3D Parking / BW Legal County court claim

bib_bob_euroslap

I would be grateful for any feedback on the witness statement above.

Had a letter through from BW offering a 'reduced' amount (£160!). That's a good sign right?

Also how's best to submit a video as evidence?

beamerguy

You must number each point you are making

Unsure why you refer to the IPC/IAS rejecting your appeal ? We all know that is a scam and their middle name is "rejection"
Does not follow that a judge will know this and you do not want anything negative to be seen.

You have not really exposed abuse of process and The Consumer Rights Act 2015

SEE POST # 14 by coupon-mad here
https://forums.moneysavingexpert.com/discussion/6014081/abuse-of-process-district-judge-tells-bwlegal
Simply copy and paste, you have permission

With regards to their letter. I would offer them a "drop hands" offer being that they drop their claim which is bound to fail and you will not claim costs. You can also refer to abuse of process of their claim and their failing of The Consumer Rights Act 2015

When these companies start making an offer, it indicates they are unsure of their claim
The last thing BWLegal want is to be spanked in court again

The_Deep

You can also refer to abuse of process of their claim and their failing of The Consumer Rights Act 2015

This is important, have you rea this?

https://forums.moneysavingexpert.com/discussion/6014081/abuse-of-process-district-judge-tells-bwlegal

1505grandad

"I appealed their charge stating the above facts x and x and referred to the Independent Parking Community’s “IPC” code of practice regarding signage,....."

IPC = International Parking Community

Le_Kirk

It is trite law that any uncertainty in a contract should be resolved against the person who offered it under the contra [strike]preferentem[/strike] proferentem rule;

To what does this refer, what contract? You might know what you are saying but you must explain it to the judge/court.

This is in breach of the requirements as laid out [strike]popla[/strike] by POFA which states the notice to keeper has to be [strike]sent[/strike] given within 15 days

KeithP

bib_bob_euroslap wrote: »

Also how's best to submit a video as evidence?

It must be sent on a 'durable medium' to both the Claimant and the Court.

A 'durable medium' is something that once sent cannot be altered by the sender.

In the case of video, that means you are effectively limited to either a CD/DVD, or memory stick/card.

A video file as an attachment to an email is another example of a 'durable medium', but you might need the explicit agreement of the court and the claimant to accept evidence that way.

A link to a Dropbox file, a Youtube file, or indeed a link to anywhere, is not acceptable as you could alter that file after the link has been sent.

You also need to consider how you are going to show the video at the hearing. Take a laptop or tablet with you that is capable of playing the chosen durable medium.

Coupon-mad

As you are the driver, there is no 14 day rule for you, and POPLA don't come into it!:

On 16th August 2018, 16 days since the 31st July, the claimant sent the parking charge notice by post. This is in breach of the requirements as laid out popla which states the notice to keeper has to be sent within 15 days as stated on page xx of the evidence documents.

So remove that entire point, it makes no sense for a driver Defendant.

And search the forum for SUPPLEMENTARY WITNESS STATEMENT and copy what others have done re the fake added £60.

bib_bob_euroslap

Coupon-mad wrote: »

As you are the driver, there is no 14 day rule for you, and POPLA don't come into it!:
So remove that entire point, it makes no sense for a driver Defendant.

And search the forum for SUPPLEMENTARY WITNESS STATEMENT and copy what others have done re the fake added £60.

Thank you. Clearly I am getting myself muddled up on that point and meant to say POFA. Wasn’t sure whether to keep that point in there or not so will take it out. Is it worth highlighting that 3D / BW haven’t actually identified or given evidence of who the driver was?

Coupon-mad

bib_bob_euroslap wrote: »

Is it worth highlighting that 3D / BW haven’t actually identified or given evidence of who the driver was?

LOL, not when your WS says:

Before I describe what happened on the day I parked in Hollybush Lane,

bib_bob_euroslap

Thank you for all your feedback and expert guidance. I have been making a few updates based on this (hope I've understood correctly!) as follows...

I have added the following:

The Claimant is part of an accredited trade association, the International Parking Community (‘the IPC’), which has its own Code of Practice. It was noted by the Supreme Court in Parking Eye vs. Beavis 2015 (Exhibit **5) that:

‘Since 2007, the policy of the Secretary of State has been to disclose the information for parking enforcement purposes only to members of an accredited trade organisation. The criteria for accreditation were stated in Parliament to include the existence of ‘a clear and enforced code of conduct (for example relating to conduct, parking charge signage, charge levels, appeals, procedure, approval of ticket working and appropriate pursuit of penalties’’ (Para 96, Parking Eye vs. Beavis 2015, Exhibit **5)

‘A competent lawyer representing a user in individual negotiation might be expected, among other things, to argue that the supplier should at least commit to following the code of practice’ (Para 311, Parking Eye vs. Beavis 2015, Exhibit **5)

Unsure why you refer to the IPC/IAS rejecting your appeal ? We all know that is a scam and their middle name is "rejection"
Does not follow that a judge will know this and you do not want anything negative to be seen.

I wasn't specifically referring to an appeal through IAS, just 3D Parking. However I did indeed appeal through IAS so if the Claimant mentions this in their witness statement I will update to the following (if they don't mention it I will take it out):

On [DATE] I appealed the Claimant’s charge stating the above facts x and x and referred to the IPC Code of Practice (which is exhibited at pages XX of XX1) regarding signage. However, the Claimant has rejected my appeals and numerous letters disputing the charge, each time failing to address the points that I raised and have instead replied with generic template letters and now electing to pursue this matter via litigation. I exhibit these letters at pages XX to XX.

On [DATE] I further appealed through the IPC’s Independant Appeals Service (IAS) and this was also rejected, as referred in the claimants witness statement (paras xx-xx), however I later learnt the IAS do not appear to be a truly independent service as the IPC itself is a self-serving body funded by parking companies. It is therefore unlikely that the process would have been fair or robust.


What evidence could/should I provide to verify this about the IAS?

It is trite law that any uncertainty in a contract should be resolved against the person who offered it under the contra preferentem proferentem rule;

To what does this refer, what contract? You might know what you are saying but you must explain it to the judge/court.

How's this:
The basis of the claimants Claim is a breach of contractual terms, however it it is denied that the Defendant entered into any contractual agreement with the Claimant, whether express, implied, or by conduct and as it is trite law that any uncertainty in a contract should be resolved against the person who offered it under the contra proferentem rule.


I have also added the following:
As I was entering Hollybush Lane I did not see any signs saying I was now entering a car park and as I was parking and leaving my vehicle I did not see any signs alerting me to the change of parking rules from unrestricted to pay and display, nor any signs telling me I had to pay to park here. Thus, I did not enter in to any contractual agreement. Had I seen any such signs I would have duly bought a pay and display ticket.

And search the forum for SUPPLEMENTARY WITNESS STATEMENT and copy what others have done re the fake added £60.

Thank you. Yes I did see that info and will add to my WS, just wanted feedback on the nuts and bolts of it to save a very lengthy post.

Paragraphs are numbered in the doc I'm drafting the WS, they just don't copy in to the forum

Thanks very much.