County Court Claim Excel parking/BW Legal, in need of help!

angelfire

Worked out how to get the photos on! Apologies for the upside down one. There are a few more of the signage taken at night but they haven't sent any of them taken during the day.

The photos of my car reg, one of the letters on my reg plate is obscured by something, which looks like maybe a smudge on the camera? I'm not sure, but there was nothing wrong with the plate itself? Neither of the photos of my car show it parked in a bay, I'm not sure if that makes any difference?

ok, so the signage is the same now as it was in the photos taken by BW Legal.

My defence is as was stated above in the thread.

System

Since you cannot disprove Excel being the lawful occupier, you are left with

a) Signs not being clear which the night pic confirms and
b) Driver identity which unless you can prove you were elsewhere, leaves it open to the judge to decide on the balance of probabilites
c) The (unidentified) driver may have paid but you can offer no evidence of the same.

Write your WS on the basis of your defence and concentrate on trying to sort out a - c above.

angelfire

IamEmanresu wrote: »

Since you cannot disprove Excel being the lawful occupier, you are left with

a) Signs not being clear which the night pic confirms and
b) Driver identity which unless you can prove you were elsewhere, leaves it open to the judge to decide on the balance of probabilites
c) The (unidentified) driver may have paid but you can offer no evidence of the same.

Write your WS on the basis of your defence and concentrate on trying to sort out a - c above.

Is there any point in pushing the fact that there's no photos of my car in an actual space?

It's so long ago, I'd struggle to prove I was elsewhere now I think.

Is it worth me going down to take more photos of my own in the day? The lettering IS quite small?

Based on the above, how strong of a case do you think I've actually got? I have read lots of successful cases, but they have been where the defendant had put the wrong number in the machine, or they remember not being able to find a suitable space etc. i mean it's possible that if my partner were driving, he could have been waiting for a suitably sized space to become available (it is quite a big car and can be difficult to park), but neither of us remember that far back!

I just don't want to go through the stress of a court appearance and then end up paying it all anyway if my defence is practically none existent!

Thank you for your continued help by the way!

System

if my defence is practically none existent!

We don't know that as you haven't said if you have researched

a) Who pays the Non-Domestic Rates or
b) Who was driving or
c) Was a payment made by card or pay by phone.

Only you know or can find that out.

Coupon-mad

Why did you not prepare your WS and evidence weeks ago, seeing as the NEWBIES thread tells you what to do when, with example WS and evidence, and the court letter giving you the hearing date already told all parties when to exchange WS by. So you were told here and told by the court.

You are lucky your court reminded you. Most would not.

Not lucky if it's Wigan court though. They are infamous for a terrible decision v Janeo on pepipoo.

Amazed people bung in a defence then disappear, despite the NEWBIES thread telling everyone 'defence is not your only job'! Hurrumph. Now you are on the back foot.

Show us your draft WS. An easy thing to write. See the NEWBIES thread.

angelfire

I am really struggling with this and feel I would probably be best just paying up.

I'm off work with stress after a bad couple of months and i can't see any way of winning this case. After having checked, it looks like it would have been myself driving, as my partner was signed in at work, but either way, no ticket was bought (I've checked bank statements).

I've been back down to the car park and taken my own photos of the signs, and whilst the print IS small, they ARE there.

The pack that has been sent to me by BW Legal answers every one of my points in my defence and so I'm struggling to write any sort of witness statement. I can't remember the day in question!

What will happen now if I just call them and ask to pay? I don't have the money to pay anything all at once anyway. Is it too late to negotiate the charges down?

angelfire

Also, if I give in and pay up now, then I have a chance of setting up a payment plan and paying it off over time. If I lose in court, I'm assuming court fees will be added on and I'll have a finite amount of time to pay, or a CCJ will be applied?

System

You'd likely be better letting the claim run on to court - on a papers only basis.

Write a Witness Statement with your version of events and what you honestly believe. A judge will always look at both sides and make a decision on what is in front of him.

If you lose, it will be for an amount he/she sees as due and often it is less than the amount you are thinking of paying. There also should be no additional costs as neither party needs attend.

There is also the chance that the judge knows the site (quite likely now) and will be aware of a flaw in the Excel case which means you will pay nothing. They have to make their case as they are the ones that have instigated the action.

So Witness Statement and a papers only hearing is likely to be your least cost option.

angelfire

IamEmanresu wrote: »

You'd likely be better letting the claim run on to court - on a papers only basis.

Write a Witness Statement with your version of events and what you honestly believe. A judge will always look at both sides and make a decision on what is in front of him.

If you lose, it will be for an amount he/she sees as due and often it is less than the amount you are thinking of paying. There also should be no additional costs as neither party needs attend.

There is also the chance that the judge knows the site (quite likely now) and will be aware of a flaw in the Excel case which means you will pay nothing. They have to make their case as they are the ones that have instigated the action.

So Witness Statement and a papers only hearing is likely to be your least cost option.

How would i go about this please? In terms of the papers only hearing? BW Legal have just offered to reduce the charge by half?

System

BW Legal have just offered to reduce the charge by half?

What is that figure and is it acceptable to you.

Whatever the rights/wrongs of the PPC industry, the decision will always be a personal one based on how valuable your time is, and how you feel about your case.

Some people will defend a case on principle. Some will be pragmatic and look at cost/benefit. It's your decision.

There is also the chance that the judge knows the site (quite likely now) and will be aware of a flaw in the Excel case which means you will pay nothing.

Perhaps this is correct - or it may be wishful thinking. But all court cases come with a risk for both sides