Brittania PPC Newbie post

moon_dust

Hi Taliessa

I am in the exact same battle as you at (I strongly presume) the same car park. The timing seems very close too - my alleged offence was in November 2018.

I have filed my AoS and I am currently writing my court defence.

Without going into details, my issue is poor and non illuminated signage.

I stopped to use the shops/restaurants and overstayed the free 20 minutes, completely unaware of the restrictions. Much like you did.

I will be following your thread closely. As we have the same argument, I think we have an opportunity to help each other out here.

beamerguy

moon_dust wrote: »

Hi Taliessa

I am in the exact same battle as you at (I strongly presume) the same car park. The timing seems very close too - my alleged offence was in November 2018.

I have filed my AoS and I am currently writing my court defence.

Without going into details, my issue is poor and non illuminated signage.

I stopped to use the shops/restaurants and overstayed the free 20 minutes, completely unaware of the restrictions. Much like you did.

I will be following your thread closely. As we have the same argument, I think we have an opportunity to help each other out here.

Both of you should fully understand the serious issues here.
The serious issues are not to do with you but with the legals and private parking companies

In your cases, ABUSE OF PROCESS means that claims against you are not allowed by the courts.

More serious for these companies is that they sign a statement of truth to the court about the total claim, telling the court that the figures claim are true. The penalty for lying to a court is called perjury and can carry a prison sentence

moon_dust

beamerguy wrote: »

Both of you should fully understand the serious issues here.
The serious issues are not to do with you but with the legals and private parking companies

In your cases, ABUSE OF PROCESS means that claims against you are not allowed by the courts.

More serious for these companies is that they sign a statement of truth to the court about the total claim, telling the court that the figures claim are true. The penalty for lying to a court is called perjury and can carry a prison sentence

Thanks for pointing this out - very interesting!

I will certainly do my best to highlight the Abuse of Process and bring it to the fore in my defence. Admittedly, though, this is not something that I had known about or considered prior to just now. I will have to read some more and try to word it concisely into my defence.

I will post my details and draft defence in my own thread, rather than hijack this one. (sorry)

beamerguy

ABUSE OF PROCESS

https://forums.moneysavingexpert.com/discussion/comment/75929156#Comment_75929156

Taliessa

Moon_Dust I don't mind you 'hijacking' this thread lol. I know you need to start your own but I don't mind you joining in here!
Beamerguy thankyou for your reply, I sumbitted my defence yesterday by email following the steps advised on here by KeithP
I added the abuse of process defence template created by coupon mad to the end of my defence (taking out the bit about no solicitor signing the forms)

"In your cases, ABUSE OF PROCESS means that claims against you are not allowed by the courts."

Once my defence has been read by the courts should it be thrown out as an abuse of process just like the IOW and the Southampton cases? Southampton is one of two of my local courts. Can I request Southampton if the judge there is more likely to strike the claim? Are there any judges who don't understand how serious the abuse of process is or are just letting it go? If this really is this serious then surely our cases should not even go to court? I did invite the court to strike out this claim of their own initiative as in coupon mad's template.
Also, presuming these two identical cases do go to court, does it not add weight to our claims that there are two of us in the exact same position? Neither driver in question saw signage due to it's positioning and lack of illumination at night. Can we, moon_dust and myself, provide witness statements for one another? Citing our own claims as evidence that we are not the only individuals who parked in this parking area, not being aware of any restrictions in place? Are we both in a stronger position now there are two of us?

Coupon-mad

Can I request Southampton if the judge there is more likely to strike the claim?

I would, if I were you!

Are there any judges who don't understand how serious the abuse of process is or are just letting it go?

LOADS of Judges let parking firms have these fake costs, every time, nodded through.

Taliessa

Thankyou Coupon-mad.

Also noticed something else today regarding the recent Court win by poster Avem1 regarding discrepancy of Britannia's name on landowner agreement.
With my Claim, The Claimant is listed as Britannia Parking Group Limited T/A Britannia Parking.
The landowner agreement provided by Britannia during POPLA appeal is very heavily redacted, signed in 2017 with Britannia Parking Services Limited. They both have different company numbers with companies house listing and it does not list the parent company. Neither are listed as 'Dormant' as in the case with Avem1 but the name of company on redacted landowner agreement and the claim form are slighly different. Just wondered if this was a point to include in my WS?

Coupon-mad

The landowner agreement provided by Britannia during POPLA appeal is very heavily redacted, signed in 2017 with Britannia Parking Services Limited. They both have different company numbers

Good spot.

Just wondered if this was a point to include in my WS?

Yes, quoting the different Company numbers so the Judge doesn't miss the significance that these are different legal entities.

nosferatu1001

If they are different legal entities, then the company bringing the claim lacks landholder authorisation to operate, meaning they are in breach of the AOS COP and thus would strggle to show how their charge isnt a penalty.

Taliessa

Thanks to Coupon-mad and nosferatu1001 I will add the company names & numbers to my WS and query landowner authority. Suggest moon_dust does same if reading this thread....and regarding the fact that moon_dust and myself are defending identical claims/identical parking site can we provide a WS for one another?