Britania parking and BW Legal

KeithP

BT1997242 wrote: »

I leave the country in the summer for nearly three months, the last thing I want is a court case stopping me leaving.

You get the opportunity a little later in the process to notify the court of dates of non-availability.

But are those three versions of your Defence that you have posted exactly the same, or are you expecting people to read all three, spot the differences and choose the best one?

BT1997242

Ive just deleted the excess, there were settle differences however I've merged them all together. Appreciate the heads up

Coupon-mad

5. Further, the Defendant appealed the unfair PCN, but the Claimant successfully appealed the charge

The above makes no sense, and the bit below is not allowed as you cannot talk about WP offer communications:

but when attempted payment was made without a discounted rate being offered the claimant refused to accept that the payment period for appeal was fair and wouldn’t accept the fee. The defendant also offered a without prejudice offer of settlement which the claimant also turned down (designed to resolve the dispute in good faith) and instead demanded a punitive £160.

BT1997242

I will remove those aspects of my defence, are there any other areas which I should look to include or add that I haven't already?

BT1997242

Hi all,

just a quick re-cap of the situation, I was in a car park using a costa coffee, left with a friend in there car to get lunch (just down the road) came back, just overstaying the 2 hour time limit and subsequently incurring a fine. I have complained to costa but received no help. I ignored the initial correspondence and now have a court claim. My draft defence is above, I'm now being pursued for £238 rather than the initial £100. Becoming tempted to just pay it as I'm in my final year of uni and can't be doing with the castle. I have an SAR but haven't mentioned that in my defence. Any help I can get would be great as beginning to feel uneasy about the whole situation.

Many thanks

Coupon-mad

Don't be discouraged, you can do this and beat the scam!

You will also get a chance at DQ stage to fill out the dates where you will not be available for a hearing at your local court, and that can include the whole month where you are doing final exams, and the week where your Uni normally does graduations for your subject.

So you can beat this without it affecting your final year at Uni at all, and it will be satisfying to fight it. And even if you lost you'd save money, as they can't pursue £60 that was never spent and isn't real 'damages' at all.

Don't pay, and don't rush this defence. For an overstay case I would not have the bit stating that the Beavis case is 'factually different' unless the car park in question wasn't a 2 hour free car park (like the Beavis case was).

How many minutes overstay was it? And was it 2 hours free?

BT1997242

Hi,

Thanks for the encouragement, just beginning to take over my life. I'll look to adjust my case.

It was a 2 hour free parking and I overstayed by around 15-25 minutes. In my SAR I have images of me coming and going as well as images of the signage, all the details they hold on me and correspondence between us.

I have already acknowledged service online, but not sure if there are other cases I should be looking to use in my defence which would help me out, I dont have masses of time to do the research but would rather get my defence tidied up and in so I can stop worrying until the questionnaire stage.

I did mention WOP offer and attempts to pay the fine in my defence but told I should not mention those so will remove.

Coupon-mad

just beginning to take over my life.

We know how it is! This scam-fight takes over everyone's life and some of us stick around to help others to never pay either.

Yes it was me who told you that you cannot mention WP communications. You can't.

In my SAR I have images of me coming & going

The car you mean, caught on ANPR.

Next time, and EVERY time you use a retail or Supermarket car park, cover your front number-plate on arrival and the rear number-plate when leaving. Easy to do, a carrier bag or black stretchy sock would work, then remove it as soon as round the corner on street.

Whilst it's mandatory to show your number-plate on street, people DO NOT have to show their number-plate to scam private firms on private land, so don't. Be brave and make a stand and stop bowing to what these firms do to people. No data and they are stuck, and there's nothing they can do about it - a private scammer can't issue a PCN for 'failure to show us your numberplate'!

In your defence I would replace #7 onwards, with this (obvs change the £sums!):

https://forums.moneysavingexpert.com/discussion/comment/75304578#Comment_75304578

And you then need a statement of truth and your actual signature & date at the end, and then scan this and attach it to an email to the CCBCAQ email, as post #68 tells you.

HOWEVER - DELAY THIS AS LATE AS POSSIBLE

Now given your University studies until May(?) if this were one of my student kids I would point out to them that they have until Wednesday 13th March 2019 to file a Defence and to deliberately take that long to email it!

As long as the AOS has been done online first, of course, to buy you that important time?

The reason is, that delays the process a whole month, and then the DQ asking about your 'unavailable' dates won't be out to you until (at the earliest) the end of March/just before Easter, and then you return that by email to the CCBC (and a copy to the Claimant's solicitor) towards the END of the 14 days allowed - see were I am going with this timeline?

By the time the case is then allocated to your local court (May?) then a court date will be set in the Summer, well after your final year is over, a long as you avoid your graduation week/holiday.

So no rushing this in February. or the hearing might be slap bang during exams!

BT1997242

Great thank you, I'm going to check out that defence now and look to include relevant points to me and my case, I'll re-post a defence on this thread.

Correct regarding university studies, however I'm set to go travelling over the summer June-End of August so ideally would like the case to occur before/after that as well as obviously key dates in May regarding Uni. Hence my urgency as I imagine this may be a less than adequate reason for not attending court, would I be wrong to assume that?

Thank you again, you have re-established some hope in me and I will look to fight it in court.

Coupon-mad

I would delay it, and would then put in the DQ (hopefully in April) that you are unavailable due to:

(1) University exams in May, and
(2) pre-booked travel abroad from June until August 31st.

Thus, any hearing must be in September or later. Travel abroad is fine as a reason.

You are more likely to get that agreed IMHO, if you DELAY all stages until the last day (not later!), so the entire process gets to your local court several weeks later than it will if you rush it now.

Show us what your next draft looks like once you've added the bit I linked and removed the point #7 onwards.