Letter of Claim (County Court) Britannia Parking & BW Legal

Caustic70

Do you have a current photo of the signage? I got a PCN at this carpark, the company number for Brittania on the sign was incorrect... My PCN was dropped due to following the great advise on this site.

Mazzamonkey

I got a pcn at the same time as the OP for the same reason. Also when popping into Evans. I went recently to look at signage and they have added loads more signs and in yellow. This has to be seen as an admisson that their signs were previously inadequate!

Tickedoff1

Hi I have found myself in the same boat as the poster -

Parking ticket from Army & Navy Chelmsford July 2017. We have logged onto MCOL and completed the acknowledgement of service. Denied the debt, but not contested jurisdiction. Also contacted Britania Parking for all data held on the registered keeper.

Received the Data info back today including NTK and photos of car being in the car park, and a paragraph about adding "You are also liable for the £60 instructions fee as your file has been passed to debt recovery"

Can anyone advise on the best defence going forward?

Many Thanks

KeithP

Tickedoff1, your best bet is to start your own thread.

It can only lead to confusion when trying to deal with two people's issues in a single thread.

Please, no further reply on this thread, but when you start your own thread it would be useful for you to tell us the Issue Date printed on your Claim Form.

JRL_2

Hi All,

Thought I would provide an update on how things are progressing - I have received a notice of allocation to the small claims track, BW Legal have sent back a very long letter scrutinising my defence, telling me I will lose.

However at the back of the papers, there is another letter, which asks me to contact them and settle, for a £50 discount. Now, I know not to do this, however is this similar to the letter here: https://forums.moneysavingexpert.com/discussion/comment/73000370#Comment_73000370

If so, can I use a modified version of the template in that thread to send back to BW?

Thanks!

Umkomaas

If so, can I use a modified version of the template in that thread to send back to BW?

Good piece of research. Loadsofchildren123 (author of the letter) and Johnersh (also inputting on that particular thread) are both practising lawyers. You won't get any better for free (or probably even paid for).

beamerguy

JRL_2 wrote: »

Hi All,

BW Legal have sent back a very long letter scrutinising my defence, telling me I will lose.


Thanks!

BWLegal are going well above their station in life stating that.

This is the method of a "bully boy"
BWLegal ARE NOT judge and jury, they are simply robo claim merchants

I would imagine a judge would take a very dim view of such rubbish

Bets are on they are about to discontinue or face the wrath of a judge .... again

Assume you have your costs schedule ready

Le_Kirk

JRL_2 wrote: »

If so, can I use a modified version of the template in that thread to send back to BW?

As Umkomaas says, go for it but just read it and rewrite it without the comments by LOC123. Note that it was repetitive on a couple of points and was modified by LOC123. You also need to make sure that points like "you have ignored the courts order to serve........" are correct in your case or delete them .......... but I am sure you would have checked it.

JRL_2

Thanks all, yes I have read it and will remove the bits that are not relevant, in this case BW stand by their claim so will reword and post here so others can see.

On a side note - it's interesting that others in this thread have had a similar issue to me in this car park, and also interesting regarding the yellow signage. They sent me pictures taken in November 2017 of the yellow signs in the car park however these weren't present during my stay in the car park. I plan to also write to the retailers in the car parks to let them know about the situation.

Thanks all for the help!

JRL_2

This is what I have produced - please kindly scrutinise as it helps me and others so much!

Without Prejudice

Dear Sirs,

I refer to your letter of 28th February and thank you for your kind scrutinisation of my defence of your claim, number *********, that I read with interest.

You have been aware for some time that the claim brought by your client is baseless and bound to fail. However, your client has nevertheless chosen to pursue the claim this far, forcing me to draft and file a full defence, whilst also suffering from deep and concerning distress caused by your client, their partners and BW Legal’s continued and ongoing harassment of me. In comparison, all your client has done is to file a claim so brief and devoid of accuracies that it verges on being incoherent, and a Directions Questionnaire. Your client has also failed to provide sufficient appropriate or supporting evidence from either the day of the alleged infringement and furthermore, has yet to prove beyond reasonable doubt that they provided any notice of the alleged infringement within the legally defined timeframe at all. Given both yours and your clients incompetency’s in this matter I am baffled by your election to pursue your baseless claims against me and I having taken legal advice, know that your claim will fail in the County Court.

For the avoidance of doubt, I will not be telephoning you to discuss any settlement for either yourselves or your client. I find it extremely intriguing that, your client and yourselves are seemingly reluctant to pursue this through the courts and have contacted me on multiple occasions to settle. One can only assume this is because you’re aware the claim is truly baseless, your evidence insubstantial and you are at significant risk of incurring large costs for continuing this relentless pursuit of me.

Before you contact me again, I must make clear my position, as follows:
1. As this is a baseless claim, and you have known that for some months, (I contacted your client directly on 28th September 2017 to dispute any liability for the PCN after it was eventually sent to me, 45 days after the alleged infringement took place), I will not accept anything other than a complete, unconditional withdrawal by your client;
2. Again as this is a baseless claim, your client has breached my rights under the Data Protection Act and EU General Data Protection Regulations by requesting, processing, storing and continuing to store my data and this has caused me significant distress, which I complained about directly to your client when I contacted them on the 28th September 2017. It must cease to do so immediately. My rights to bring a claim or a counterclaim are expressly reserved and I expect your client's further proposals for settlement to include a sum of money in respect of damages, in return for which I will agree not to make any claim/counterclaim.
3. I have been forced to spend a considerable amount of time and effort defending this baseless claim, including incurring direct expenses for on-site visits, postage, stationery and so on. I have had to spend hours researching the law and drafting a full defence, and gathering documentary evidence. As a litigant in person, this has caused me significant distress and inconvenience. In contrast, your client has put very little effort into particularising and pursuing its claim. Any proposals must include a sum of money to reflect your client's conduct and the distress and trouble caused to me.

As a goodwill gesture, and on an entirely without prejudice basis, in order to achieve a settlement I suggest that your client makes an offer to myself of no less than £279 in respect of 2 and 3 above, broken down as below. Your acceptance of this offer will need to be communicated directly to me, in writing, by no later than the 29th March and receipt of payment by cheque no later than 30th April

Damages Claimed Amount
Time spent contesting original PCN with your client (2 hours) £40
Time spent on research and drafting / filing a full defence (4 hours) £80
Stationery & Postage Costs £9
Damages for Distress & Harassment as a result of mishandling my personal data and continued contact from your client, their partners and BW Legal. £150

In the meantime, my rights under the Data Protection Act are expressly reserved.

Should settlement not be reached, I am entirely confident that my defence of the claim will succeed and I make it clear that, since the claim is clearly baseless and this has been clear to you all along, I will be seeking a punitive costs order pursuant to Rule 27.14(2)(g).

Yours faithfully





Jamie Rhys Lawrence