Court Claim Britannia BW legal again

Coupon-mad

Looks good, covers all the bases. Be ready for the next stages and stick around!

Norfolkinchance

Hi all

I hope everyone is well?

Finally received my Notice of Allocation to my local court. Early October. I have been given until 4pm 10th September to deliver all documentation to the courts and BP/BWL.

I will spend some time this eve reading through the newbies thread to see what needs to be put together for this next stage.

I will keep you all posted and will more than likely need your amazing help.

Many thanks in advance.

Redx

Your WS plus Exhibits plus costs schedule need doing by the submission date, to court and claimant

nosferatu1001

And to forestall, even though its in the newbies thread which should basically be memorised by now

Hand deliver to court
POst to claimant.

Norfolkinchance

Good morning all

Please find my witness statement below. Any help, comments will be very much appreciated.

Just a quick question, as far as video evidence goes, usb stick or CD to both court and BWL or just from my phone on the day??

Here goes, I look forward to hearing from you all.

Many thanks in advance

Case Number XXXXXXXXXXXX

Parties

Claimant XXXXXXXXX -v- Defendant XXXXXXXXX

I XXXXXXXXXXXXXXXXXXXX

Of XXXXXXXXXXXXXXXXXXX

Am the Defendant

——————————
Witness Statement
——————————

1. On (Date) the claimant issued a ‘Parking Charge Notice (PCN)’ on my vehicle.

2. I am the registered keeper for this vehicle but there are others insured to drive it.

3. On (Date) I was in hospital after a major operation and under the care of the consultant. I refer to Exhibit A. This is a letter confirming that I was in hospital and could not have been the driver on the date of the alleged breach of parking. I was in hospital from the (date) to (date) in which time I was unable to drive. Added to this after being released from hospital it was a further 5 weeks before I was cleared to drive.

4. The driver of the vehicle on (date) arrived in the early hours in darkness due to the complications around my condition in hospital and was unaware of any restrictions in the car park due to the very poor signage and lack of signs at the entrance.

5. I refer to a video Exhibit B taken from the car in similar dark conditions to the day of the alleged breach which clearly show how difficult it is to read the signs.

6. I refer to Exhibit C photo sheet, these show the various signs in daylight and the small print. I have also included a picture of each sign in darkness to compare.

7. I refer to Exhibit D photo sheet, this shows the map of the route of access to the car park.
7a. Marked A on the map is the poorly positioned entrance sign which could be perceived as a different car park entirely, this sign is also in such an orientation that it cannot be seen when driving up the road.
7b. Marked B on the map is the location of the main sign which as per Exhibit B is impossible to be seen or read as it is not lit at all.
7c.Marked C & D on the map are two smaller signs, again unlit and impossible to see in the dark.

8. I have approached the Claimant twice for ‘Subject Access Request (SAR)’. The first was ignored and the second the claimant sent information about a totally unrelated PCN with my husbands name on it and his details, implying that this was all the information they held on my vehicle registration. Exhibit E is the SAR which was received.

9. I have also seen that the claimant has carried out a credit check on me, indicating that they are checking if it is ‘worth’ pursuing someone, particularly if they have a good credit rating. At no point did I agree to a credit check. Exhibit F is from my credit file showing this.

10. I invite the Court to dismiss this claim in its entirety, and to award my costs of attendance at the hearing, such as are allowable pursuant to CPR 27.14.

Statement of Truth

I believe that the facts stated in this statement are true

Signed xxxxxxxxxxx

Full Name xxxxxxxxxx

Date xxxxxxxxxx

Redx

If they are claiming spurious costs they added on , add the Abuse of process paragraphs by coupon mad posted in the thread by beamerguy , objecting to those additional charges

Also add your costs schedule as an exhibit too

Ideally you want to take a laptop or tablet to display the video file , but must add it into the bundles that you file with the court and the claimant

beamerguy

What about ABUSE OF PROCESS by BWLegal

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

POST #14 ON THIS THREAD BY COUPON-MAD and copy the text

USB stick is best for the video
As Redx has just said, your own laptop

Norfolkinchance

Thank you beamerguy and Redx for your replies, I will get on it ASAP whilst juggling the kids today as the other half is at work.

I’ve seen somewhere that Coupon-Mad suggested sending WS and exhibits via email to BWL so will probably do this to save pennies as I’ve just had to buy a new printer as the old one gave up!! On top of a file and paper I’ve also had to buy. I’ve got an old usb stick for the court’s copies.

Need to work more on the Skeleton side of things this afternoon/eve.

Many thanks again for your input on this, starting to get a little panicky.

Le_Kirk

Norfolkinchance wrote: »

I’ve got an old usb stick for the court’s copies.

Hopefully you mean for the court's copy of the video. It is always recommended to deliver the Witness Statement, evidence and costs schedule to the court in a paginated bundle.

Norfolkinchance

Hi Le_Kirk

Yes the usb for the Courts copy of the video.

I have been out this morning and got a folder ready for the courts paper copies which either myself or hubby will drop off in person.

Many thanks