Letter of claim from bwlegal

phoenixfreespirit

Thanks KeithP !

phoenixfreespirit

This is good! Tho not sure it goes far enough.

http://gregknight.com/2019/03/parking-bill-set-to-become-law/

https://www.thisismoney.co.uk/money/cars/article-6813537/Private-parking-firm-crackdown-government-reveals-new-laws.html

beamerguy

phoenixfreespirit wrote: »

This is good! Tho not sure it goes far enough.


https://www.thisismoney.co.uk/money/cars/article-6813537/Private-parking-firm-crackdown-government-reveals-new-laws.html

Bit of a cheek that thisismoney claim it is because of them ???

More waffle from the BPA who have constantly failed the motorist

So ...... where is the new CoP ???

phoenixfreespirit

I can't find details..still waiting Royal assent apparently?

Castle

phoenixfreespirit wrote: »

I can't find details..still waiting Royal assent apparently?

It was given royal assent on 15th March:-
https://hansard.parliament.uk/lords/2019-03-15/debates/F019358C-A242-4AE3-A2E7-A90D77D6C7C0/RoyalAssent

Coupon-mad

How did it go, please let us know and give us a Court Report, good or bad.

phoenixfreespirit

Hi Coupon mad
sorry for not replying before ~ I needed some space from it all, it is all a bit of a blur but ...
The case was a complete farce and shambles. The woman that bwlowlife had hired was totally clueless and seemed to only have read her notes just before going into the courtroom. She couldn't come up with any relevant questions or arguments and after 10 mins said she had no further questions!
The very aptly named Judge Pratt said she could either have 1/2 hour to go away and prepare some questions or concede the case. We came back at 1115 and she stumbled and fumbled through til nearly 12 still not managing to make any relevant points despite the judge trying to tell her what she needed to ask. He then said that we would have to come back after lunch as she obviously still had questions because she hadn't addressed keeper liability.
We came back at 2.30 and even though I managed to ascertain that their signs at the time weren't in line parking with regs as they didn't say 'permit holders only' and the font for £100 fine was too small, he still said they were sufficient and because I couldn't find where the ntk was non compliant he finally managed to give his already decided judgement of keeper liability.
So £100 although interest at 1 instead of 8%, he refused their costs because they issued prematurely, confusing correspondence and waste of space representation (he did all her work for her) and she would never have managed to make a case without his help!
I did manage to make several relevant points but am not very assertive and by the time it came for me to actually say anything(about 3 oclock), I was tired and fed up with it all as it was obvious by the amount of help he was giving them, that he had already long decided the outcome, despite looking very uncomfortable about it.
We went in at 1030 and came out at 3.30!
Lesson learnt the law is an !!!, an !!!! and asinine and just because something is supposedly 'legal' it doesn't make it ethical, moral, just, fair or right.
When I questioned the amount of time and distress caused by the whole thing, he did say that if he was my legal adviser he would suggest a counter claim; which I know you already kindly offered but tbth I really couldn't face going through all that again, I'd rather just move on and be able to think of mum without all the nonsense; no amount of money could make up for it.
Thank you so much for all your time, advice and help, I really do appreciate it despite the outcome.
Hopefully with the new bill and code of practice both pps and bwl will soon be out of business anyway and it will also be easier for people to make a case against unfair tickets.
Thanks again to everyone for their help, you all do a brilliant job ~ keep fighting the good fight.

Coupon-mad

the font was for £100 was too small, he still said they were sufficient and because I couldn't find where the ntk was non compliant he finally managed to give his already decided judgement of keeper liability.

Oh well you gave it your best shot for several hours!

And their costs were denied, which is very good. At least you had that satisfaction, but you came up against a Judge who is clearly leaning in favour towards a PPC and not the consumer.

You cost them a lot more than £100, loads more. Move on with your head held high.

phoenixfreespirit

Thanks Coupon mad
Yes that sounds about right, he waffled on for about 20mins at the the end about commercial interests and assets but I had already tuned out by then to stop myself from walking out and being in contempt...because I was!
Bwl should have paid him the £180 they tried to claim for legal fees and expenses ~ he earned it more than the woman they hired!
I did say at the end that as I wasn't a 'legal expert' I couldn't understand the issue of a parking ticket in response to watching an obvious struggle by an elderly, disabled person, whatever a sign on a wall said, as even if it had been my parking space I would have helped.
I did leave despairing in human nature but after a long beach walk to clear my head, I went to do a shop and was given 4 £25 bouquets of roses and lilies for 25p each by the grocery guy, and saw one of the kindest, loveliest people I know, who I hadn't seen for ages. I also remembered all your help and kindness, so I know there's still hope
Wishing you all the best in sunny Sussex by the Sea ~ where I grew up and misspent my youth (Brighton mainly) haha! from the wild, wet and windy hills of Wales Love bless

Coupon-mad

I misspent my youth in Brighton(ish) too! That's all I'm saying on that front!