BW Legal - Court Claim Help!

KeithP

Sydney9 wrote: »

The deadline to pay the trial fee was last week. I will call the court tomorrow to confirm if this has been done by the [STRIKE]appellants[/STRIKE]Claimant.

Close. .

Coupon-mad

The greengrocer's apostrophe needs removing from 'takes' in #4.

This needs to be a standalone point so remove it from where you buried it in#11 and move it right up to be a new #7 where it makes more sense to follow the point about the signs, and then renumber the ones below it:

The sign also lists 4 numbered terms and conditions (please see exhibit []) which are clearly set out however none of them are failure to pay & display. Below this are further terms and conditions which are illegible to read unless zoomed in or with very close look.

Sydney9

Thank you coupon-mad. I will amend the WS as you suggested.

Should I be including cases in my WS? If so, what cases shall i include. If you guys suggest search terms then I will search the forum and have a read of similar cases. I tried this myself but was not successful.

Also, do I need to talk about keeper liability?

Do you think its wise for me to reveal who the driver was? I saw an advice given by Coupon Mad to someone that this makes it easier to argue in court. (You don't have to lie).

Coupon-mad

You should not hide yourself as driver as your defence hinges partly on you being a registered dance class group member who believed you had done what was needed to be an authorised visitor to claim the 6 hours free.

So nothing about 'keeper liability' applies in your case. Much more straightforward.

Should I be including cases in my WS? If so, what cases shall i include.

A copy printed out of the BEAVIS case sign as a comparison:

http://2.bp.blogspot.com/-eYdphoIIDgE/VpbCpfSTaiI/AAAAAAAAE10/5uFjL528DgU/s1600/Parking%2Bsign_001.jpg

You need to show how every different the ambiguous and unclear terms are on your case signage by Parking Charge Ltd, when compared to the 'prominent' and 'very brief & clear with large lettering for the parking charge sum' sign as the Supreme Court saw, in Beavis.

This sentence below niggles me as it looks like you knew about the tariff so I would completely remove it - you had no idea (and your next point covers the £1 anyway):

On this particular day, the vehicle was parked for 3 hours for which the cost is merely £1 – A reduced rate for weekends.

Sydney9

Amended W/S

I, ****************** of **************, *********, ***********, **** *** am the defendant in this case. Attached to this statement is my evidence and other information marked AB to which I will refer to.

1. The facts in this statement come from my personal knowledge. Where they are not within my own knowledge there are true to the best of my information and belief

2. I am not liable to the Claimant for the sum claimed, or any amount at all and this is my Witness Statement in support of my defence as already filed.

3. I assert that I am the registered keeper of the vehicle in question in this case. There was no requirement upon me as keeper to respond to what appeared to be junk mail, no adverse inference can be drawn from my lawful decision to ignore the colourful letter, impersonating a parking ticket yet with no basis in law.

4. On 15 April 2018, I attended a dance class in Redbridge Leisure Centre in preparation for a Dance Show that was due to take place on 29 April 2018. Please see exhibit AB1. The dance classes usually takes place every Tuesday at the Redbridge Leisure Centre. Please see exhibit AB2.

5. The Leisure Centre is made up of two very large building: Norman Booth Building and Jean Brown Indoor Arena. There are over 400 car parking space according to their website. I have used the Leisure Centre for this dance class three times prior to this incident and have my parked my vehicle without paying for any parking.

6. The tariff of £1 was not paid because there were no clear indications to suggest that payment must be made. The vehicle was parked in a large area of land and there were no signs directing people to pay nor were there any visible signs to read.

7. The sign also lists 4 numbered terms and conditions (please see exhibit []) which are clearly set out however none of them are failure to pay & display. Below this are further terms and conditions which are illegible to read unless zoomed in or with very close look.

8. The paragraph numbers stated below (Re#) relate to a letter I received from the Claimants solicitors on the <DATE> shortly after my Defence was submitted. Find attached to this bundle labelled <INITIALS_NO>. It is added that this appears to be more scaremongering by the Claimant's solicitors in an attempt to get me to pay the charge.

9. Re#3 – The claimant solicitors state that the signage erected at the car park contained the following terms and conditions: Pay & Permit Parking Only. Please note this land is privately owned and enforcement is in operation 24 hours. It is submitted that, at the material time, the car park was significantly was dark and there were no obvious and well-lit signage from the drivers’ point of view. This specific signage the claimant’s refer to is situated on the left-hand side of the entrance to the centre and is not easily visible to a driver.

10. Re#4 -The Claimant's solicitors state that their client has legitimate commercial interest and sufficient standing to issue PCN and bring proceedings in its own name. It is submitted that no copy of the Land Registration has ever been provided in any correspondence from the Claimant or their Solicitors. This was requested at paragraph 16 of my defence. Please see exhibit [], page []. Therefore, their statement above still lacks proof.

11. Re#5 -The Claimant asserts that: “The signs are prominent, and the T&C's are clearly displayed, and that the motorist would have had the opportunity to read and understand them on parking at the car park.”

12. The sign states that members can receive up to 6 hours free parking per visit by completing a registering process. The sign does not define ‘members’ nor does it not provide further details about the registration process. It merely refers people to see the reception for more details.

13. I believed the dance class was the registration process needed, given the fact that, I never had a PCN when parking there before. I had no reason to think the free time would not also relate to my parking on a Sunday for the dance class I were registered for. As a regular user of the site I would never have had cause to seek out hidden new terms on signs that I believed granted me a 6-hour parking licence as a registered dance class attendee.

14. In any case, it should be noted that, I personally have been a driver for nearly 6 years. I have experience driving in London and are aware of the heightened parking restrictions on Private Land. It is not of my character to hastily park my car and risk the chance of being fined £100 if the mere price to park was £1. I would have paid the parking fee of £1 had I known that the cark park had parking rules and had I seen the signs asking me to pay.

15. In light of this, the Court is invited to dismiss the claim and to award my costs of dealing with this claim and attendance at the hearing.


Statement of Truth

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

Signature
Date

Coupon-mad

I would just remove this as it simply re-states their case (not helpful for you):

11. Re#5 -The Claimant asserts that: “The signs are prominent, and the T&C's are clearly displayed, and that the motorist would have had the opportunity to read and understand them on parking at the car park.”

Sydney9

Thank you once again Coupon Mad.

I got an email from BW Legal today with their witness statement. It is 53 pages in total. I will upload this once I get home fo you guys to see.

beamerguy

Sydney9 wrote: »

Thank you once again Coupon Mad.

I got an email from BW Legal today with their witness statement. It is 53 pages in total. I will upload this once I get home fo you guys to see.

53 pages in total ??????? What is this, a murder trial that's going on

I guess most of it will be the usual copy and paste rubbish they waste their time with.

Costly business for BWLegal trying to prove to scammers they are good .......

Coupon-mad

Sydney9 wrote: »

Thank you once again Coupon Mad.

I got an email from BW Legal today with their witness statement. It is 53 pages in total. I will upload this once I get home fo you guys to see.

Just in time for you to tear apart their WS and evidence in yours!

Sydney9

I have uploaded their witness statement here.

https://www.dropbox.com/s/uw60qq195puwmjb/New%20Doc%202019-05-04%2009.39.48.pdf?dl=0