Britannia Parking - BW Legal - MCOL stage

Coupon-mad

Hope you put the full claim sum (right of the claim form) instead of £2xx.xx ?

apennyinthewell

I did. ;-)


Regards,


APennyInTheWell

apennyinthewell

Been away over Easter period and I've received the DQ form. Filled it in and will email it off to the court and a copy to BWLegal tomorrow. Would it be worth requesting mediation? I've got time to alter the form tomorrow if needs be.

I have had a couple of letters from BWLegal.
The first looked like a robo-letter demanding the full amount of money. No attempt at settlement of course. ha!
The second letter contained their copy of the DQ and a letter, that looked a bit more personal this time. It was asking me to contact them urgently to discuss the matter, despite stating that their "client" Britannia Parking wish to continue with court action. - Would I be right in thinking that this is their vain hope I'll cave in and settle or pay up in full?

Finally, could someone with a moment over the next few days check the links to photos I've posted and tell me what they think regarding the lighting of the signs. Would the lighting be considered to be adequate or not?

Thank you in advanced.

APennyInTheWell.

KeithP

Bargepole's 'what happens when' thread linked from post #2 of the NEWBIES thread explains exactly how to answer every question on your DQ - including those about mediation.

When complete send your DQ in the same manner and to the same email address that you sent your Defence, and as you say, send a copy to the Claimant.

apennyinthewell

Thanks for your fast reply KeithP. I didn't expect a response tonight.

I shall indeed re-read that info again before clicking the send button. Much appreciated!

Regards,
APennyInTheWell

apennyinthewell

Hello all. Quick update.

Offer from BW Legal:
Back in end of May a representative from BW Legal tried to make me an offer. the amount was about £10 to £15 over what I would expect to get if the judgment goes against me. So I ignored the offer as I thought it was a bit cheeky. The letter stated that either I payed that amount or if I didn't reply by a certain time they would assume I wasn't interested.

Letter from court:
I have received a letter from the court telling me that the hearing will take place in my local court towards the end of July 2019. My evidence is due this week. I believe I have everything I need. However I have a few questions before I submit.

As indicated earlier in the thread I am fighting this from the angle of poor signage/poor lighting of signage etc.

I have the following:
1. Photos of the signage that demonstrates how it appears at night time at the same level of darkness back three years prior.

2. Videos of the approach to the carpark that demonstrate the lack of signage. There are no terms or conditions visible from the outside of the carpark. It is only once you've entered the land and parked up do these become visible. However, the lighting is very poor and it's very difficult to read when you are in front of the sign.

For both the above, how would I go about sending these? I do have dropbox or similar available to me.

a) I also have the name of the lady I spoke to back three years ago at Britannia Parking as I had written this down.
b) I have a list of harassing calls I got from BW Legal.
c) I have a recording of a call I made to Britannia Parking earlier this year where I made an offer to pay the original fine but they refused the offer and said they wanted the full amount regardless. When I demanded the evidence they should have given me three years ago they initially refused until the end of the phone call. - Now I am guessing that this can't be used as evidence.
d) All the letters I have received. These only consist of since just before Xmas 2018. Despite the fact this dates back to 2015.


As for my statement,
Could someone suggest a structure for my statement and what should I include so I can be sure what I have is sufficient?
Should I mention the contents of the Britannia Parking call c) or not bother?
Should a) and b) be included?


Many thanks,

APennyInTheWell.

beamerguy

c) I have a recording of a call I made to Britannia Parking earlier this year where I made an offer to pay the original fine but they refused the offer and said they wanted the full amount regardless. When I demanded the evidence they should have given me three years ago they initially refused until the end of the phone call.

Britannia refused to mitigate and instead want to punish you with the full amount of the claim.
Might raise the eyebrows of a judge, especially as this can be seen as wasting the courts time

No doubt they have added a fake £60 to the claim ?

Two judges recently kicked out BWLegal for abuse of process and adding a fake £60 is abuse of process.

READ THIS and then scroll down to see post #14 by coupon-mad. This will be a major part of your defence,
Your aim here is to get the judge to also dismiss the claim for abuse of process
https://forums.moneysavingexpert.com/discussion/6014081/abuse-of-process-district-judge-tells-bwlegal

Others will be along soon to assist you with your defence

apennyinthewell

Thanks for taking the time to reply Beamerguy. Bear in mind this is the evidence and statement I must submit not my defence.

Shall he interesting to see if I can at least refer to this call during the hearing.

Thanks again!

APennyInTheWell

apennyinthewell

Is there anyone that can let me know if the call recording is usable as evidence or not, given that it was automatic via an app on my phone and something I had not asked permission of the caller to do?

I also ignored the offer that Bwlegal made, which was an amount just bove what I would pay if I lost. If the judge askes me why I did this what would be a reasonable response? Or won't I be asked this?

In my statement, as well as fleshing out the arguments made in my defence should I include a list of the harassing calls I had from Bwlegal which included calls to my relatives land-line despite me having made contact with them?

I was also given the run around by the landowner, would it be a a good idea to include that or leave that out?

Finally, I assume one needs to include all correspondence received and sent between myself and the other party in the evidence?

New evidence that I have recently found....

At the time I had no photos going back to when the incident occurred. However, thanks to a collegue of mine it was pointed out that Google Street View shows the car park as it is now and back in 2015. Which is great. The current lighting and signage in the carpark didn't exist in 2015. In fact there was no lighting at all back then. Despite the "improvements" the carpark is still very dark which makes the signage impossible to read.

I hope someone is about tonight and tomorrow morning because I intend to submit tomorrow. So if someone has a bit of time to spare between now and tomorrow: Thank you inadvance!

apennyinthewell

I forgot to ask. Once I send this statement and evidence back to the court and Bwlegal how best do I send the following...

Photos
Video
Documents
Google Street View - links or screenshots?

Many thanks for your help so far.

APennyInTheWell