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LBC BW Legal/Britannia Parking

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Comments

  • Umkomaas
    Umkomaas Posts: 43,437 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Should my defence focus on the fact they are inept
    No case will be won by throwaway, loose accusations.
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Private Parking Firms - Killing the High Street
  • I still have a few weeks for my defence submission, if i submit my defence now saying i have not received any evidence, and provide their responses to me saying they will supply me with the evidence, as evidence they have not yet provided me with evidence, is that enough for me to have the case struck out, do i ask for that as part of my defence, or is their another form i need to submit for that?
    I feel like i might be in a strong position now, but that if i wait and their SAR does arrive, then i cannot claim i don't have the evidence, if that makes sense.
  • Umkomaas
    Umkomaas Posts: 43,437 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    I still have a few weeks for my defence submission, if i submit my defence now saying i have not received any evidence, and provide their responses to me saying they will supply me with the evidence, as evidence they have not yet provided me with evidence, is that enough for me to have the case struck out, do i ask for that as part of my defence, or is their another form i need to submit for that?
    I feel like i might be in a strong position now, but that if i wait and their SAR does arrive, then i cannot claim i don't have the evidence, if that makes sense.

    If I've understood your post correctly (and I'm not sure I have), I don't think the system works like that.
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Private Parking Firms - Killing the High Street
  • nosferatu1001
    nosferatu1001 Posts: 12,961 Forumite
    10,000 Posts Third Anniversary Name Dropper
    It doesnt work like that
    Use all the timeyou have to make your defence as good as possible.
  • That's fine, but i don't have their evidence yet to base my defence on.

    I have a letter from them saying they will send me their evidence.
  • nosferatu1001
    nosferatu1001 Posts: 12,961 Forumite
    10,000 Posts Third Anniversary Name Dropper
    Yes, but as you will have seen from the dozens of threads here
    You
    Do
    No
    Need
    their docuemtnation (dont call it evidence) to start your defence

    Signage
    Standiing
    COmpliance with POFA to hold the keeper liable, as I presume they have no idea who drove.
  • And if it doesn't turn up before the deadline to submit my defence..
    What
    Should
    I
    Do
    Then
    ?
  • KeithP
    KeithP Posts: 41,296 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Write the best Defence you can. You have no other option.
  • Got another letter from BWL yesterday saying they had filed the claim and that 'what i should do next' is pay them or they will issue a CCJ against me in a few weeks.

    Still no SAR though.

    In your collective experience, do you think i will actually receive the SAR documentation, or are they hoping they wont have to provide it? (or cant as it is nearly 3 years ago)

    Also, may not be relevant but the CC notice i received was from a Court about 100 miles away from me. Is that just a random thing, or did they choose that one?
  • Umkomaas
    Umkomaas Posts: 43,437 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Still no SAR though.
    From who? When did you send it (date)?
    In your collective experience, do you think i will actually receive the SAR documentation, or are they hoping they wont have to provide it? (or cant as it is nearly 3 years ago)
    Only the PPC/BWL can tell you that. If you don't get it, there are remedies available.
    Also, may not be relevant but the CC notice i received was from a Court about 100 miles away from me. Is that just a random thing, or did they choose that one?
    Read it very carefully - check out what the issuing office does, via Google.

    There are some very formal things you now need to do if it is a claim from the county court - check the NEWBIES FAQ sticky, post #2 which will now be your go-to guide as you proceed through the court process. It will save you asking one by one basic questions on the thread. Almost everything is covered in that part of the sticky.
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Private Parking Firms - Killing the High Street
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