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BW Legal, Letter of claim
Mango2
post Sat, 7 Jul 2018 - 09:56
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Good morning,

After reading comments I came to the conclusion my best form of action was to post the exact details of 'my case'.

We did get a ticket from Premier Parking Solutions Ltd in 2015 but I was advised to ignore any letters etc but to keep them in case circumstances changed.

I received the attached letter(top page) this morning and I'm a little concerned that it would eventually go to County Court. I was told this would never happen but I wouldn't want a CCJ claim against me.

I was told to ignore the original claim through a friend of a solicitor because the driver of the vehicle is unknown. We did display a permit given to us by owners of the building we were renting for the week but when I was helping my disabled wife out of the car into the building I never noticed the permit being blown into the footwell whilst the car doors were open. The following morning we awoke to find a ticket on the windscreen.

Should we ignore this letter too or should I prepare to go to court? I live in Scotland but the 'Contravention' happened in England whilst visiting family. Would I need to go to court in England? A rather long journey and totally unacceptable.

Any help would be much appreciated.

Regards

Mango2

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post Sat, 7 Jul 2018 - 09:56
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kommando
post Sat, 7 Jul 2018 - 10:31
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Edit your post so any driver's identity is not inferred, refer only to a driver, a passenger etc.
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Jlc
post Sat, 7 Jul 2018 - 11:00
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No one should have said (since 2012 at least) that it would never go to court.

Yes, it would be heard in an English court. (But as a consumer you can decide which - so the closest to the border...)

In terms of the driver this may be irrelevant if they have complied with the Protection of Freedoms Act where they can pursue the registered keeper.

I would note that the base amount claimed is clearly ridiculous - that would be something to challenge on the defence.


--------------------
RK=Registered Keeper, OP=Original Poster (You!), CoFP=Conditional Offer of Fixed Penalty, NtK=Notice to Keeper, NtD=Notice to Driver
PoFA=Protection of Freedoms Act, SAC=Safety Awareness Course, NIP=Notice of Intended Prosecution, ADR=Alternative Dispute Resolution
PPC=Private Parking Company, LBCCC=Letter Before County Court Claim, PII=Personally Identifiable Information, SAR=Subject Access Request

Private Parking - remember, they just want your money and will say almost anything to get it.
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Mango2
post Sat, 7 Jul 2018 - 11:41
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Thank you for the help, it’s much appreciated.

I hope I haven’t inferred who was driving as I thought I hadn’t or intend to do as there was four of us travelling at the time.

Surely we wouldn’t be expected to go to court in England as we live in Scotland. Would it be possible to claim expenses from BW Legal if they lost the case?

Is it smart move contacting BW Legal to argue that point?
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Jlc
post Sat, 7 Jul 2018 - 11:43
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If you won then you can claim costs, yes. (Although limited at small claims)

I wouldn’t be ringing anyone - to argue what?


--------------------
RK=Registered Keeper, OP=Original Poster (You!), CoFP=Conditional Offer of Fixed Penalty, NtK=Notice to Keeper, NtD=Notice to Driver
PoFA=Protection of Freedoms Act, SAC=Safety Awareness Course, NIP=Notice of Intended Prosecution, ADR=Alternative Dispute Resolution
PPC=Private Parking Company, LBCCC=Letter Before County Court Claim, PII=Personally Identifiable Information, SAR=Subject Access Request

Private Parking - remember, they just want your money and will say almost anything to get it.
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ostell
post Sat, 7 Jul 2018 - 11:47
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You write to them as the keeper and tell them that the claim is outside the jurisdiction of the English Court system so why are they continuing.

At the same time demand that they send you all the documentation that they intend to use in court to prove their alleged claim in order to narrow the issues. This includes each and every document issued to the alleged driver or the keeper. They should already have the documents in their possession in order to process the claim.

Don't identify the driver.

This post has been edited by ostell: Sat, 7 Jul 2018 - 11:48
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Redivi
post Sat, 7 Jul 2018 - 12:53
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They should already have the documents in their possession in order to process the claim.

I always advise using that line when requesting documents

BWL doesn't see any documents before it issues claims and only checks them if the claim is defended
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kommando
post Sat, 7 Jul 2018 - 14:44
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QUOTE
Surely we wouldn’t be expected to go to court in England as we live in Scotland.


If they do raise a claim then Northampton has a database of postcodes and it should automatically be rejected back to BW Law and the claim stopped, if it does get through that test then when you acknowledge the claim online you dispute jurisdiction and the court should stop the claim.

If they try to raise a case in the Scottish courts then their issue will be keeper liability is dead in Scotland so again it will fail.

The ignore advice is still valid for Scotland except for a letter before claim or an actual claim.
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Spudandros
post Sat, 7 Jul 2018 - 19:47
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QUOTE (kommando @ Sat, 7 Jul 2018 - 15:44) *
QUOTE
Surely we wouldn’t be expected to go to court in England as we live in Scotland.


If they do raise a claim then Northampton has a database of postcodes and it should automatically be rejected back to BW Law and the claim stopped, if it does get through that test then when you acknowledge the claim online you dispute jurisdiction and the court should stop the claim.

If they try to raise a case in the Scottish courts then their issue will be keeper liability is dead in Scotland so again it will fail.

The ignore advice is still valid for Scotland except for a letter before claim or an actual claim.


if they do issue a claim through Northampton using MCOL, there is a box in the Acknowledgement of Service marked "Dispute jurisdiction". Tick that and it should be dead in the water. But still file an initial defence denying liability, with the usual defence points, no compliance with PoFA, poor signage, lack of authpority to litigate, etc. just to be safe.

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Mango2
post Sun, 8 Jul 2018 - 07:06
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Again, thank you for all the advice.

I’m assuming my best move is to wait until a possible claim in court is made then follow the instructions above. They don’t know who parked the car so they don’t have all the facts so they won’t be 100% sure of success. So hopefully they won’t proceed.

I have a positive attitude after yesterday’s result so I’ll keep with that mood.
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ostell
post Sun, 8 Jul 2018 - 07:56
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Try and head of any claim in court by writing to BWL as the keeper and pointing out that any claim would be out of the jurisdiction of the Courts in England. Could save the hassle of having to respond to the court and follow the strict timelines of the court.

They are chancing court in the hope of a quick default judgement as there has been no response to their letters and the hope is there will be no response to court documents.

This post has been edited by ostell: Sun, 8 Jul 2018 - 07:58
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Spudandros
post Sun, 8 Jul 2018 - 08:56
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QUOTE (Mango2 @ Sun, 8 Jul 2018 - 08:06) *
Again, thank you for all the advice.

I’m assuming my best move is to wait until a possible claim in court is made then follow the instructions above. They don’t know who parked the car so they don’t have all the facts so they won’t be 100% sure of success. So hopefully they won’t proceed.

I have a positive attitude after yesterday’s result so I’ll keep with that mood.


You should probably write to them as keeper, denying liability, stating that you were not the driver, live in Scotland where there is no keeper liability and you consider the matter closed. I wouldn't mention jurisdiction directly as its only claims in County Court pursued through MCOL - which most parking companies use - that would be out of jurisdiction but the reply hints that there are other matters for them to consider and they may back off.
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