BW Legal and Britannia Parking

kernowkid007

Hi all, just a quick update and question. After receiving a Notification of Allocation with a court date in the 3rd week of Jan 2020, I’m in the process of putting together a WS and evidence for this claim. I am trying to find examples of how I state within WS that I will be representing my wife as a Ley Rep? Searched loads of threads tonight to no avail.
We have just received WS and evidence bundle from BW Legal and they are sending an ‘Advocate’ to attend on the day. I am going to busy over the Christmas break in order to get paperwork to court and BW 14 days before hearing!

Coupon-mad

I am trying to find examples of how I state within WS that I will be representing my wife as a Ley Rep? Searched loads of threads tonight to no avail.

That's because you don't have to say it in advance, at all. Your wife must attend too but you simply tell the Usher when you both sign in. That's what I do when I lay rep.

As you've been away from this forum for many months, you've presumably missed the latest developments and you need to read the thread by CEC16.

Then search the forum for:

supplementary witness statement to see how to cover the issued from that case, and

costs schedule £300 to see how to write that and submit it with your WS, now.

WhenIam64

Could you post up pics of the two signs they have produced? You can use Tinypic or similar.

At para 9 in your defence, you stated there was a difference in the hours on the signs. Do you know when they changed? The BPA code requires the operator to advise by signage, when the terms change so Britannia will know when they were told to change it. If they haven't stated the date of the change, then there is no certainty it was 3 hours when your car was there.

kernowkid007

Sorry struggling to upload photos at the mo.
They have submitted several photos of their signage and their locations within the car park, all photos are dated over 2 months prior to alleged parking charge in my wife’s case. I don’t know the exact date when they were changed to show increased parking time and no evidence submitted by BWL states this.

I have also found that their proof of authority to operate in said car park could be called into question.
The letter/contract of proof submitted was signed by the land owner 10 days after parking event. Does this mean that on the date of the parking charge was issued (2 days before letter/contract was signed, the operator did not have the right or authority?
In the letter/contract it does however, state that the operator will be responsible for car park from an earlier date, approximately 4 and a half months prior to it being signed.
I’ll try and upload photo to make this point clearer, If you feel it could be of significant importance to the case

WhenIam64

Thanks for the offer and no need to struggle as I've found an image elsewhere.

As regards the dating of the contract after the event, then that and the dates of the images should be core. Britannia have documented form for this sort of misleading behaviour and were banned by the DVLA in 2015 for over a year for it.

Redx

Use Imgur to host your pictures and post the link or links

kernowkid007

[IMG][/img]
parking date 27/4/17
PCN issued 04/05/17

kernowkid007

[IMG][/img]

kernowkid007

Can anyone tell if the contract in the above posts can be brought into question, as it’s signed after the parking offence occurred.
Also not sure whether to refrain from identifying the driver in the Witness Statement, does it really matter now at this stage?

Le_Kirk

Of course you can call it into question but it is up to the judge whether or not it will affect the outcome of the case.

If you are defending as keeper, then do not identify the driver but what will you say if the judge asks you outright "were you the driver?" If you are defending as driver, then it is immaterial.