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Britannia/BW Legal court claim defense for comment

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  • James__
    James__ Posts: 35 Forumite
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    Coupon-mad wrote: »
    They must do? Are you SURE? Parking Charges are not normally as 'low' as £60.

    Rachity means the fact it's a Harbour Car Park...

    Only relevant if you never said who was driving.


    Hi CM,


    Pretty sure all britannias photos of their signs in the carpark and the paperwork sent to me sets a sum of £85 until that letter which was the 'statement' from Britannia at the POPLA appeal stage. All paperwork after that is calculated for the £85 + £60.



    As I say my theory is that it was just a template letter Britannia was filling in and forgot to change the sum perhaps?


    Yeah in my naivety (and haste to show my honesty) I think I did really say I was driving. Thank you for the concise explanation!
  • Coupon-mad
    Coupon-mad Posts: 132,489 Forumite
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    As I say my theory is that it was just a template letter Britannia was filling in and forgot to change the sum perhaps?
    Yes very likely, so the NTK sum was £85 and that's all they could claim (albeit they make it up and add £60 for no reason because people don't know they can't).
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top of this/any page where it says:
    Forum Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • James__
    James__ Posts: 35 Forumite
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    Hi all,


    OK I have scanned my defense statement, witness statement and some photographs (one from the entrance to the car park showing poor signage of 'terms and conditions apply' hidden in a corner. Also one of a 'good' ticket machine clearly showing instructions as to paying by phone and the one supplied by Britannia which clearly does not for comparison.


    I wrote a complaint e-mail to the owners and am surprised to see I have just had a reply from Britannia!? Which outlines their reasoning for why they have sought to apply the charge. Is directly contacting someone you have filled a court claim against actually illegal?... or just incredibly bad manners? What was Sutton Holdings doing copying them in on my complaint anyway?
  • Redx
    Redx Posts: 38,084 Forumite
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    only your DEFENCE will be submitted at this stage (note the spelling , no S)

    in your DEFENCE above, the word is spelt incorrectly in the statement of truth , plus in all of your posts as well

    when its good to go , signed and dated and scanned , save it as a PDF

    your WS + EXHIBITS wont be required for months yet
  • James__
    James__ Posts: 35 Forumite
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    Cheers Redx, I'll get on it.
  • Coupon-mad
    Coupon-mad Posts: 132,489 Forumite
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    Is directly contacting someone you have filled a court claim against actually illegal?
    No. I'd be more angry with Sutton Holdings breaching the GDPR by passing your data and complaint to another firm without your agreement.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top of this/any page where it says:
    Forum Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • James__
    James__ Posts: 35 Forumite
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    Damn. Guess I'm just on the look out for Britannia to make some sort of golden ticket f#@k-up.


    Naturally I didn't reply to Britannia. I replied to Sutton with -



    Dear all at Sutton Holdings,


    I have received an e-mail from your parking operator in reply to my e-mail to you.



    I am unaware as to why they would be replying to me over my complaint to you about their behavior.


    Many thanks,
  • rachity
    rachity Posts: 103 Forumite
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    https://www.plymouthport.org.uk/byelaws


    Would this mean byelaws are still applicable?
    CAVEAT LECTOR
  • James__
    James__ Posts: 35 Forumite
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    OK, just fired off my defence as per KeithP's instructions.
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