Claim Form received from BW Legal (Britannia)

s7huj

So on my letter it says I have to deliver to the other party and to the court office copies of all documents on which I intend to rely on in the hearing. So I assume this means everything.

At the point of giving up now, not through laziness but I'm just out of time and effort .. I'm drained. I've read loads of s*** but to be honest the more I read the more confused I am.

I appreciate all your help, I just don't know anymore. I'm done. I'll send in what I've done and go to the hearing.

Coupon-mad

Send in your story and your evidence. Take a fresh look in the morning.

s7huj

zzz yes in the morning.

I actually just figured since I live in the same town as the court I could hand deliver it on Friday ... ?

Coupon-mad

Yes if the court let you hand deliver, you can do that, and just email the Claimaint's solicitor their copy of your WS and evidence.

Bear in mind a smaller court might close early on Fridays at lunchtime. You or a relative (if you are at work) could ring them in the morning and ask.

DO NOT post recorded delivery, especially NEVER on Fridays to places that are closed on Saturdays!

Here's a case example where post #160 shows a 'story' witness statement I wrote:

https://forums.moneysavingexpert.com/discussion/5825359/letter-before-claim-ukppo&page=6

Cut out the legal arguments if they were already in your defence, just tell the story like Johnersh suggested in the link I gave you before. This is easy and should take an hour, max.

A reminder of what Johnersh said in the link I gave you (case-specific but you get the drift):

If it were me, I'd be writing in terms:

It was Monday morning and I drove into the car park through the north gate as usual, which is one of 4 entrances etc.. DGH xxxx is operated by Yyyy NHS Trust. It is the 2nd the largest DGH in the country etc serving a population of 10,000 etc. There is paid car parking on site for around 300 vehicles.

As an employee, I am entitled to, and purchased at a cost of xxx a permit....

In short tell YOUR story. What you've drafted is more legal argument and not an account of the facts.

The primary purpose of a witness statement is that it is evidence of fact, not law. This is actually quite important as the PPC almost certainly won't do factual evidence better than you.

Take photos of the carparks too. Explain how confusing it is.

Get rid of nonsense that diminishes your best arguments - Is there any point suggesting ukpc aren't authorised by the Trust to operate a parking scheme? I just don't see a court buying it: this isn't a poxy car park near a block of flats.

Your call, of course. I don't know how you plan to defend this. But if your explanation is strong enough it is much easier to admit being the driver and to walk the judge through the signage defects.

If you want to refer to case law, you can stick judgments in a hearing bundle under a single (paginated) tab, labelled "authorities". At the hearing you discuss them, show the judge relevant paragraphs to your heart's content...

s7huj

Thanks Coupon-mad I'll re-write again.

Two questions I'd love some help with ....

1. So my first letter of claim from BW Legal on the 16th Nov '18 state the client as " Britannia Parking Limited "

Later letters state the client as "Britannia Parking Group Limited t/a Britannia Parking"

Is this important?

2. The bits in my WS which I've labelled (A)-(D), how do I include these if not in my witness statement?

Castle

s7huj wrote: »

Thanks Coupon-mad I'll re-write again.

Two questions I'd love some help with ....

1. So my first letter of claim from BW Legal on the 16th Nov '18 state the client as " Britannia Parking Limited "

Later letters state the client as "Britannia Parking Group Limited t/a Britannia Parking"

Is this important?

Not important but it shows that no letter of claim was sent by the claimant.

Umkomaas

1. So my first letter of claim from BW Legal on the 16th Nov '18 state the client as " Britannia Parking Limited "

Later letters state the client as "Britannia Parking Group Limited t/a Britannia Parking"

Is this important?

Read this thread, particularly from post #77 on.

https://forums.moneysavingexpert.com/discussion/5915842/claim-form-originating-from-bwlegal-and-britannia-parking

s7huj

Thanks all for your replies today, ball is back in my ... court, I will crack on with my WS (separating my skeleton defence etc).

s7huj

Below is my revised witness statement,

I am right in assuming I need to file the evidence separately in a numbered way?
*******************************


I, *NAME* of *ADDRESS* am the defendant in this case.

1. I am unrepresented with no exposure to Court proceedings. I trust the Court will excuse my inexperience.

2. The facts in this statement come from my personal knowledge. Where they are not within my personal knowledge they are true to the best of the information available to me.

3. I am not liable to the Claimant for the sum claimed, or any amount at all and this is my Witness Statement supporting my defence as already filed.

4. I assert that I *INSERT NAME* am the registered keeper of the vehicle in question in this case, but I was not the driver on the 7th October 2017.

5. I will describe the day my vehicle was parked in West Quay Retail Park Southampton car park


6. EVENTS OF THE DAY OF ALLEGED CONTRAVENTION

6.a) On the 7th October 2017 the driver of my vehicle drove into the West Quay Retail Park car park at 0905, spaces immediately near the entrance were already occupied so the driver continued along the access road until an available space was found. Whilst driving through the car park no signs were visible to suggest the car park was subject to charge for its use. Driver entered car park with the belief car park use was not subject to charge.

6.b) Upon parking the vehicle the driver was unable to see any indication the car park was a pay and display car park, no signs or machines are visible from the parking space. The West Quay Retail Park car park is identical in it's presentation to other local free car parks. Driver parked with the belief car park use was not subject to charge.

6.c) When the driver returned to the vehicle, leaving within the 30 minute free window, there was no indication a parking charge notice had been received. Driver left car park unaware of any alleged parking contravention.


7. EVENTS FOLLOWING THE DAY OF ALLEGED CONTRAVENTION

7.a) My first knowledge of the alleged contravention was a letter of claim received from BW Legal on 16th November 2018, the letter of claim stated the client as 'Britannia Parking Ltd'.

I initially dismissed the letter of claim as a scam, because;

- 'Britannia Parking Ltd' is a dormant company not conducting business, it has no standing to bring about a claim.
- I have never parked my vehicle in West Quay Car park.

7.b) Upon receiving further letters from BW Legal I tried to investigate further, but attempts to gain any details of the alleged offence were rejected (by emails with an automated appearance) requesting I confirmed unnecessary amounts of personal information. I refused to provide personal information still believing I was a victim of a scam. I spent a long period of time in uncertainty as to whether I had received a parking charge notice or was subject of an attempted scam.

7.c) Following a SAR placed in January 2019 I was finally able to ascertain the details of the alleged contravention and create my defence.

8. I invite the Court to dismiss this claim in its entirety, and to award my costs of attendance at the hearing, such as are allowable pursuant to CPR 27.14.


I believe that the facts stated in this witness statement are true

SIGNED
DATE

Coupon-mad

I have the WS from BW Legal and it is very lengthy

So you need an extra section agreeing or denying or exposing as untruth, the BW Legal WS, like here:

https://forums.moneysavingexpert.com/discussion/comment/75782740#Comment_75782740

You can copy from that one - the person recently won!

Your WS is good insofar as the basics but needs beefing up now. You need more about their woeful evidence/signs, like that person at #17:

17. The images provided are woeful in all respects, including the amount of signs claimed to be at the location. One (undated) sign image even says

Pic up op undated photo evidence, pick up on their pointless use of Kumari and Vine (which they will have misquoted as they always do).

I am right in assuming I need to file the evidence separately in a numbered way?

All pages need numbering and all evidence exhibits need numbering, but refer to them in the WS, throughout.

So when you say in the WS that you believe the signs had the £100 in tiny lettering (or whatever) then you say (see exhibit s71*). Then S72, then s73, where 's7' are your actual initials.

Also put a contents page on the front, and a draft costs schedule (see NEWBIES).


*which might be actual photos you took, OR a GoogleStreetView screenshot, or the photo evidence the other side have sent you under a SAR or with their own WS.