Almost a Backdoor CCJ Britannia/BW PCN - managed to file defence late

[Restart]

Thanks @Nicky BoyIts been a long while (years) since I did a SAR's request.

 

I will take a look in the forum. Im sure there will be a download copy.

 

Have a good week.

[honeybee13]

If you click on the letters SAR, you go to another thread which has a template.

 

HB

[Restart]

Thanks for that @honeybee13

 

Can I just double check please. the SAR's page has the following

 

an SAR always goes to the original creditor

regardless to if the debt has been sold to a no powers Debt collection agency

 

As I never had an agreement (and Britannia Parking Group) are not a creditor.

Do I still send the SAR's to them.

The debt collection Co (BW Legal) may have more information on me.

Or maybe Sar's request them both?

 

Thanks

[dx100uk]

bw legal are NOT debt collectors, they are a solicitor.

a solicitor represents their CLIENT,

a solicitor cannot buy 'debts'.

speculative invoice 'debts' do not ever get sold on to debt collectors

 

sar goes to their client , the parking company.

[Restart]

Hi all. Bit of an update for you. Applied for and received the SAR's request from Britannia Parking (Would you like this scanned and uploaded)?

 

Also had another letter from BW Legan (Notice of Intention To Proceed) saying carrying on even though have submitted a response. Shall I upload this also?

 

I'm thinking yes on the above but just checking.

 

Thanks and chat soon.

[Nicky Boy]

Yes,

please upload.

We've not seen at least the original PCN and their documents could have all sorts of things wrong...

[Restart]

What an idiot. And that's after checking them. I will sort. Thanks @FTMDave

 

PDF attached of both SAR's and latest BW Legal letter

 

SAR's and latest BW Legal letter.pdf

[FTMDave]

Thanks.

 

It's hilarious that they tried to be clever and scare you.  They could easily have entered judgement.  Instead they've now got a defended case!

 

Because of their stupid "either you did this or you did that" we still don't know what you're supposed to have done wrong.  Have you got any idea?

[lookinforinfo]

The original  PCN does not comply with the Protection of Freedoms Act 2012.

 

Under Schedule 4 S9 [e]  states "

e)state that the creditor does not know both the name of the driver and a current address for service for the driver and invite the keeper—

(i)to pay the unpaid parking charges; or

(ii)if the keeper was not the driver of the vehicle, to notify the creditor of the name of the driver and a current address for service for the driver and to pass the notice on to the driver;"

 

On your PCN there is no mention of the keeper paying the charge instead of the driver. So only the driver is now responsible  for the charge.

 

And the keeper is not liable to pay the charge so important not to divulge who was driving.

 

Anyone who has a valid motor insurance policy can drive your car so Britannia cannot allege that the keeper and driver are the same person in Court.

 

They have to provide some evidence that the keeper and the driver are the same.

[Restart]

Thanks @lookinforinfo No names will be given as to the driver.

[honeybee13]

Also remember not to say 'I' did whatever, always say 'the driver'.

 

HB

[Restart]

Thanks again. I'm just waiting on them to come back after my defence now. Not sure what this will be but I'm ready

[dx100uk]

did you not get a letter from the court ack'in your defence filing?

 

dx

 

On 09/02/2023 at 06:19, Restart said:

Morning all

Just a quick update on this. Have received a letter from the courts to acknowledge my defence.

PDF attached.

Thanks again so far.

Court Letter Ok to defense BW Legal.pdf 1.9 MB · 8 downloads

 

yes they did

the claimant has not met the 28 days (well 33 days to be honest) yet so things are looking good.

it might just get autostayed then it'll cost 'em +£275 to lift the stay.

 

 

 

dx

[Restart]

Yes. By email and in hard copy.

[Restart]

Morning all.

 

I was wondering that, now my defence has gone into the courts.

Do the other side have a time limit on next action?

Or do I get any kind of notice from the courts at all to say matter dropped etc?

 

Thanks

[honeybee13]

Have you checked what's on MCOL for your case?

 

HB

[Restart]

Didn't think of that. I will go now. Thanks

 

Received the following email from the courts. Sit back and wait now I guess.

 

I can confirm your Defence has been received.

I can see as the Claimant has not got back to us since, the claim against you has been Stayed (put on hold).

Nothing else will happen until/unless the Claimant makes a fee-paid application to a District Judge to remove the stay.

You will be contacted again if this happens.

[Nicky Boy]

Sounds promising...

[FTMDave]

Indeed ...

[dx100uk]

On 13/03/2023 at 11:01, dx100uk said:

yes they did

the claimant has not met the 28 days (well 33 days to be honest) yet so things are looking good.

it might just get autostayed then it'll cost 'em +£275 to lift the stay.

dx

answered this same question weeks ago.

 

[Restart]

Good morning all. Hope you had a good weekend.

 

The attached letter arrived from courts and is re allocation of this case to small claims fast track. Does this mean the other side have paid the monies to lift the stay?

 

Thanks

 

N180 from court.pdf

[FTMDave]

Looks that way.

 

You need to fill in the DQ/N180.

 

Instructions on any PPC claim form thread.

 

 

[Restart]

Thanks @FTMDave

[Andyorch]

 

[dx100uk]

where did you get fast track from its not an n181 nor is the claim above £10k.

 

 

 

 

3 copies

yes to mediation (unless you filed our Statute Barred Defence OR this is a claim for a Private Parking Ticket)

1 wit you

Suitability for determination without a hearing? no (read all the posts in N180 link above for the reason)

the rest is obv

1 to the court

1 to their sols (omit phone/sig/email) if no sols send to claimant

1 for your file

 

dx