AOS completed, defense required

TPSTwats

Thanks everyone but i am a bit lost. The defense i used was a standard one and as stated, I do not know exactly how long ago or where the actual PCN originated from so i am going to have difficulty building any supporting evidence.

I have emailed BW Legal several times asking for the original PCN but nothing has been produced. I don't want to use a cut/paste of a generic WS and throw away a good chance of winning the case.

TPSTwats

I have found a WS, would this be a start in the right direction? I understand that i need to print and ready a folder with evidence (however not sure how i can provide any as they are not giving me the original PCN).

Thank you for your help.
Happy 2019!

1. I am X, Y, the Defendant in this matter. I will say as follows:

2. On X, I parked my vehicle registration no. xxxxxx in the car park.

3. I arrived at the car park in the hours of darkness and the signs were difficult to read as they are not lit. The signs were difficult to read in this situation and it did not help that the print was small.

4. The signs at xxx do not conform to the requirements of schedule 1 of the IPC Code of Practise, as follows:

a. There are no entrance signs at Liberty Rise as requested in Part E Schedule 1 of the IPC Code of Practise (see Exhibit A).
b. The signs are not all illuminated as requested in Part E Schedule 1 of the IPC Code of Practise (Exhibit .
c. PCM (UK) Limited have no identified themselves as ‘the creditor’ (Part E Schedule 1 of the IPC Code of Practise (Exhibit .

5. The terms of the sign are also unfair and a disguised penalty. As stated in the Unfair Terms I Consumer Contracts Regulations 1999:

a. ''5.(1) A contractual term which has not been individually negotiated shall be regarded as unfair if, contrary to the requirement of good faith, it causes a significant imbalance in the parties' rights and obligations arising under the contract, to the detriment of the consumer.
b. (2) A term shall always be regarded as not having been individually negotiated where it has been drafted in advance and the consumer has therefore not been able to influence the substance of the term.''

6. Since receiving the penalty charge notice The Claimant has not supplied further and better particulars, even though I have requested these on multiple occasions.

7. The BW Legal Solicitors Limited’s FAQ’s which was sent to me in my reply for further and better particulars did not fulfil any of my requests and was a shameful attempt to do so. They in no way answered any queries I had and this should have been obvious to The Claimant.

10. The Claimant has not notified me whether I am being pursued as the driver or the keeper of the vehicle.

11. I feel that I have not been made fully aware of what I need to defend. I am concerned that the vague automatically generated claims are disproportionate to the time the court needs to spend on such matters and believe the court should use its management powers under CPR 3.3 so as to remove the burden of such template time-consuming claims from the court systems.

12. The Claimant has sent threatening and misleading demands which stated that further debt recovery action and costs would be taken to recover what is owed by passing the debt to a recovery agent. These letters suggested to me that a County Court Judgement would apply if matters were taken to court and that this could affect my ability to obtain credit, pressuring me into paying something I believe is unjust.

13. The Court is invited to dismiss the claim and to award my costs of dealing with this claim and attendance at the hearing, such as is allowable pursuant to CPR 27.14.

Statement of Truth

I believe that the facts stated in this Witness Statement are true.

Redx

TPSTwats wrote: »

I have emailed BW Legal several times asking for the original PCN but nothing has been produced.

and I told you to send TPS a SAR under the GDPR 2018 , SO GET IT DONE ASAP and if they fail to respond, complain about it in your WS and also provide the proof to the judge about this lack of clarity plus the lack of replies to a SAR by B W LEGAL and by TPS too

if TPS fail to deliver on the SAR, report them to the ICO

TPSTwats

Sorry man, must have missed this. Could you explain what SAR is again? I did try googling it and searching for it.

Redx

try post #5 of the NEWBIES FAQ sticky thread, your goto thread for the basics

and google SAR GDPR to see what its all about

and use the forum drop down search box and use GDPR 2018 FIGHTBACK to see the Coupon_mad thread that she posted some 7 MONTHS AGO about it too , so you could not have googled or searched on here very much in the 7 minutes between my reply above and yours

dont just stay on your own thread, and get proactive, not reactive

you have had 7 months to send TPS this SAR to get what you required , all their data, especially once the court claim was received

Redx

TPSTwats wrote: »

I understand that i need to print and ready a folder with evidence (however not sure how i can provide any as they are not giving me the original PCN).

the claimant should provide YOU with a copy of the WS and their evidence, like the NTK etc. if you have had the paperwork from your local court, you would know this because they set a deadline for the WS and evidence to be served on each other, perhaps 2 weeks before the court hearing at your local court

ie:- it works both ways

by you doing the SAR , you get to see it and any other data within 30 days, or you report TPS to the ICO for a GDPR breach

this is why we recommend that people do the free SAR to their DPO, which you will see in dozens of other court claim threads and the Coupon_mad FIGHTBACK thread

this means you wont be waiting until the last minute to see their evidence, including the PCN or NTK etc

this is all common sense, using the law that is on YOUR SIDE against these par@sites , namely the GDPR

TPSTwats

Ok, yes, I did miss that.

I have just completed the provided template and requested SAR from BW legal and TPS.

With regards.

TPSTwats

Thanks, that makes a little more sense. The last letter i had was the allocation of the court, so from your text, i need to wait until the court responds providing their WS and the PCN. I have in the mean time, prepared a draft WS and asked for SAR.

Redx

your local court should send you paperwork that tells you when to file your WS and evidence to the court and to the claimant , plus gives you the deadline date for this, plus your court hearing date

the BARGEPOLE walkthrough tells you all this

if you havent been sent this, then you are too early to be complaining about a lack of evidence, but it is in your power to obtain it through the SAR to the DPO at TPS

so my point was that you are complaining about a lack of paperwork, which an SAR should resolve and is your right under the GDPR

plus the claimant should serve you with their WS and evidence, at which point you should get the NTK etc anyway, but the SAR pre-empts it and gives you what you are currently lacking and saves you waiting weeks or months for it

TRNC

4. The signs at xxx do not conform to the requirements of schedule 1 of the IPC Code of Practise, as follows:

a. There are no entrance signs at Liberty Rise as requested in Part E Schedule 1 of the IPC Code of Practise (see Exhibit A).
b. The signs are not all illuminated as requested in Part E Schedule 1 of the IPC Code of Practise (Exhibit .
c. PCM (UK) Limited have no identified themselves as ‘the creditor’ (Part E Schedule 1 of the IPC Code of Practise (Exhibit .

You need to remove all mention of Liberty Rise unless you parked at the same place as me! I assume you have checked that they are a member of IPC and not BPA? The list I put here is not everything so there may be more things they to not conform too.

7. The BW Legal Solicitors Limited’s FAQ’s which was sent to me in my reply for further and better particulars did not fulfil any of my requests and was a shameful attempt to do so. They in no way answered any queries I had and this should have been obvious to The Claimant.

Have they actually done this? If so you will need to show it in the evidence, this is something that Gladstone regularly do, not sure about BW Legal.

But as Redx has said, he really need to get the details of the PCN so you can start to put together some evidence!