BW Letter of Claim - response help

BountyHunter

Removed draft defence to be replaced with new draft

BountyHunter

1.With regard to the Beavis case – is there anything else I need to add to the above?

I will add more detail in a skeleton argument if/when needed i.e this claim is for stopping outside a car park/ on an airport road, and not for overstay or not purchasing a ticket etc. For reference the current signs at Newcastle Airport are below (though I can’t confirm what they looked like in 2016).

https://www.youtube.com/watch?v=lRsRrx71fJo

2. Would any grace period argument be relevant outside of a car park (apologies if this is an obvious “no” just want to cover all bases). Having received a copy of the PCN via a SAR – based on the 2 images of the car supplied – the allegation is that the driver stopped for fifteen (15) seconds.

3. Have I included too much detail at this stage about signage and the photos in the PCN? – I found it difficult to make those points read like a legal statement.


Thanks

Redx

remove the word STATEMENT above 1) , its just DEFENCE, one single word only

there was no parking , its all forbidding and airports are not relevant land so no keeper liability under POFA , especially on roads where a TRO should apply to the general public

the driver may have "stopped" but the driver "did not park in any accepted sense of the word" and no parking contract was being offered, its all prohibition and forbidding

the BEAVIS case was nothing like this, this is a penalty so you would assume that the penalty rule is engaged and the claimant has no standing to bring any claim


and advanced edit post #1 and change it to COURT CLAIM - UKPPO or something similar

Coupon-mad

Please send a pm to all the other current (VERY RECENT THREADS) 'UKPPO Newcastle Airport claim' forum posters and get together so we only have to look at one defence for you all to use.

As I've already asked them to do! You will get moral support and we won't have to look at ten different defences, when your case are all exactly the same.

You can find them yourself by searching the forum for UKPPO Newcastle claim

Chrisandan

Hi,
I too received a claim form from BW Legal dated 15 February 2019 for the same contravention on 16/01/2018 and have just read all the threads. It seems our numbers are on the increase, I dont know if this is good or bad. I am new to this site, and am struggling a bit to find some threads, but I think your Defence statement looks very professional and any help would be appreciated, as I have never received court papers in my life.

KeithP

Chrisandan wrote: »

Hi,
I too received a claim form from BW Legal...

Hi and welcome.

If you would like help with your issue you are best advised to start a new thread.

Trying to deal with the problems of two people in one thread can only lead to confusion.

Thanks for your understanding.

Armitch

I too have the same issue and have started my own thread I've sent PMs to a few people in the same predicament but only bounty Hunter has been in touch it would be useful for us to get heads together and all have same defence rather than all of us asking for help drafting a defence

Coupon-mad

Make a list of all the names, bookmark the threads to follow them all, there are about ten of you here, and let's see a draft defence specific to Newcastle Airport, from just ONE of you. Takes some research, search the forum to learn about the site & set up.

This is typical of a batch of robo-claims going out and is good, as we know they will have checked nothing at all about your cases.

Imagine how many claims went out that week, probably HUNDREDS. Some idiots will have paid. The good thing is, you came here.

You need to all individually check if your PCNs were called PENALTY or PARKING charges (UKPPO chopped and changed in recent years) and whether the date was when they were in the BPA, or after they hopped to the IPC, as you will need to cite the correct Code of Practice for your cases.

And if any of you appealed ad blabbed about who was driving, that's NOT so good, and will mean a slightly different defence.

Apart from that, one defence please, on one of your threads.

All make sure you do your AOS in time!

Armitch

Will do my AOS went in last week
Should I ask them for a copy of the original charge I ignored all correspondence until the claim letter came

KeithP

Armitch wrote: »

Should I ask them for a copy of the original charge I ignored all correspondence until the claim letter came

Send a Subject Access Request to the PPC's Date Protection Officer - as described in post #2 of the NEWBIES FAQ sticky thread.