BW Legal "Letter Of Claim" Received

Coupon-mad

Do you need to include copies of all the legal documents referenced in the defence as evidence with the witness statement? If so, is this just the relevant paragraphs?

Depends what the evidence is:

- another county court case needs to be the whole transcript, found in the Parking Prankster's case law.

- the Beavis case doesn't need to be provided at all as it's Supreme Court level and well known and accessible for a Judge (unless you want to cite some paragraphs in your favour from the Supreme Court Judges, e.g. the things they said about signs needing to be very prominent, prolific and with the parking charge in large letters, or the things they said about a case with a 'concealed pitfall or trap' not being recoverable).

[Deleted User]

When you collate the hearing bundle, you can have a separate tab marked "authorities" with the salient cases. No need for multiple exhibits to be appended to a statement just to attach the law. Statements deal primarily with the facts - your personal story, not legal argument (a point generally lost on PPCs who never seem to adduce first person evidence, but generic guff...)

GeoStar1

I know you have advised I leave it late before sharing my witness statement in the hope the claimant WS is available too, but I would really appreciate some feedback on my early draft and my witness (landowner rep) draft statement too please. This will allow me time to make any required changes that may arise. Deadline for sharing docs is 21st August 4pm.

My witness statement:

In the County Court at Southampton
Claim No. XXXXXXX
Between
Countrywide Parking Management Limited (Claimant)
and
XXXXXXX (Defendant)

---

1st Witness Statement
XXXXXXXX

---

1. I am <My name>, of <My address>, the Defendant in this matter and deny liability for the entirety of the claim. I will say as follows:

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

3. I assert that I am the registered keeper and driver of the vehicle in question that parked at the private land in question, but I was not aware that I was entering into a contract when parking on the land in question on <date of contravention>.

4. I received a PCN (Parking Charge Notice) <PCN No.> on <Date of PCN received in post> nearly two months after the alleged contravention. The Claimant asserts that I entered into a contract with it, that I breached that contract and must pay a contractual charge, with further undefined and unexplained additional charges. It claims that I was in the relevant car park for 39 minutes.

5. The only evidence provided by Countrywide Parking Management in the PCN that I breached a contract are two ANPR images showing my vehicle in transit with one in complete darkness, please see Exhibit reference IR/01 page 1. I had no idea about any ANPR surveillance at the private land in question.

6. In returning to the land after receiving the PCN I noticed that the parking signs stated a charge of £100, please see Exhibit reference IR/02 page 1. In addition to this PCN sum, for which any liability is denied, the Claimants have artificially inflated the value of this claim by adding ‘initial legal costs’ of £60, please see Exhibit reference IR/03 page 1.

7. In the Particulars there is also a second add-on for purported ‘legal representative costs’ of £50 on top of the vague £60, artificially hiking the total sum to £248.68. This is well in excess of ‘double recovery’.

8. Judges have disallowed all added parking firm ‘costs’ in County courts up and down the Country. In Claim number F0DP163T on 11th July 2019, District Judge Taylor sitting at the County Court at Southampton, struck out a similarly inflated (over the £100 maximum Trade Body and POFA 2012 ceiling) parking firm claim without a hearing, please see Exhibit reference IR/04 page 1.

9. In claim number F0DP201T on 10th June 2019, District Judge Taylor echoed an earlier General Judgement of Order of DJ Grand, who on 21st February 2019 sitting at the Newport (IOW) County Court, had struck out a parking firm claim, please see Exhibit reference IR/04 page 2. One was a BPA member serial claimant (Britannia, using BW Legals robo-claim model) and one an IPC member serial claimant (UKCPM, using Gladstones’ robo-claim model) where the abuse is inherent in the business model. The order was identical in striking out all such claims without a hearing. The judgement for these example cases stated:

“IT IS ORDERED THAT the claim is struck out as an abuse of process. The claim contains a substantial charge additional to the parking charge which it is alleged the Defendant contracted to pay. This additional charge is not recoverable under the Protections of Freedom Act 2012, Schedule 4 nor with reference to the judgement in ParkingEye v Beavis. It is an Abuse of process from the Claimant to issue a knowingly inflated claim for an additional sum which it is not entitled to recover. This order has been made by the court of its own initiative without a hearing pursuant to CPR Rule 3.3(4) of the Civil Procedure Rules 1998..”

10. At appeal to Countrywide Parking Management on 7th June 2018 I asked the Claimant to provide a copy of the contract to understand the cause of action and on what basis they purport to hold me liable but the Claimant refused to provide this information to me and the appeal was unsuccessful, please see Exhibit reference IR/05 pages 1-2.

11. In summary, the Claimants particulars disclose no legal basis for the sum claimed and it is my position that the poorly pleaded claim discloses no cause of action and no liability in law for any sum at all. The claimants vexatious conduct from the outset has been intimidating, misleading and indeed mendacious in terms of the added costs and litigation.

12. I invite the Court to dismiss this claim in its entirety, and to award my costs of attendance at the hearing, such as are allowable pursuant to CPR 27.14.

Statement of Truth

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

Signature

Date

Link to evidence bundle for the above statement:
https://www.dropbox.com/sh/ncsseaumlej844z/AADUEWhkIPLnoyH3REgxx82ba?dl=0


My witness's witness statement:

In the County Court at Southampton
Claim No. XXXXXXXXX
Between
Countrywide Parking Management Limited (Claimant)
and
XXXXXXX (Defendant)

---

2nd Witness Statement
(Landowner representative)

---

1. I am <landowner representative>, of <home address>, the Witness in this matter for the Defendant (My name). I will say as follows:

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

3. I assert that I work as the financial advisor and representative of the Trustees of the Gurdwara Nanaksar Charity (Charity no. 289934) who are the landowners for the private land at Onslow Road, Southampton, SO14 0JN, please see Title Deeds in Exhibit reference VA/01 pages 1-4.

4. <Defendant’s name> the defendant in this case, contacted me in January 2019 regarding the PCN “<PCN Number>” he received from Countrywide Parking Management Limited.

5. The contract with Countrywide Parking Management Limited is illegal as it was signed by <name of person that signed the contract> who does not have any authority to act on behalf of the Trustees and/or the Charity to sign contracts on behalf of the Trustees of the Gurdwara Nanaksar temple, please see a copy of the contract in Exhibit VA/02 pages 1-2. The contract was also never dated and was not valid for the alleged PCN contravention date <date of contravention> by <defendant’s name>.

6. <PPC director’s name> a director for Countrywide Parking Management Limited, BH8 8BN, was contacted by email on <date>, following a meeting between the Trustees, the company directors of Countrywide Parking Management and <name of the person that has signed the contract> on <date>, stating that <person who signed contract> has not been authorised to conduct any business on behalf of the Gurdwara and/or the Trustees thereof, and all monies collected by the company was asked to be refunded to people who had received a PCN, please see Exhibit reference VA/03 pages 1-2.

7. The Trustees of Gurdwara Nanaksar Charity have never given Countrywide Parking Management Limited any authority to pursue enforcement action against anybody in receipt of a parking charge notice.

8. The private land at 66 Onslow Road, Southampton does not have planning consent following the change of use by the former landowner E&J Jarvis Limited and the Trustees of the Gurdwara Nanaksar temple have been threatened with enforcement action by Southampton City Council and have been informed that the site is unlikely to get planning approval under current policies. The use of the site by Countrywide Parking Management Limited as a car park and the placement of pay and display machines and ANPR cameras is a breach of planning control, please see Exhibit VA/04 pages 1-3 and further supported by Exhibit reference VA/03 pages 1-2.

9. I invite the Court to dismiss this claim in its entirety, and to award my costs of attendance at the hearing, such as are allowable pursuant to CPR 27.14.

Statement of Truth

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

Signature

Date

Link to evidence bundles for the above statements:
https://www.dropbox.com/sh/ncsseaumlej844z/AADUEWhkIPLnoyH3REgxx82ba?dl=0

brewdog

dont mess with the SAR to what gain?? so you know what info they have about your parknig violation-go for their neck BW legal lost a recent case for Abuse of process,(adding £60) southampton court 10th june

GeoStar1

Just polite bump for feedback please - any help very much appreciated.

Le_Kirk

Your point 9, second sentence might need proof/evidence. Similarly, you might need to show evidence of your assertion in your point 10.

GeoStar1

Yeah I wonder if I should take this out as I don’t have any evidence and didn’t refer to this in my defence - thanks for spotting this

GeoStar1

Thanks for the feedback so far

GeoStar1

If someone has time to review my statements and evidence further to the above feedback it would be much appreciated - many thanks in advance

GeoStar1

Just a polite bump for comments please