County Court Claim - Defence - BW Legal

beamerguy

triggahappyhaza said:

KeithP said:

Mediation is never suitable for these parking cases.

Mediation can be useful if there is a dispute over exactly how much is owed.

For example, if you have had some work done at home and the tradesman presents a bill higher than that expected, maybe there is scope for finding the middle ground. E.g. was the extra work he did worth some of the extra money claimed?

In parking cases, the victim of course wants to pay nothing. Conversely, the parking company wants every penny they can get. There is no scope for mediation.

But you have already read that in the guidance notes.

Refusing mediation will not count against you.

Is there a good chance of winning when it goes to court? I know they send a lot of letters and these court cases out. 

Mediation or heard on papers is a sure way to lose .... don't do it.

WILL YOU WIN ?   High chance, BWLegal are not the most professional of legals and tend to rely on rubbish

Coupon-mad

We have a 99% win-rate here, so yes, of course you have a high chance of winning or seeing it discontinued before the hearing.

BUT NOT IF YOU AGREE TO MEDIATION.  Guess what?  That's when victims end up paying due to phone bullying by the Mediator, trying to get you to settle for 3 figures.  NONONO.  STOP! 

You want the 100% discount this forum offers and almost always achieves!  You really need to read the NEWBIES thread, it's been edited loads of times since 2018 and you need to remind yourself about what happens when and why not to do Mediation.

A 2 year gap is something of a record. 

Very unfair on you I must say, but carry on and read the NEWBIES THREAD 2ND POST.


Please please please can you and your wife, and any relatives who you can rope in as well, separately give your submissions to try to change things?  The Government are listening THIS MONTH so this is your chance.

Please now make a real difference - A TASK FOR SEPTEMBER.

The Government is (this month only) consulting about a new statutory code of practice (CoP) and framework to rein in the rogue parking firms.  Read and comment on the draft CoP proposal and the enforcement framework consultation, and get everyone you know to do the same.

You will need to register to comment on the CoP and enter an occupation even if you are retired or a homemaker, but otherwise it is easy to navigate, and comment upon each section/subsection individually. You can save comments to edit later and or submit comments once you are happy with them.

https://standardsdevelopment.bsigroup.com/projects/2020-00193#/section

You do not need to register to comment on the enforcement framework which can be found here. It has a link on page 5 to make comments.

https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/913272/Code_Enforcement_Framework_consultation.pdf

At the very least, we say the parking charge level should be £50/£25 or higher level £70/£35, as per Council PCNs in E&W.  

And we say the added fake 'debt recovery' costs are just double counting the cost of letters, and MUST GO because that is unfair and illegal.

Please be heard.  You can bet the hundreds of PPCs will be commenting.

No apologies for repeating this vital 'call for action' to consumers, on every thread this month!

triggahappyhaza

Coupon-mad said:

We have a 99% win-rate here, so yes, of course you have a high chance of winning or seeing it discontinued before the hearing.

BUT NOT IF YOU AGREE TO MEDIATION.  Guess what?  That's when victims end up paying due to phone bullying by the Mediator, trying to get you to settle for 3 figures.  NONONO.  STOP! 

You want the 100% discount this forum offers and almost always achieves!  You really need to read the NEWBIES thread, it's been edited loads of times since 2018 and you need to remind yourself about what happens when and why not to do Mediation.

A 2 year gap is something of a record. 

Very unfair on you I must say, but carry on and read the NEWBIES THREAD 2ND POST.


Please please please can you and your wife, and any relatives who you can rope in as well, separately give your submissions to try to change things?  The Government are listening THIS MONTH so this is your chance.

Please now make a real difference - A TASK FOR SEPTEMBER.

The Government is (this month only) consulting about a new statutory code of practice (CoP) and framework to rein in the rogue parking firms.  Read and comment on the draft CoP proposal and the enforcement framework consultation, and get everyone you know to do the same.

You will need to register to comment on the CoP and enter an occupation even if you are retired or a homemaker, but otherwise it is easy to navigate, and comment upon each section/subsection individually. You can save comments to edit later and or submit comments once you are happy with them.

https://standardsdevelopment.bsigroup.com/projects/2020-00193#/section

You do not need to register to comment on the enforcement framework which can be found here. It has a link on page 5 to make comments.

https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/913272/Code_Enforcement_Framework_consultation.pdf

At the very least, we say the parking charge level should be £50/£25 or higher level £70/£35, as per Council PCNs in E&W.  

And we say the added fake 'debt recovery' costs are just double counting the cost of letters, and MUST GO because that is unfair and illegal.

Please be heard.  You can bet the hundreds of PPCs will be commenting.

No apologies for repeating this vital 'call for action' to consumers, on every thread this month!

Thank you, that puts my mind at ease. I'll definitely be commenting on that shortly.
As for evidence if it gets to court, would they take Google streetview images as evidence? Because the signs were put up during the day so she was already parked there when the signs were put up. So I can't provide picture proof of the signs not being there at the time. But I can see on streetview they weren't there when the pictures were taken a few months before. The only sign I can see is a parking sign that had fallen off its post.

KeithP

triggahappyhaza said:

As for evidence if it gets to court, would they take Google streetview images as evidence? Because the signs were put up during the day so she was already parked there when the signs were put up. So I can't provide picture proof of the signs not being there at the time. But I can see on streetview they weren't there when the pictures were taken a few months before. The only sign I can see is a parking sign that had fallen off its post.

That is good evidence.

Yes, GSV images are very acceptable - you will have seen the date of the image in the bottom right hand corner.

triggahappyhaza

KeithP said:

triggahappyhaza said:

As for evidence if it gets to court, would they take Google streetview images as evidence? Because the signs were put up during the day so she was already parked there when the signs were put up. So I can't provide picture proof of the signs not being there at the time. But I can see on streetview they weren't there when the pictures were taken a few months before. The only sign I can see is a parking sign that had fallen off its post.

That is good evidence.

Yes, GSV images are very acceptable - you will have seen the date of the image in the bottom right hand corner.

So the image I found was actually a few years earlier and showed no signs at all. I've gone through approximately 700 images on google around that location and can see no parking signs at all. It's a well-visited and photographed area for dog walkers and explorers due to the abandoned asylum nearby.

My question is, can I get definite proof that those signs weren't there? Be it requesting it from the parking company or any other way? I want to make sure I have every bit of proof for if this gets to court.

I've also had BW Legal's DQ through the post. It states they have no witnesses, could this work in our favour?

Le_Kirk

My question is, can I get definite proof that those signs weren't there? Be it requesting it from the parking company or any other way? I want to make sure I have every bit of proof for if this gets to court.

Of course the parking company are going to support your case and shoot themselves in the foot by providing photographs showing there were no signs!

nosferatu1001

Get photos from before and after the date. If there are no signs at both points, on BoP there were no signs at teh mateiral time. The C woul dhave to provide proof that they put up signs in between, and you would have the obvious question of so why did you then take them down?

triggahappyhaza

Le_Kirk said:

My question is, can I get definite proof that those signs weren't there? Be it requesting it from the parking company or any other way? I want to make sure I have every bit of proof for if this gets to court.

Of course the parking company are going to support your case and shoot themselves in the foot by providing photographs showing there were no signs!

Apologies, I probably didn't word that right. Was just wondering if they put dates etc on signs or if its something they're required to provide.

nosferatu1001 said:

Get photos from before and after the date. If there are no signs at both points, on BoP there were no signs at teh mateiral time. The C woul dhave to provide proof that they put up signs in between, and you would have the obvious question of so why did you then take them down?

Perfect, I'll do just that. I have some photos from a year or so before. The signs are still there now, as they put them up and ticketed 20 or so cars on the same day they put the signs up. 

Coupon-mad

I've also had BW Legal's DQ through the post. It states they have no witnesses, could this work in our favour?

They mean only a wheeled-in legal rep will attend the hearing (not a witness from the parking firm).  This does work in your favour in that you are the only true witness in court and your evidence should carry more weight, and the Judge will listen to you.

Bilbo_Baz

Try looking on Goggle Street View and see if signs where there at the time and date goggle recorded they go into private car parks you may be lucky