Claim Form Received

Legohead26

Thanks umkomaas, I'll be sure to do that. And try to work it in subtly alongside the proof of authorisation from the landowner!

Le_kirk, the claimant is Britannia. The correct trading name is on the claim form. All previous correspondence names the dormant company.

Coupon-mad

OK so part of your witness statement can explain simply that you have never received a PCN or Notice to Keeper from the legal entity named on the claim form (company number xxxxx) etc...

Is this something I can work into my WS when I hadn't included it in my defence?

Yes because it's an observation about the claimant named on the claim...they can hardly protest that you are ambushing them about such a fundamental issue that's of their own doing!

And in your defence you had this, where you said the CLAIMANT failed to serve a compliant NTK, so your WS can lead on from that point if you've now scrutinised the NTK and noticed it's in the name of a completely different, dormant company:

6. Under schedule 4, Section 4(2) of the Protection of Freedoms Act 2012 (‘POFA’), the Claimant can only establish the right to recover any unpaid parking charges from the keeper of a vehicle where specific conditions have been met. It is submitted that the Claimant has failed to fulfil the conditions through failure to serve a compliant ‘Notice to Keeper’ (‘NTK’) in accordance with Section 9(5).

Are you at WS stage and have you seen their drivel template version yet?

BW Legal's finest 'paralegals' include one who accused one poster here of plagiarism in a useless WS this month (search the forum for plagiarism and read it!).

Legohead26

Thank you coupon-mad! I've had a read of the WS you mentioned.. BW are hilarious. Going in unrepresented I'd feel foolish not to make use of advice available to me online! :huh:

I've sent my DQ & received a copy of BWs DQ. One question I had here was they put 0 witnesses. Is this right? Does their paralegal not count as a witness?

I haven't seen either their Defence or WS yet. Awaiting my hearing date at the moment.

I'll attach the letters received so far if it's of use to anyone..

pre-action letters:
https://www.dropbox.com/s/6si4mxrre0fa6kc/pcn.pdf?dl=0

LoC onwards:
https://www.dropbox.com/s/d2tdkqii5x3h9gv/loc.pdf?dl=0

Coupon-mad

What a mish-mash of names on those letters, some relating to a dormant company.

Certainly worth talking a Judge through that, as one of your (many) points.

Legohead26

Just an update, my hearing had been scheduled for next week. I too received a notice of discontinuance from BW last month and confirmed with the court it's not going ahead.

A big thank you to everyone who helped! :j

Umkomaas

Legohead26 wrote: »

Just an update, my hearing had been scheduled for next week. I too received a notice of discontinuance from BW last month and confirmed with the court it's not going ahead.

A big thank you to everyone who helped! :j

Stiff defence, BWL/Britannia go running away.

As you've been away from the thread for 3 months plus, out of interest, did BWL come to you with an offer of a reduced sum to settle? Just checking for any emerging pattern for similar cases.

Legohead26

I hadn't received any offer of reduced settlement from BWL, the notice of discontinuance a month before the hearing was the only correspondence since allocation.

My belief is their tactics are simply to scaremonger with no intention to carry through. Although I haven't stayed up to date with the forum to know if anyone has actually attended court with the Britannia/BWL combo!

Umkomaas

My belief is their tactics are simply to scaremonger with no intention to carry through. Although I haven't stayed up to date with the forum to know if anyone has actually attended court with the Britannia/BWL combo!

Thanks for coming back on this.

We have seen some 'offers to settle' after a strong defence has been submitted, so looking for a confirmation of a pattern.

We have still to see a forum-aided defence relating to Britannia getting to court. Speaks volumes!

Coupon-mad

Yay! A discontinuance is a win! ANOTHER ONE BITES THE DUST!

Well done. :T