Brittania PPC Newbie post

Quentin

How are you qualified to provide a ws for a stranger's court case which you are not involved in??

nosferatu1001

Taliessa - you can only provide a witness statement for events you have direct knowledge of or that you could know, and exaplain how you know
So "Possible", but constructing the WS would be tricky, and unless you appear in court can easily be disregarded by thecourt.

Taliessa

Ah, I see. Was thinking something like "I also have been to this car park and completely missed the signs and I can confirm that they are not situated in a position where they can be easily seen" - so not a WS regarding the parking incident but a 'statement' regarding my own situation and my opinion on the signage. I guess this would not be a Witness Statement but would it come under some other name? For example if the business owners agreed to provide a statement saying the signage does not cover the entire parking area, would this just be heresay then and not taken on board by the judge?

Coupon-mad

I think you both can and should provide WS for each other to corroborate the first hand account of the location, and should turn up for each other's hearings if possible, too.

Taliessa

'and should turn up for each other's hearings if possible, too.'

We live 80 miles apart so not possible but definitely would of done that if we were local to each other.

I think you both can and should provide WS for each other to corroborate the first hand account of the location.

Thankyou coupon-mad for this, it is what I thought!

moon_dust

Taliessa wrote: »

'and should turn up for each other's hearings if possible, too.'

We live 80 miles apart so not possible but definitely would of done that if we were local to each other.

I think you both can and should provide WS for each other to corroborate the first hand account of the location.

Thankyou coupon-mad for this, it is what I thought!

Agreed - I will gladly provide a witness statement for you!

Taliessa

Agreed - I will gladly provide a witness statement for you!

Thanks Moon_Dust - me too!

Just wondering (to the experts on here) I submitted my defence to the court by e-mail as advised 12 days ago. The defence has been received and is showing on the MCOL account. I have not yet received anything to say that this is now a defended claim although I did receive a letter saying the claimant has 28 days to contact the court to say they wish to proceed. I have not received a directions questionnaire. Does this come once Brittania/BWLegal have said they wish to proceed? Do I just sit tight and wait for a second letter from the court? I did not want to miss any deadlines. Thanks

KeithP

Please re-read items 7 and 8 in the list in post #32 above.

By now you will of course have read Bargepole's 'what happens when' post linked from post #2 of the NEWBIES thread.

Taliessa

So I have now received the DC and will get that off in the post asap. I also today received a letter from BWLegal, with offer of an out of court settlement which is £50 less than what the claim is for. They also responded to a few of my defence points but did not really respond properly but just quoted BPA code of practice which was nothing to do with the point raised in my defence.

One thing they did say is that they are claiming that I am the registered keeper AND the driver. I have never told them who was driving the car and never mentioned who was driving when posting in this forum either. Does this mean they are now pursuing me as the driver? And if so does this mean they ARE allowed to charge the extra £60 and that it would not be seen as 'abuse of process' if the Judge decides that I was driving?

Fruitcake

Taliessa wrote: »

So I have now received the DC and will get that off in the post asap. I also today received a letter from BWLegal, with offer of an out of court settlement which is £50 less than what the claim is for. They also responded to a few of my defence points but did not really respond properly but just quoted BPA code of practice which was nothing to do with the point raised in my defence.

One thing they did say is that they are claiming that I am the registered keeper AND the driver. I have never told them who was driving the car and never mentioned who was driving when posting in this forum either. Does this mean they are now pursuing me as the driver? And if so does this mean they ARE allowed to charge the extra £60 and that it would not be seen as 'abuse of process' if the Judge decides that I was driving?

The abuse of process still stands. They can't add on fake charges no matter who is being pursued.

Don't forget, this is a robo-claim which means very little of what you have sent them has actually been read by a human bean. Scrub that, no human would work for a company like this.

They can suggest or claim the keeper is the driver, but they have no proof. There is no law in the land that can force a keeper to name the driver. Careful wording in documents and during questioning during the hearing may be required, it just needs thinking through before the court appearance.

If they say the keeper was the driver, you say this has not been proven, where is the evidence?
Read up on Elliott vs Loake and the response from judges in parking cases just in case the scamlicitors are stupid enough to mention it.

If you are unsure who they are pursuing, ask them. If they say driver, tell them they must provide proof of this before the hearing in accordance with the practice direction.