Britannia/BW Legal court claim defense for comment

Mrs44474

This is what I’ve seen:
https://en.parkopedia.co.uk/parking/carpark/plymouth_harbour_lockyers_quay/pl4/plymouth/?arriving=201907291600&leaving=201907291800

And this one:
https://www.google.co.uk/amp/s/www.plymouthherald.co.uk/news/plymouth-news/britannia-parking-plymouth-fines-appeals-2546694.amp

I’m in the process of my WS and evidence. Definitely a complete novice and I’m so thankful for everyone here! I would’ve gotten nowhere without them! Yes I have a thread somewhere. Britannia and BW Legal in the title..

Court date is in a month.

We’ve had threat of CCJ which makes no sense as we’re going through the whole court process and by my understanding they can’t give out a CCJ unless we lose? Which we haven’t even been to court yet 🤦🏽!♀️.

I’ll keep an eye on your thread then! Good luck 🙌🏻

Redx

Correct , partly

If you lose in county court a judgment is issued, this is the CCJ referred to, an instant CCJ , but the BUT is that the judge defines a period of time to satisfy the CCJ of say one month to pay it in full and then the records can be expunged which stops the credit rating from being trashed

So if you lose you pay up in full, promptly, and show proof to the court if the PPC fail to tell the court promptly, to restore your credit rating

Read what the 3 letters mean, because a loser defendant has one as they are exiting the judges chambers or courtroom, but until then there is no CCJ

It is non payment of a CCJ promptly and within the allotted time that causes the 6 years issues

James__

Hi Beamerguy,


Sorry, yes, I did add this into my witness statement (it has happened since my defense went in).


Many thanks

James__

Dear all kind folks who have been following and offering help and support to this post,


Just back from court this minute and am sad to report a complete loss.


The judges summary points were -



I had said signage was insufficient - he considered it was.


I had said the cost breakdown was unclear - he considered it was.


I had said they're was no contract with the landowner - he considered there was.



He considered I had entered into a contract.


That the claim had been followed correctly.


That I had overstayed a reasonable time.


That the turning point was whether the ticket machines were working and in his consideration, he would side with Britannia.


I had not shown due diligence in my behavior. £245.


I would say his first three points there do not reflect what I meant, but unless someone is stumping up what's needed to appeal, that's me done.


Sooooooo, not quite the outcome one would desire.


On the positive, I have had the most awfully painful back and the adrenaline seems to have sorted it out great and so I am not wracked with pain for the first time in a few weeks.


Peace out

Mrs44474

Oh no!? That’s awful. I thought for sure you’d have won! What on Earth is wrong with some judges!?

Mrs44474

So the judge even allowed the £60 BWLegal added on!?

James__

Hey Becky444,


Yeah. Not a great day out for me.


I don't really know what to make of it.



I had steeled myself for disappointment, but still, I think it's a pretty poor show.


I think I did a fair job of saying my truth and that's all you can do at the end of the day.


All good luck to you in getting a happier outcome Becky!

beamerguy

Not good.

Are you saying that the judge did not understand POFA2012 and his courts rules about double recovery ????

James__

Hi Beamerguy,


I asked him if he had read what I had written and he said that he had and then he ordered me to pay BW everything they asked for.



Sorry if that's not the most terrific answer ever, I am a bit bummed out about it.


I had a look about getting a transcript, I guess that will answer better than anything about what went on.


I also just wrote to BW to ask them how they want their money... hence feeling bummed.