Claim Form PNC Defence Help

acpnewcastle

Thank you for anyone who will take the time to try and help me make a defence.

I received two PNCs via ANPR cameras, for apprently not paying during two visits to the same carpark within days of each other. This could not be further from the truth, on both occasions we paid parking and a ticket was issued. The ticket was issued without the need to input any VRM and on the printed ticket is states DISPLAY CLEARLY ON DASHBOARD THIS SIDE UP, we done this, but then found two tickets arriving on the post around 2 weeks later.

I Contested the ticket with Britannia Parking and them POPLA, no surprise both both failed stating a breach in contract and not displaying a valid ticket.

I want to put a nice tight defence to the county court claim. Sadly of the two visits I can only find one of the tickets I paid for the other one has been binned or lost. This shows I paid parking, but apparently because i didn't input the VRM its not valid and I need to pay.

Can anyone advise and help me?

Many Thanks In Advance.

ShakeItOff

Welcome!

Have you had a chance to read through the NEWBIES thread? Post 2 covers all of the court claim process.

What was the issue date on the claim form?

If you haven't already done so, it would be worth sending Britannia a subject access request (template from Legal Beagles in the NEWBIES post).

acpnewcastle

Hello shakeitoff

I have had a good look at them, I cannot see any where parking has been paid.

I can make a defence but it will be pritty much one line parking was paid and ticket to prove.

I need to cover the terms and conditions, with paying for parking did I unwittingly accept them?

I will make a SAR to Britannia Parking.

I also replied to the courts today extending me time issue date is 21st Feb.

acpnewcastle

It also would be a harder defence for the other PNC I don’t have the ticket for anymore!

ShakeItOff

Don't focus on the fact you no longer have the ticket. Have a read of the other defences on the NEWBIES thread. You will see that there are similar points raised in them - signage, lack of contract, non-compliance with POFA, unclear Particulars of Claim. The ticket isn't your only angle here.

beamerguy

acpnewcastle wrote: »

I want to put a nice tight defence to the county court claim. Sadly of the two visits I can only find one of the tickets I paid for the other one has been binned or lost. This shows I paid parking, but apparently because i didn't input the VRM its not valid and I need to pay.

Can anyone advise and help me?

Many Thanks In Advance.

This is happening a lot with Britannia. We wonder why ??

You cannot be expected to retain paid for tickets but in this day and age when scammers infest car parks, it is wise to.

However, you have proof of one and you would be prepared to swear on oathe for the other.

The question is ... what did Britannia do with the money you paid. Such actions would suggest that Britannia knowingly stole the money. A serious question for the judge to ask ? ???

Is the claim via BWLegal who have added a fake £60 ????

In addition to the 'parking charge', the Claimant's legal representatives, BWLegal, have artificially inflated the value of the Claim by adding costs of £60 which has not actually been incurred by the Claimant, and which are artificially invented figures in an attempt to circumvent the Small Claims costs rules using double recovery. >>>> thanks to bargepole

acpnewcastle

Yes it’s BWLegal

Indeed the claim is for £100 plus £60 for failure to comply with T & Cs

Now a £50 solicitors fee and £25 Claim fee.

Crazy, I would have no issue in paying it’s the fact I have paid and now I am in my own eyes being robbed in day light!

Indeed it is concerning if this is a widespread issue. How do I prove the ticket come from the machine on site? I intend on defending this to death!

How can the defend such a case? It will cost them more then they would recover with there legal fees at a hearing? It’s crazy.

beamerguy

acpnewcastle wrote: »

Yes it’s BWLegal

Indeed the claim is for £100 plus £60 for failure to comply with T & Cs

Now a £50 solicitors fee and £25 Claim fee.

Crazy, I would have no issue in paying it’s the fact I have paid and now I am in my own eyes being robbed in day light!

Indeed it is concerning if this is a widespread issue. How do I prove the ticket come from the machine on site? I intend on defending this to death!

How can the defend such a case? It will cost them more then they would recover with there legal fees at a hearing? It’s crazy.

We see this rubbish every day. The ticket will have ID marks
Britannia has accepted you paid, their claim is for not entering the full VRN.

Question is, is this a hidden fraud to extort money.

The courts see this as trivial and a time wasting exercise by BWLegal.

READ UP ON BWLEGAL .... it will help you
https://forums.moneysavingexpert.com/discussion/5672664/bwlegal-the-list-of-failures-growing

£50 solicitors fee and £25 Claim fee is correct but NOT the fake £60 add-on

twhitehousescat

in an ANPR type parking site the VRN MUST , repeat MUST be entered in order to log the parking with the company

how else can a automatic number plate reading device understand which car has paid for parking (and possably overstayed) or not

beamerguy

twhitehousescat wrote: »

in an ANPR type parking site the VRN MUST , repeat MUST be entered in order to log the parking with the company

Perfect if the machine is working correctly .... if not ???

Strange how Britannia has so many problems like this ???

acpnewcastle

Why did they have a sign saying this site is patrolled? Ticket indicated that it should be clearly displayed in windscreen!

Just trying to fleece people out of hard earned penny’s!