Britannia Parking - BW Legal - MCOL stage

KeithP

apennyinthewell wrote: »

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

Everything you send must be in a 'durable medium'.

This means that once sent you cannot alter it.

So for example, you cannot send a link to a youtube video, because you could alter that video at anytime afterwards.
You could however, send the video as a file attached to an email, as in this case the video once sent cannot be altered by you.
You need to check with the court, and possibly the Claimant, what medium is acceptable to them. A CD or DVD, or memory card/stick are also examples of durable media.

In summary, a link to anything that you have control of is a nono.

Of course it is much simpler with pictures and other documents, so I 'll leave you to work that out.

Coupon-mad

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

You will not be asked about offers made between the parties as they were on a 'WP' basis, meaning they can't be discussed in court except re the costs at the end.

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.

I'd say you can use a shortened section of that recording - the bit where you asked for evidence and they refused, and NOT anything about the offer or rejection of any offer, as that's barred from the hearing.

Refusing to provide evidence when asked, pre-court, is against the PAP. You can use it to show 'unreasonable conduct' (search the forum for 'shining example unreasonableness costs' and get the confidence to draw up a hefty costs schedule of your own...).

Have you read the abuse of process thread by beamerguy, to be sure of knowing how to argue against the added 'costs' (double recovery)? In the worst case scenario that you feel the Judge is not with you on your defence, at least it minimises the claim.

apennyinthewell

You've given me some good ideas Keith. However will call them tomorrow to check. Thanks for your zippy reply.

Any thoughts on whether I include the list or harassing calls or should I just refer to it in my statement when I give a timetable of events?

Thanks again for your time.

APennyInTheWell

apennyinthewell

Ha ha ha. That's fair enough Couponmad regarding forum links. I have read it but will read again before I finish my statement as I do need to reread this stuff a few times for it to sink in. I have mild dyslexia so whilst my comprehension is good I just need to take that extra time when reading.

Thanks again!

APennyInTheWell.

apennyinthewell

Just finished reviewing the audio I had backed up from the calls and the last bit is amazing. The Britannia parking representative not only refuses to allow me to resolve it amicably on the phone, when asked for the evidence he tries to fob me off, claims they have no evidence of me phoning them back in 2015 despite me having recorded the name of the lady I spoke to, he tries to make out that the PCN is evidence enough, refuses twice more, only to eventually give in after I point out I've waited three years for such evidence.

I'm really pleased to be including this. Amazingly, despite the fact you can tell I'm on the verge of exploding with anger I managed to remain very polite on the phone throughout. So if it gets played in court at least I don't need to hang my head in shame. Though will make for an interesting time.

Regards,

APennyInTheWell

apennyinthewell

Ok, well I have been going through the unreasonableness costs. Tbh, I am not sure how to quantify those costs. The most I can come up with is what it's cost me in fuel to make two visits to the carpark to gather evidence and the visit to court. All of which will total to just over £5.
When BWLegal tried to harrass my grandparents by phoning their landline instead of my mobile, despite me already making contact with BWlegal, they did cause them great distress. However, how does one quantify unreasonableness such as that?


Regards,


APennyInTheWell

beamerguy

APennyInTheWell

Have you fully understood my link ABUSE OF PROCESS ?

This is a serious problem for BWLegal/Britannia. The fake add-ons they have described as Admin, Contractual, Debt collectors fees, legal fees etc ..... they make it up as they go along.
The fact is that whatever they dream up in future will still be a fabrication and will be ABUSE OF PROCESS.

Britannia refusing to mitigate with you can only be assumed they wish to punish you and that is not the business of the court. You have the recordings for the judge to listen to and he must ask the Rookie legal that BWL normally send to a court, why they are wasting the courts time ?

Harassment. especially towards your grand parents should be raised but claiming compensation is not that easy in a small claims court.

Judges are often between a rock and a hardplace and your job is to help the judge make the right decision in your favour. The Rookie BWL send will probably be an "um ah" type

Your best attack is Abuse of Process especially as they have been told twice recently by judges and kicked out of court.

BWLegal know such abuse is not allowed yet they will have signed a "statement of truth" stating their claim is correct ??

We are going to see a lot more of these court whoopings for Abuse of Process

apennyinthewell

I have now yes. Thank you beamerguy.

I have tried contacting my local court repeatedly and they are simply not answering the phones. As the video evidence I have consists of one edited 250mb file, could I email it via a dropbox or onedrive link? In fact Onedrive shows any modifications to anyone that views the link.

Regards,

APennyInTheWell

KeithP

apennyinthewell wrote: »

As the video evidence I have consists of one edited 250mb file, could I email it via a dropbox or onedrive link? In fact Onedrive shows any modifications to anyone that views the link.

As I said yesterday - no.

A link to a dropbox or onedrive file is not a 'durable medium'.

Please re-read post #32 above.

nosferatu1001

SEnd them a CD, DVD or a memory card. THats your choice, really.

Unreasonable - well you are asking for COSTS, not DAMAGES. There is a clear distinction between the two
Costs would be your time, at £19 per hour (max rate for a LIP) for
- writing the defence
- gathering evidence over the 3 odd years
etc