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Britannia Parking - BW Legal - County Court Claim

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Comments

  • Le_Kirk
    Le_Kirk Posts: 24,723 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    Well done, looking forward to the court report.
  • Umkomaas
    Umkomaas Posts: 43,467 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Mappy3333 wrote: »
    We won!!!! Judge dismissed the case and awarded us costs. Will write as full report later.

    Super result, look forward to all the gory details. :)
    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
  • beamerguy
    beamerguy Posts: 17,587 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    Another BWLegal failure ....... they really should give up with the parking scam, it's ruined their reputation, nobody wants a failure

    WELL DONE :beer::beer:
  • So case was held at Poole and Bournemouth County Court with a Judge Ali. PPC arrived ahead of me and I was 30 mins early so happy that she wasted even more of her time! She didn't try to speak to me although she may have been looking for my other half who was unable to attend as the court changed the time of our case at short notice.

    We went in about 10 mins early and the Judge asked the PPC rep to put forward their case. As she began the Judge interrupted her almost immediately and picked apart their letter demonstrating land owner authority. She questioned this for a little while and then stated that actually as the case wasn't based around that she would just note it and maybe come back to it later. I immediately felt that, whilst fair, the Judge had an inclination towards our explanation of the case.

    The PPC rep then proceeded to state that although we had demonstrated that we had purchased a ticket, it was not valid as it didn't match our registration. The Judge asked them where in their signage had they stated that a VRN was necessary and then challenged whether it was clear. All points that I was going to bring up.

    I was then asked for out version. I explained that we couldn't be sure whether the incorrect reg was due to user error or machine error. The Judge then allowed me to show the videos that I had taken of the differing 'wake' messages the PDT machine displayed depending on what button you pressed.

    It was at this point the Judge asked us to leave the room whilst she considered her decision. About 10 mins later we were invited back in. The Judge proceeded to deliver a short summary in which it was fairly clear early on that she was going to award in our favour. It was at this point that I had to sit on my hands to stop myself from piling in as I was so frustrated that it had got this far. Essentially the Judge's verdict was that although Britannia were correct to issue the initial PCN, it was immediately clear that we had purchased a valid ticket and that their subsequent pursuit was wholly unreasonable.

    We then proceeded to have a debate on costs. To be honest I was just happy to have won. The Judge asked me to compromise at £100, which I agreed to. Very happy to have won, but my overriding feeling is that I can't believe it got this far. I feel sorry for people who fall for their bully boy tactics. Sorry for length of this report.
  • Coupon-mad
    Coupon-mad Posts: 153,080 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Essentially the Judge's verdict was that although Britannia were correct to issue the initial PCN, it was immediately clear that we had purchased a valid ticket and that their subsequent pursuit was wholly unreasonable.

    We then proceeded to have a debate on costs. To be honest I was just happy to have won. The Judge asked me to compromise at £100,
    Woohoo, well done!

    ANOTHER ONE BITES THE DUST!
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • beamerguy
    beamerguy Posts: 17,587 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    Mappy3333 .... a great report

    Any chance you could tell us the name of the judge and the case number, we already know it's Bournemouth

    This decision could well help others faced with this VRN scam
  • The case number was F3DP7052 and it was Judge Ali
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