
On that NTK the balance due is alleged to be a balance of £100, it is my understanding that no more may be recovered than that specified on the NTK ?
Naturally I responded and stated that I would not identify the driver, that they should not add any further costs which would amount to ‘double recovery’ and that they should not pass my details onto any debt recovery company as this would be a breach of DVLA data rules ?
I further pointed out that no loss had been incurred by any party as the full cost of parking had been paid prior to the PCN being issued.
On 6/4/2018 I received a letter from a ‘new’ company TNC Parking services requesting £179 and threatened doorstep collection services. I wrote to them and explained that I would only deal with Armtrac Security (the original claimant also known as KBT) or a court summons. This appears to be in breach of DVLA rules governing passing on data?
On 13/12/17 I received a letter from KBT Armtrac giving final notice for £60 to be paid, with an illustration of how a further £100 could be added as court costs.
On 17/1/18 I received a letter from KBT Armtrac requesting £100 with 7 days.
Once again I replied restating the facts that a ticket was purchased and that any court would consider the case “de minimis” and a waste of court time. I stated that should they continue to waste both mine and the courts time that I would be seeking costs.
Nothing else was heard until 29/11/18 where a letter was received requesting an outstanding balance of £160 be paid to BW Legal who are their approved legal service provider.
On 13/12/18 I received a letter from BW Legal requesting £160.
On 17/12/18 I received a letter from BW Legal saying that they were initiating court proceedings and would be claiming £172.26 plus costs total £247.26.
At the onset of the process I engaged with the claimant and at all further times. I have copies of all correspondence, both ways, and proofs of signed for receipt of all my replies.
My question is simple, do I have sufficient information and grounds to mount an effective challenge to this claim ?
Have I demonstrated a strong enough defence or should I give in ?
If it goes to court should I have representation on the day ?
What should I do next ?



Sent from iPad Air

This post has been edited by Themalibukid: Mon, 6 May 2019 - 08:51
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post Mon, 6 May 2019 - 07:47
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Lynnzer
post Fri, 5 Jul 2019 - 15:45
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QUOTE (ostell @ Fri, 5 Jul 2019 - 13:57) *
They may just hire someone local for the day, probably to your advantage as they may not send the full paperwork.

Yes, use your local court

Then there's the issue of it being dismissed due to no right of audience. The case can only be presented by an external party if he has proper qualifications and sometimes they don't, and indeed it's not unknown for some jumped up, not properly qualified legally trained person to turn up.


--------------------
The Asda shopping trolley parking ticket enthusiast
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Themalibukid
post Mon, 12 Aug 2019 - 21:06
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Hi
It’s been a while since last post so quick update:

Despite ticking the no to mediation box I got a letter inviting me to call the mediator and book an appointment time. Apparently BW Legal wants mediation ! I bet they do !
So I called them to say I wanted to carry on with a court appearance!
I have just received a letter saying that it was no longer being considered for mediation and that I would receive further direction from my local court !
Oh and everything is now in a lever arch file chronologically
Now we wait !
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nosferatu1001
post Tue, 13 Aug 2019 - 07:38
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Now you get on writing your witness statement, you mean, and collecting and annotaitng your evidence so you have it all done ready for the letter confirming your Hearing date.
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Themalibukid
post Mon, 7 Oct 2019 - 06:47
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I will I finally got a court date of October 31.
I am just about to file my defence pack with the court and serve same on the claimant.
In terms of getting everything correct I have a photograph which clearly shows the word penalty on one of the carpark signs however I am struggling to find reference to the word penalty in the codes of practice.
They’ve changed the codes of practice quite a few times over the last few years but in this case the PCN was August 2017
Any ideas?
Thanks

Sorry they are IPC NOT BPA
thanks
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ManxRed
post Mon, 7 Oct 2019 - 08:32
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Section 11 of the IPC code of practice, specifically 11.2.



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Sometimes I use big words I don't understand in an effort to make myself sound more photosynthesis.
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Themalibukid
post Mon, 7 Oct 2019 - 22:14
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Thanks I was looking under signage 👍
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Themalibukid
post Sat, 19 Oct 2019 - 08:32
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Hi all,
In particular those posters who gave me such sage advice throughout this process.
My hearing date was all set at my local court for 31st October all defence papers were filed and served and frankly I was really looking forward to it!
This morning I received a letter from BW legal stating in a one line response that I was to take this letter as a notice of discontinuance whereby the claimant KBT (armtrac) discontinues all of the claim.
I am beyond disappointed that I didn’t get my chance to see these idiots across a desk!
And that’s it I don’t appear to be able to take this further?
I now realise I should of had the courage of my convictions and faith in the advice of others to issue a counterclaim!
What I have now in my possession is a file of information which would be Gold-dust to the next person in my position!
I feel like I would be able to get some sort of closure if I could pass some of this wisdom on but there are many ‘000 posters here already.
The key points in my defence were as follows and useful to anyone ‘caught’ at Sandy Acres.
Keep the original parking ticket you purchased and send a copy to KBT with a covering letter ASAP do not identify the driver at any stage of the process!!!!
The blue sign uses the word penalty
The white sign has a café open sign in front of it both available to download via Google maps
Check the date you receive NTK mine was 71 days
Do an SAR and you will get back the pictures of the alleged offence they were of such poor quality you could not tell which way up the ticket was in the photo and in no image they held was there a picture showing the ticket and the vehicle numberplate. They offered no other evidence.
Pretty soon you will see the money is being sought escalate until they no longer match the figure on the NTK
When you see a breakdown of costs for the money being sought it will ultimately include legal costs that the solicitor knows cannot be recovered in Small Claims Court.

Does anybody know if there is any way that I can report BW legal to the law society or solicitors ombudsman for being party to a process which is fundamentally dishonest, an abuse of process, and a complete waste of court resources?

Cheers
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M267
post Sat, 19 Oct 2019 - 09:02
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Don't trust them. Check with the court that they have cancelled the process.
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Themalibukid
post Sat, 19 Oct 2019 - 09:25
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Of course but not on a Saturday
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ostell
post Sat, 19 Oct 2019 - 10:27
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And I believe that as they have discontinued so late in the game that you may be able to claim your costs from them. There is no doubt a reference to this somewhere but a letter to the court referencing their late discontinuation and show your costs, time @ £19 per hour, paper postage etc. Nothing to lose

This post has been edited by ostell: Sat, 19 Oct 2019 - 10:28
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