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Britannia Parking Small Claims Court

24

Comments

  • KeithP
    KeithP Posts: 41,296 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    bunked wrote: »
    Also on the MCOL website there is a box saying: Contest Jurisdiction
    You can choose to contest jurisdiction of the claim made against you... Do I want to do this as I am not based in Northampton?
    Why are you not reading the AoS instructions I pointed you towards?

    Does everything have to be repeated again and again for everyone?

    Again, I wrote:
    To do the AoS, follow the guidance offered in a Dropbox link from post #2 of the NEWBIES FAQ sticky thread.
    Every single question is discussed there.

    Tell me, what is difficult about following that?
  • bunked
    bunked Posts: 17 Forumite
    OK Keith mate calm down - I went there and read that - must have missed it - not everyone is a parking charge warrior like yourself!
  • ShakeItOff
    ShakeItOff Posts: 443 Forumite
    Ninth Anniversary 100 Posts Name Dropper
    bunked wrote: »
    OK Keith mate calm down - I went there and read that - must have missed it - not everyone is a parking charge warrior like yourself!

    And yet you rely on the parking warriors to help... :T

    The advice given here is freely given, and yes, it a daunting process, so take time to read advice carefully so you can avoid the pitfalls or trip ups.
    Natwest OD - Start: £1,500 Current: £1,500 |  Creation Loan - Start: £2,152.33 Current: £2,082.90  |  Barclaycard CC - Start: £5,242.42 Current: £5,416.45  |  Novuna Loan - Start: £8,598.43 Current: £8,366.04  |  Tesco CC - Start: £9,420.22 Current: £9,885  |  Northridge Car - Start: £15,584 Current: £15,017

    Starting total on 02.07.2024 is: £42,497.40  |  Current total: £42,267.39 (0.5% paid off)
  • Umkomaas
    Umkomaas Posts: 43,537 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    BRITANNIA / BWL CASES

    As you will see from the first few pages of the forum, there is an onslaught by BWL on behalf of Britannia (and a few other hitherto court-shy PPCs) which is being conducted on an industrial scale - roboclaims.

    You are caught in a one-way traffic flow where you must fight or pay - there is no longer a safe 'do nothing' option.

    1. Pay now, it costs you exactly what they are currently demanding.
    2. Ignore it, a 'judgment in default' will inevitably follow for at least what they want - maybe with even more costs added; continue to ignore that, you're getting a CCJ with credit trashing consequences for 6 years.
    3. Defend, yet lose in court, the cost award is likely to be noticeably less than their current demand ~£175.
    4. Defend, and win in court, you owe them nothing and you could claim up to £95 for half a day's pay/loss of annual leave, plus travel costs @45p per mile, plus your parking cost for the day.

    Your least costly option has to be 3, with hopefully a win as per 4.

    But BWL/Britannia cannot physically take everyone to court, and there is evidence to show that with a well constructed defence, BWL can come along with a reduced 'offer to settle', which if refused, becomes a discontinuation. We can't give you guarantees on that, but as you have little choice other than to defend (if you don't want to pay), you need to give this your very best shot.

    Whether you have a good defendable case to argue, you will need to read other similar cases at the defence (or beyond) stage and learn from those.
    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
  • bunked
    bunked Posts: 17 Forumite
    Thanks guys, I have sent off the SAR and had an autoresponder back from Britannia asking for £10 for additional copies and any requests for information which does not qualify as personal data! They obviously get this a lot!!! I have read the newbies forum, my question is though what is my defence not knowing what I have apparently done, I haven't received any of their demands etc as they've been sending correspondence to my old address. So I am kind of in the dark as to what they think I have done, other than parking in their free car park and not registering my number plate at the bar!
  • bunked
    bunked Posts: 17 Forumite
    I have also done the AOS thing on MCOL website! So bought some more time
  • beamerguy
    beamerguy Posts: 17,587 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    bunked wrote: »
    OK Keith mate calm down - I went there and read that - must have missed it - not everyone is a parking charge warrior like yourself!

    A point to remember, KeithP knows what he is doing unlike you
  • ShakeItOff
    ShakeItOff Posts: 443 Forumite
    Ninth Anniversary 100 Posts Name Dropper
    The thing is Bunked, your case isn't likely to be special or unusual. If you read the Bargepole defences in post 2 of the NEWBIES thread, you will see that there are some very common themes, most of which you will want to argue.

    These are roboclaims, generated en masse. Surely each claim cannot be materially different to the next.

    I have just had a set aside granted. I knew nothing about the claim, and never received a copy of the particulars. But I was still able to go in with a defence. Because my case was not different enough from the hundreds of other cases.

    Are you seeing the point I'm making?
    Natwest OD - Start: £1,500 Current: £1,500 |  Creation Loan - Start: £2,152.33 Current: £2,082.90  |  Barclaycard CC - Start: £5,242.42 Current: £5,416.45  |  Novuna Loan - Start: £8,598.43 Current: £8,366.04  |  Tesco CC - Start: £9,420.22 Current: £9,885  |  Northridge Car - Start: £15,584 Current: £15,017

    Starting total on 02.07.2024 is: £42,497.40  |  Current total: £42,267.39 (0.5% paid off)
  • ShakeItOff
    ShakeItOff Posts: 443 Forumite
    Ninth Anniversary 100 Posts Name Dropper
    Just not to confuse matters, a set aside hearing was to remove a default CCJ. That isn't what you are doing here - you are in defence mode, pre-hearing.
    Natwest OD - Start: £1,500 Current: £1,500 |  Creation Loan - Start: £2,152.33 Current: £2,082.90  |  Barclaycard CC - Start: £5,242.42 Current: £5,416.45  |  Novuna Loan - Start: £8,598.43 Current: £8,366.04  |  Tesco CC - Start: £9,420.22 Current: £9,885  |  Northridge Car - Start: £15,584 Current: £15,017

    Starting total on 02.07.2024 is: £42,497.40  |  Current total: £42,267.39 (0.5% paid off)
  • Umkomaas
    Umkomaas Posts: 43,537 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    I have sent off the SAR and had an autoresponder back from Britannia asking for £10 for additional copies and any requests for information which does not qualify as personal data!
    Let's see a copy of your SAR, so that we can help you to knock them back on their demand for £10 to process.
    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
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