Britannia POPLA appeal

Le_Kirk

1. No but sometimes it is seen as BWL having the perception of a weak case if they make offers.
2. You cannot submit a new or modified defence (unless you make an application to the court and pay a fee - £100 I believe). You might be able to write a cleverly worded Witness Statement (WS) that will cover your additional argument.
3. You COULD ask for it to be heard "on papers" that is without having to attend. If you do this, you are almost certainly handing victory to the PPC if they attend. There were two cases a couple of weeks ago when posters didn't attend and lost and were awarded quite high costs against. Advice is to not tick the heard on papers box but with the knowledge that you could inform the court nearer the time that you won't be attending. You would need a SOLID defence and WS.

dj100

Thanks Kirk. A few follow up questions if you don't mind

1. If i go for the option to attend and then don't nearer the time how does that help vs informing the court upfront? e.g BWL may not turn up either to avoid the risk of extra costs
2. Do you think my additional argument is likely to be looked at favourably by the court if I manage to carve it in a WS or in person at court?
3. Do you think only in the car park for c.15 minutes based on entry / exit and there is no picture of the car physically parking in a space carries any weight?
4. My main problem is getting time off work, which is very difficult for me so if there was an option to agree paying the original fine I would probably accept - is that something worth trying to negotiate with BWL now if that is my situation?

Coupon-mad

Really not recommended and it would be your choice to go off piste. Can't warn you strongly enough - take a half day off work and be heard! Be seen to be the only true witness, given that BW Legal will write the WS and then the person who wrote/signed it (who has never been to the car park) won't turn up, as they will send a legal rep.

You need to be that person in the room who has been there and is the true witness.

1. If i go for the option to attend and then don't nearer the time how does that help vs informing the court upfront? e.g BWL may not turn up either to avoid the risk of extra costs

You are best not letting on yet, and making BW Legal think you are going. You can write to the Judge & claimant a fortnight before to absent yourself, if you MUST, due to work.

But it is usually over between 10 minutes, and two hours, so it's half a day and local to you, like taking a dentist appointment off.

2. Do you think my additional argument is likely to be looked at favourably by the court if I manage to carve it in a WS or in person at court?

3. Do you think only in the car park for c.15 minutes based on entry / exit and there is no picture of the car physically parking in a space carries any weight?

Is there a case if you are not there long and there is no picture of you physically parking?

Yes, and you can work that into a WS and use this case to show that driving round and in/out is not parking:

http://notomob.co.uk/discussions/index.php?topic=3332.0

CS018 here has the actual court transcript findings by that Judge:

http://www.parking-prankster.com/case-law.html

4. My main problem is getting time off work, which is very difficult for me so if there was an option to agree paying the original fine I would probably accept - is that something worth trying to negotiate with BWL now if that is my situation?

No chance and it reveals you as a wobbler who might not turn up. DO NOT TRY.

dj100

thanks - very helpful - particularly the transcript. I assume there is advice on this website on how to represent yourself / prepare a witness statement? Based on that transcript it seems some of the arguments were raised prior whereas I will raise for the first time the length of time / lack of evidence that I parked on the day / just in advance via a witness statement.

And I guess I will continue the fight though I must admit it has been a lot longer / more effort than I thought!

Coupon-mad

I assume there is advice on this website on how to represent yourself / prepare a witness statement?

Certainly, where all the Court Procedure advice is, in the NEWBIES thread.

We have example WS and tips on evidence to submit with it.