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** Lost ** BW Legal & CC Claim Form

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  • ** Lost ** BW Legal & CC Claim Form

    Hi
    Just received a Claim form from BW Legal on behalf of VCS
    Partner pulled over to clear snow off Windows and mirrors and lights in International Business Park Liverpool
    He didn't see any signs prohibiting parking (engine running at all times)
    I have spoke to BWLegal who advised if we contented there is a risk of a hearings on costs could go up.
    We have ignored letters about PCN as per advice inline for Parking charge notices but have now received this claim form which isn't even in the correct name as they have separated his surname into two names
    I am loathed to pay as there were no signs and anyone could access this prohited area and he wasn't "parked"
    They want £239.00 my partner wants to pay to "just get rid" but does he then open himself up to more if there is some sort of soft targets list that these companies shared!.
    Any advice would be gratefully received
    Tags: None

  • #2
    Re: BW Legal & CC Claim Form

    Post up a sanitised version of the claim form.

    M1

    Comment


    • #3
      Re: BW Legal & CC Claim Form

      Sorry i seem to be having trouble posting the photo. So will send a copy to admin@legalbeagles

      Comment


      • #4
        Re: BW Legal & CC Claim Form

        [MENTION=6]Amethyst[/MENTION] will post when she gets it.

        M1

        Comment


        • #5
          Re: BW Legal & CC Claim Form

          Hi M1 unfortunately there is still no image of the claim form Hoping it will come up today

          Comment


          • #6
            Re: BW Legal & CC Claim Form

            Send it to [MENTION=49370]Kati[/MENTION] as she appears to be online. Think i'll take [MENTION=6]Amethyst[/MENTION] off my signature as several people seem to have issues.

            M1

            Comment


            • #7
              Re: BW Legal & CC Claim Form

              Originally posted by mystery1 View Post
              Send it to @Kati as she appears to be online. Think i'll take @Amethyst off my signature as several people seem to have issues.

              M1
              I'm always around somewhere :lol: (Ame's away atm and seems to get a lot more emails from me )
              Debt is like any other trap, easy enough to get into, but hard enough to get out of.

              It doesn't matter where your journey begins, so long as you begin it...

              recte agens confido

              ~~~~~

              Any advice I provide is given without liability, if you are unsure please seek professional legal guidance.

              I can be emailed if you need my help loading pictures/documents to your thread. My email address is Kati@legalbeagles.info
              But please include a link to your thread so I know who you are.

              Specialist advice can be sought via our sister site JustBeagle

              Comment


              • #8
                Re: BW Legal & CC Claim Form

                Many thanks I have just emailed it over

                Comment


                • #9
                  Re: BW Legal & CC Claim Form

                  Got it xx

                  - - - Updated - - -

                  any chance you have a slightly larger image [MENTION=89133]Gemster[/MENTION] (it's pretty hard to read this one ) xx
                  Attached Files
                  Debt is like any other trap, easy enough to get into, but hard enough to get out of.

                  It doesn't matter where your journey begins, so long as you begin it...

                  recte agens confido

                  ~~~~~

                  Any advice I provide is given without liability, if you are unsure please seek professional legal guidance.

                  I can be emailed if you need my help loading pictures/documents to your thread. My email address is Kati@legalbeagles.info
                  But please include a link to your thread so I know who you are.

                  Specialist advice can be sought via our sister site JustBeagle

                  Comment


                  • #10
                    Re: BW Legal & CC Claim Form

                    Sent another copy hope it's easier to read

                    Comment


                    • #11
                      Re: BW Legal & CC Claim Form

                      [MENTION=5354]mystery1[/MENTION] xx

                      - - - Updated - - -

                      Originally posted by Gemster View Post
                      Sent another copy hope it's easier to read
                      perfect :yo: xx
                      Attached Files
                      Debt is like any other trap, easy enough to get into, but hard enough to get out of.

                      It doesn't matter where your journey begins, so long as you begin it...

                      recte agens confido

                      ~~~~~

                      Any advice I provide is given without liability, if you are unsure please seek professional legal guidance.

                      I can be emailed if you need my help loading pictures/documents to your thread. My email address is Kati@legalbeagles.info
                      But please include a link to your thread so I know who you are.

                      Specialist advice can be sought via our sister site JustBeagle

                      Comment


                      • #12
                        Re: BW Legal & CC Claim Form

                        So on ground owned by Liverpool airport and covered by byelaws.

                        File acknowledgement of service and i'll get back to you.

                        M1

                        Comment


                        • #13
                          Re: BW Legal & CC Claim Form

                          Sorry just to confirm
                          I put his correct name in Ack of Service form and tick I intend to defend all of this claim and then just send that section back?

                          Comment


                          • #14
                            Re: BW Legal & CC Claim Form

                            Dear BW Legal,

                            I, as defendant, am in receipt of your court claim number xxxxxxxx in which the claimant is Vehicle Control Services limited.

                            I would like to bring to your attention CPR 16.4 which centres around the contents of the claim form and practice direction 16 particularly 7.5 This case should be repleaded as it is neither concise nor has any information which must be specified.

                            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.







                            Further the particulars of claim are signed BW Lgal services limited which is a clear violation of cpr.

                            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.


                            In order to ascertain your response and see if i need to take further action i would ask for an extension to the time for filing a defence pursuant to CPR 15.5 and seek the full 28 days extra and look forward to your cooperation on this. Failure to sort out you case or the issues identified will lead me to consider a summary judgement application particularly if time starts to get short.

                            Yours etc

                            M1

                            Comment


                            • #15
                              Re: BW Legal & CC Claim Form

                              Many thanks for the above We really do appreciate your assistance.
                              One last question do I send a copy of this letter to the County court with my acknowledgment of service and will they acknowledge receipt
                              Sorry for so many Qs as never done this before!
                              Many thanks Gemster

                              Comment

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