Britannia/BW Legal court claim defense for comment

nosferatu1001

the point of finding out if there are harbour byelaws in place, is that byelaws that regulate parking makes the land "non relevant" land for the purpose of POFA. As POFA is the main mechanism they can use to hold the KEEPER liable, when the DRIVEr is unknown, this puts a serious spanner in the works.

James__

OK update time.


Letters from the court and from BW saying they intend to continue.


Letter from the court (received by me yesterday (9th), posted 20th June) that I asked for (Bradford) saying they have reviewed the papers and recommend mediation. This was not sent to the address I gave as my current address and has taken a while to get to me. They also give a date for the hearing as the 2nd of August.


I phoned the court to see if BW had paid the fees, as the deadline has now elapsed. They have.


Bargepole, on his/her/their 'court claim procedure' thread I believe recommends against mediation in the first instance. Seems reasonable to attempt it now, as it's the judges recommendation though perhaps.



I'll also start getting all my papers together, witness statement sorted, including the various company numbers Britannia have been using.


To nosferati1001's last reply, I think it's established that I was the driver, I never even thought to hide that in my naivety and keenness to show my honesty.

beamerguy

You need to get your current address logged with court

Mediation is not advised because you will deal with a faceless person who probably knows nothing about the parking industry.

nosferatu1001

1) Tell Bradford your address for service. Inform them that an incorrect address is still on file.
2) Dont mediate. Its not their "recommendatioN" - its always offered.

Ah OK - however if the byelaws disallow what you are alleged to have done, they cannot offer a contract to *allow* you to do that, charging you £100 for the privilege. They cannot offer a civil contract to permit a criminal offence.

James__

Ah yes nos1001 the word is not recommend, it says, 'Having considered the papers in your case, the court believes that your case is suitable for mediation'. I just don't want to seem unreasonable to the judge.


Thanks both for a quick response, I phoned the court but apparently have to change address in writing, so I'll get on that.

nosferatu1001

If you look around, you will see that is TEMPLATE WORDING. It is ALWAYS, ALWAYS, ALWAYS offered

If you go to mediation they will likely ask for about 80% of their Claim, and most people get pressured into paying by being told they have no defence.

Refuse mediation, as youve been advised multiple times. LIterally nothing here is novel.

James__

Witness statement draft for perusal -



I intend also to send copies of a photo of the entrance which shows the tine 'terms and conditions apply' sign. Also photographs of of the ticket machine with all it's many instructions and another which is clearly laid out WITH instructions to pay by phone.


Do I have to include copies of the letters with all different company numbers etc... and my bank statement with my alternative parking payment, or just bring them with me on the day?



IN THE COUNTY COURT

Claim No. ***&&&^^^%%%

BETWEEN

Britannia Parking Cowboy Highway Robbery Management Ltd (Claimant)

AND

MR X (Defendant)

---

Witness Statement

---

1. I am MR X, of BRXHHMMM (current contact address - HYTEEEDRX – whilst I work a short term contract of work nearby) The Defendant in this matter. I will say as follows:

2. On %%.&&.(( I visited Plymouth to meet a friend for an afternoon out and to run some errands. I visited the Harbour Car park operated by the Claimant.

3. I had had a long journey from Wales and was early for my meeting. I was in a ‘holiday' frame of mind. It was a particularly sunny day and England were to play football in the world cup.

4. I came to the Harbour car park, reasonably centrally located as it is and entered with the express intent of purchasing a ticket for my afternoons stay.


5. After parking up I took a moment to relax and went to purchase my ticket. I found the first machine, found it more complicated to use than I can previously remember any ticket machine being in my twenty plus years of driving and frequently purchasing tickets (8 separate steps to purchase a ticket). I took my time with it and after being satisfied I had used it correctly and it was unable to take my payment I went to find a second machine on another level of the car park.


6. This second machine acted in the same way. It simply stayed blank after I had entered all my details and finished the instructions to make payment. This I found slightly disconcerting as no ques was given. A couple appeared and also wanted to buy a ticket, I said I was having difficulty, I let them go ahead of me and walked the car park to see if any of the other cars had tickets. They did not. Furthermore, for an incredibly busy Saturday afternoon in central Plymouth I remember noting just how deserted the car park was.


7. I went back to the machine and spoke with the couple who had also failed and were looking as lost as I felt.


8. I then decided that something was obviously wrong with the systems here, got back in my car and happily found an incredibly easy to use multistory car park near by. Which was remarkably different as it was absolutely crammed with people and cars and so very simple to use. I have a bank statement which shows my payment at the Drake Park car park.


9. In addition to the events of the day I want to raise the issue that the claimant has used three separate registered companies to pursue this claim.


The PCN Company number given as 0818990, yields a result of ‘No Result Found' when searched for on Companies House website.


The Final Reminder gives a company number 08128990, yields a result of ‘Arabian Eagle – Dissolved 2014’ on the companies house website.


Letter stating the matter has been passed to their legal team has a company number 08182990, yields the result of ‘Britannia Parking group ltd – Active’.


BW Legal also give different accounts of which company they are representing.


In a Letter on the 18th of December 2018 they state the name of their client as Britannia Parking Limited. Companies house have this company number as 03175808.


In a letter 3rd January 2019 they give the client as Britannia Parking Group Limited t/a Britannia Parking.


This seems only to be the the tip of an iceberg as to the bewildering array of companies registered under near identical names by a handful of people operating from the same address.


10. An internet search shows the car park to have a long history of questionable enforcement of tickets.

11. It is my position that the Claimant has no standing, or cause of action, to litigate in this matter.

12. I invite the Court to dismiss this claim in its entirety, and to award my costs of attendance at the hearing.


Statement of Truth

I believe that the facts stated in this Witness Statement are true.

Signature MR X

Date






Many many thanks to anyone who does take the time to help!







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KeithP

In your 'different companies' issue, which company is on the sign?

It is the company on the sign that any alleged contract is with.

Spell it out to the judge that any alleged contract was with company 'A', so a County Court Claim from company 'B' is bound to fail as company 'B' is a stranger to any contract.

James__

Hi,


In answer to KeithP - I'm sorry to say that I do not have evidence of any sign with the company number on it to compare. Only the letters with different company numbers on.

nosferatu1001

Well, if you can, go and get photos of signs....thats in every single suggestions Ive ever read, as it is the signs that convey any supposed contract.