Britannia Parking - BW Legal and letters sent to wrong address

nosferatu1001

3 - here you identify the driver. Did yo umean to do that?
Because by doing so you make 6 UTTERLY useless. IF they pursue the driver teh protections FOR THE KEEPER go *!!!!!!* and disappear to nothing.

No, its not a great defence. 2) isnt a defence.

Cemesis

I have re-written it after going through a number of defence examples. I believe BW Legal or the system employed at the car park has no way to measure a car purchasing another ticket without leaving. So my defence is quite simple. Its been so long I cannot recall if there was an overlaptop between the two tickets or if there was a gap. If there was then the amount owed is for that gap. I want to put it in but unsure if admitting I cannot recall if there was a gap weakens my defence.

IN THE COUNTY COURT

CLAIM No: xxxxxxxxxx

BETWEEN:

BW Legal (Claimant)

-and-

xxxxxxxxxxxx (Defendant)

________________________________________
DEFENCE
________________________________________

1. The claim being made states the defendant ‘Failed to make a valid payment’ when visiting the Plymouth Harbour MSCP car park on 21st September 2017.
2. The facts are that the vehicle, registration XXXX, of which the Defendant is the registered keeper, was parked in the Plymouth Harbout MSCP car park on 21st September 2017. A valid ticket was purchased when the car entered the car park and a second ticket was subsequently purchased for additional time. The car left the car park before the second ticket expired.
3. The Particulars of Claim state that the Defendant was the registered keeper and/or the driver of the vehicle. These assertions indicate that the Claimant has failed to identify a Cause of Action, and is simply offering a menu of choices. As such, the Claim fails to comply with Civil Procedure Rule 16.4, or with Civil Practice Direction 16, paras. 7.3 to 7.5. Further, the particulars of the claim do not meet the requirements of Practice Direction 16 7.5 as there is nothing which specifies how the terms were breached.
3. Due to the sparseness of the Particulars, it is unclear as to what legal basis the claim is brought, whether for breach of contract, contractual liability, or trespass. However, it is denied that the Defendant breached any contractual agreement with the Claimant, whether express, implied, or by conduct.
5. The Protection of Freedoms Act 2012, Schedule 4, at Section 4(5) states that the maximum sum that may be recovered from the keeper is the charge stated on the Notice to Keeper, in this case £100. The claim is for a total of £208.04 (plus £25 court fee) which appears to be an attempt at double recovery.
6. In summary, it is the Defendant's position that the claim discloses no cause of action, is without merit, and has no real prospect of success. Accordingly, the Court is invited to strike out the claim of its own initiative, using its case management powers pursuant to CPR 3.4.

I believe the facts contained in this Defence are true.

Cemesis

Anyone? I will be submitting later today.

Cemesis

So an update. I have a court date of 10th January and today I received a 55 page bundle of papers from BW legal including the whitelist of cars that purchased tickets during the day in question. I find it frustrating that they are only providing this now.

My registration is not on the white list and no registration even vaguely close to mine is on the list at the approximate time I bought either ticket.

This now leaves me in a difficult position as I did pay for two tickets but their data to the court shows that I did not. So either they are mistaken and their data is wrong, or they have deliberately removed my registration from the list, which is worse. But I cannot prove either as I don't have the tickets from 26 months ago and as the machines only take cash, there is no credit card statement to back me up.

Advice? I cannot see how this can go my way, even though at best they are incorrect and at worse they are tampering with evidence.

KeithP

Have you written a Witness Statement?

Have you gathered your evidence?

You had the same target date that the Claimant had to provide all documents you intend to rely on.

Cemesis

Yes I wrote a witness statement but how do I evidence that I bought tickets when it was 2 years ago and I paid cash? I threw the tickets away before I was ever sent anything from BW Legal.

This is my problem, they have supplied data which is wrong but I cannot prove it and this was only supplied as part of their evidence and they never said they had no record of my ticket at any point. I said that the issue will be that their system is not correctly processing the purchase of a second ticket and they didn't say anything, just kept saying I owed them money.

Now they are telling me they have no record of any ticket at all.

Cemesis

Can anyone suggest how I deal with false evidence submitted by BWLegal? I can see no way to prove it and assume it will go badly for me in court.

Le_Kirk

What is the false evidence? Burden of proof rest with the claimant not with you. In a small claims court the judge will probably decide on the balance of probabilities, which means does (s)he believe you or the PPC.

Cemesis

I described it above. The PPC has provided a list of all cars that purchased tickets on the day in question and mine is not on the list. I bought two tickets that day and none of the registrations are even close to mine.

I didn't imagine it so their list is wrong, either deliberately or not but how is a judge going to believe me?

Coupon-mad

Suggest that the list is only from one machine, if there is more than one machine at that site, or that the evidence is unreliable because it appears to be a word document created by the parking firm for the parking firm. It is not a direct machine data list and it probably doesn't identify the site/machine (or they just typed it at the top).

BW Legal are not the Claimant so I hope your defence didn't stay like that?

When you say you have written a WS, do you mean you've stayed up to date with what's been happening on this forum since August, have read CEC16's thread, have learnt abut how the CRA 2015 can help you and have created a WS about the story of what happened, and a supplementary WS about the added false £60, and a costs schedule and contents page, and have filed it with the court in a ring binder and sent a copy to BW Legal this week, too?

I hope you aren't just talking about your defence being filed & nothing else yet.