Claim Form Originating from bwlegal and Britannia parking

avem1

Finally have the Notice of Allocation which gives a court date in May.
However on this form it says that the claim is listed for a conciliation appointment (15 mins) which is only 2 weeks after the form came through.
It goes on to say that if either party fails to attend the conciliation appointment judegment may be given against that party or the claim struck out.
In the boxed notes below this it states:
If you cannot, or choose not to attend the hearing, you must write and tell the court at least 7 days before the date of the hearing etc etc....does this refer to the may claim being heard or the conciliation?

I've not not seen anything on the forums about this conciliation appointment. I'd be grateful for any advice on this.

I'm due to be abroad on business on the date of the conciliation appointment and it would be very difficult for me to change this trip at such short notice.

Many thanks

(thread title updated to reflect notice of allocation)

Coupon-mad

Reply - copy in Britannia - and say you will be abroad (attach PROOF) and are happy to do the conciliation appointment by phone or Skype, but that with parking scams there is never common ground and there is no 'debt' to discuss. So whilst you will do whatever the Judge requires because you are a reasonable and honest person currently fighting a typical parking firm injustice, the purpose of the appointment is unclear in this context.

avem1

Thanks Coupon

It says "at this appointment the District Judge will explore with the parties whether the case is capable of agreement or whether the issues between the parties can be narrowed."

Have you seen this before? I was thinking of contacting the court to see if I could get the date changed, otherwise i'll look to do what you said.

Coupon-mad

Yes, on occasions there are short 'preliminary hearings' but not often.

Maybe that Judge is a biased one at Bournemouth, who has been (allegedly) got at by Devere and friends and is deluded enough to think parking defences are hopeless, due to the Beavis case and that 'rogue parkers' need a slap.

I hope I am wrong!

At least you will get the chance to 'narrow the issues' as regards standing/landowner contract. Maybe that's what the Judge wants to check...maybe it's a better Judge than I am giving them credit for.

First of all, prove you will be abroad and ask for another date or a skype prelim hearing.

avem1

And this continues.....

Wrote to court to say unable to make conciliation hearing and gave numerous alternative dates available and just got formal letter back to say conciliation hearing had been vacated and it basically just moves on to court in May.
Just in process of compiling my witness statement etc. I have received WS from BWLegal which has led me to ask some advice now.
Earlier on this thread we had looked at who the claimant was "Britannia Parking Limited" vs who was on the 2 versions of "Letter of Authority" they sent me over the years.
The first 'letter of authority' was dated 13 jan 2016, the second dated 5 mar 2018 (sent in response to my GPDR request), and the date the ticket was issued being 4th qtr 2016.
The one they are using in their WS is the 13 jan 2016 version which has already been rubbished on this forum as not being authority and also highlighted discrepancies in the registered business numbers and who was in administration etc at the time.

In their WS in response to my defence of there being no legal standing they write:

"The claimant provides, manages and enforces private parking at the Car Park. As per the Letter of Authority and has been granted a non-exclusive licence by the landowner and the claimant of the car park to occupy the car park and provide a parking control service to enforce the terms of the car park.

Pursuant to the letter of authority, the claimant possesses the legal right to bring this claim against the defendant. I am instructed that, as per paragraph 4 of the letter of authority, the claimant remains in occupation at the car park."

1. can they at the court or (file prior), say it was a clerical error for the name of claimant not being the exact same one on the letter of authority? (this company have numerous similar versions of their name over the years).
2. If they can do #1, can you advise me how I can dispute their claim that the letter gives them authority to pursue this case?

many thanks

Coupon-mad

Their rep will probably try to argue that on the day when you state it. They would argue the moon is made of cheese if they thought it would win them the case.

And you can counter it and show they are two different legal entities, which is evidence you must file and serve with your WS.

avem1

Just been reading ScutterRounds forum who has used same car park as I and has the BWlegal/Britannia combo too.

I also received a without prejudice (reduced) settlement offer from BWLegal. Top tips about how that can be produced in court if looking at costs.

MothballsWallet

From that same (or another) thread, I'd say ignore the offer - do our resident experts agree or disagree with that sentiment? (Please feel free to berate me if I'm wrong.)

And does your letter say "Without Prejudice Save As To Costs" on it?

If it does, then you can't produce it in court unless the judge is willing to discuss costs - but it also means, that BW Legal can't produce it in court either for the same reasons.

avem1

yes exactly as you say mothballs and same as ScutterRounds. The deadline to accept has already passed.
I would not have paid them anything anyway. Very ready for my day in court and I will be claiming max expenses.

avem1

In the link below is my submitted defence followed by the BWlegal Witness Statement and after that some of the earlier correspondence which was in their WS too.

https://drive.google.com/file/d/1sAU-txIKcZT7dhGOiRMSzZingHiZHVZ6/view?usp=sharing

Also included is a youtube video of the drive we did off the main road and in to the car park and to the bay adjacent to the one I originally parked in (the white vehicle is parked there in the film). As I park you can just make out the blue sign I've mentioned which refers to the disabled parking bays.

https://youtu.be/uE4yZmGhhoc

Did you see the sign at the 'entrance' to the car park which the claimants seem to consider tells you its a pay and display and has their T's and C's on?.........no, me neither. You might catch a glimpse of a sign to the left of the pavement @ 27 seconds. Good luck trying to read it, even more so if its on one of the busiest shopping days of the year and that pavement is full of pedestrians and theres cars everywhere!!

I'd be very grateful for any comments on dismantling the BWLegal WS, in particular:
1.Where they seem to think they have landowner authority to bring a claim (although it all looks like copy and paste job)
2. the quoted cases mentioned.

these can be found at paras 24, 52, 64, 65, 73, plus anything else you legal and learned friends can pull apart.

Although the court date is not until late may, my WS has to be in this coming week. I'll put my draft up here soon along with more colour pics etc.

Its very modern of BWLegal to refer to me as a he and a she, but I'm quite happy sticking to my one gender!

Many thanks in advance