County Court Claim Form received from BW Legal Options

[legbiscuit]

The registered keeper has today received a county court claim form from BW Legal on behalf of NCP reference an unpaid parking ticket. Multiple correspondence via post and email had been received up until this point. The RK initially disputed the charge on the basis of the high amount with NCP and which was rejected.

Is it correct to assume they now need to post a 'scrubbed' version of the Claim Form here for advise on how to proceed?

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[emanresu]

Before you do anything else - go online and acknowledge. The middle right hand box (the one with the password) explains what to do. This gives you extra time to develop a defence

[legbiscuit]

Before you do anything else - go online and acknowledge. The middle right hand box (the one with the password) explains what to do. This gives you extra time to develop a defence

OK, thank you. On it.

Should they be contesting jurisdiction?

[emanresu]

Should they be contesting jurisdiction?

No and you are defending all of the claim.

[Redivi]

Should they be contesting jurisdiction?

Only if he lives in Scotland

That question causes so much confusion that the form needs to explain what it means

Do not put anything at all in the Defence box

"Penalty too high" was ruled out as an automatic defence point by the Supreme Court nearly two years ago
The parking company must meet certain conditions, which NCP doesn't, but the companies and many lazy judges ignore the restrictions

This post has been edited by Redivi: Thu, 19 Jul 2018 - 13:34

[legbiscuit]

OK, the Acknowledgment of Service has been submitted. Nothing else was entered.

What's next?

[ostell]

You start preparing the defence so that it gets to the court within 33 days of the issue date.

So you need to give some more information to get help. How about photos of the signs and the Notice to Keeper for starters?

[legbiscuit]

You start preparing the defence so that it gets to the court within 33 days of the issue date.

So you need to give some more information to get help. How about photos of the signs and the Notice to Keeper for starters?

Thank you for your help so far. I have been back to the car park in question and taken photographs of the signs at the entrance and also the small signs that are dotted around the car park itself.

I have also scanned a copy of the NtK.

[emanresu]

It appears from the paperwork you entered a Pay and Display and didn't pay. Is this correct and if not what happened.

As regards the pics, they are wonderful if you are practising guessing what the fuzzy lines mean. They are certainly large enough for people to know there were signs, but we can't read the text on them.

Also if there were payment machines, what does it say on or by them.

[legbiscuit]

It appears from the paperwork you entered a Pay and Display and didn't pay. Is this correct and if not what happened.

As regards the pics, they are wonderful if you are practising guessing what the fuzzy lines mean. They are certainly large enough for people to know there were signs, but we can't read the text on them.

Also if there were payment machines, what does it say on or by them.

I 'paid' for the ticket using one of the mobile apps, that's what I thought anyway. It turns out there is actually another car park right next door, which after having lived in the area for most of my life I had never heard about. I think it's mainly a staff car park for one of the nearby businesses. It's impossible to see from the main road anyway. One of them is listed on one of the mobile apps and the other one on a different one, with the same street name, meaning it's incredibly easy to pay for the wrong car park because you'd have no reason to think it's the wrong one.

It's not a problem to get photos of the signs that show the text more clearly.

[legbiscuit]

I went back this morning and took a photo of the sign whereby you can see the text.



I'm still getting letters and emails from BW on an almost daily basis telling me to contact them urgently.

[ostell]

Is that sign only on the approach roads into the car park, Parallel to the road and you are moving. Impossible to read and create a contract. What do the small signs on the lamposts say?

[legbiscuit]

Is that sign only on the approach roads into the car park, Parallel to the road and you are moving. Impossible to read and create a contract. What do the small signs on the lamposts say?

That sign is the only sign of that size and is on the right hand side after you have entered the car park approach, off the main road. There is no way of turning around at that point unless you fully enter the car park and then go out of the exit.

I didn't get the chance to photograph the small signs today unfortunately but I assume they say the same thing.

[Sheffield Dave]

The wording of that sign says that it you breach the T&Cs they will issue a PCN. Nowhere in those T&Cs (unless there are extra conditions on another sign) does it say that the driver agrees to pay it.

[ostell]

Chack the small signs as you could not possibly agree to the terms and conditions on that sign if the only sight of it is as you drive past.

[legbiscuit]

Apologies for the delay in replying, I have been trying to move house in amongst this as well. I have been back to the car park and photographed the small signs that are dotted around. They are quite high up, as my last photos show, so it's impossible to get a photo that is closer than this one unless you have a professional camera with a zoom lens.

I need to start getting my defence ready now. Any pointers?

[kommando]

So measure the height of the sign to reinforce why they are unreadable.

[legbiscuit]

So measure the height of the sign to reinforce why they are unreadable.

That's a good idea actually, I can do that. It must be 9ft off the ground.

Other than signage, what other options do I have for my defence?