BW Legal - Any help very much appreciated...

didgeridoooo

PS - I am using this thread for guidance - https://forums.moneysavingexpert.com/discussion/4705657/parking-letter-before-action-letter-before-county-court-claim-fight-back

I know it's a good few years old, but it seems logical to follow it, unless you think I should stop reading it?

Coupon-mad

They do have to give you your data from the PDT machine, if it contains a payment matching your VRN (or arguably, depending on what the ICO thinks, a payment that is indisputably yours, even if the VRN keyed in isn't quite right).

Similar threads here:

https://forums.moneysavingexpert.com/discussion/comment/75842109#Comment_75842109

https://forums.moneysavingexpert.com/discussion/comment/75818198#Comment_75818198

I am struggling a bit to work out whether I can use/refer to the "Practice Directive on Pre Action Conduct and Protocols" or not. Some threads suggest that has been superceded by the "PAP for Debt Claims" (2017). If that's true I need to know as I am using the first one to pull their LOC apart, but I dont want to look stupid to the judge for using irrelevant guidance/directions. Should I completely ignore the first one and ONLY pull teeth from the debt claims one? Or can I use both?

Only the PAP for Debt Claims applies. I would say their LBC is good enough.

I think zzzLazydaisy's old thread is no longer linked in the NEWBIES thread - or it shouldn't be. Because it is out of date. Only go with what's in the sticky thread.

KeithP

Coupon-mad wrote: »

I think zzzLazydaisy's old thread is no longer linked in the NEWBIES thread - or it shouldn't be. Because it is out of date.

It is still linked from the NEWBIES thread - from post #5.

I mentioned it last month:
https://forums.moneysavingexpert.com/showpost.php?p=75826265&postcount=60

Coupon-mad

Oh yes, that was niggling me, as I thought you had mentioned it.

It will be gone! I'll ask Crabman to open the sticky and stop procrastinating.

Coupon-mad

If their LOC is sufficient, I wasted around an entire week of research, learning about PAP etc, writing and deleting draft letters, and now am at the point where I have nothing to say to them, and instead should just prepare my court defence!!

Exactly, which is what the NEWBIES thread post #2 tells people, effectively.

There is little to do at LBC stage, and the important research should be preparing by reading court defence threads, because you will be at that stage over the Summer.

You said "only go with what's in the sticky thread" - I am guessing you mean sticky POST, don't think there are sticky threads, are there?

Nope, I meant thread.

This is the NEWBIES thread (think of a thread as like a book with the posts as the 'pages'):

https://forums.moneysavingexpert.com/discussion/4816822/newbies-private-parking-ticket-old-or-new-read-these-faqs-first-thankyou

By contrast, this reply to you is a 'post' (on your thread). 'Page/post' #48.

Coupon-mad

didgeridoooo wrote: »

originally Posted by Coupon-mad
There is little to do at LBC stage, and the important research should be preparing by reading court defence threads, because you will be at that stage over the Summer.

I am gobsmacked at why nobody else has said that before now? Instead I have been advised (kindly I must add) to research POFA, PAPs, SARs and so on.

But they were right. You need to research it ready for COURT.

LBC stage is not a stage when it's worth busting a gut, except at the landowner, as PCNs can always be cancelled pre-court by retailers, etc. if you are persistent.

In fact following the links AND advice ("read other threads like yours", advised tens of times) is the ONLY way I found out about PD on PAC&P.

OK. what you seem to be confirming is that the NEWBIES thread didn't tell you to look into the PD and PAP, which is my intention, it's pointless against the average PPC claim these days!

The intention of the LBC section of the NEWBIES thread is to tell people:

- Do a SAR to the PPC

- Do a holding email to the solicitor, and expect a claim anyway.

That's it. Or a reply like on other BW Legal threads from 2019, if you like*.

Not spend days looking at the PAP.

read other threads like yours

Yes - threads like yours that are heading to court - read them, to prepare for the claim.

Are you saying don't follow any links

No. Just because a tiny bit of editing is due shortly, to post #5 (which is not the post you need to read) doesn't mean you should ignore all the links I've painstakingly added over the years and edited regularly.

The links in the 2nd post of the NEWBIES sticky thread show you example defences, and how to acknowledge a claim, and bargepole's useful thread about COURT PROCEDURES, and how to then do a witness statement, and links to people's experiences in court.

On the other hand, I spent hours drafting several letters to BWL and I am kinda keen on giving them both barrels now. I haven't much to lose at this point, so I might just fire it off.

Yes, it can't hurt but you will get nowhere, believe us!

You will get a court claim this year but it's all life experience and no risk to your credit rating or huge costs, and we have a 99% win rate here, so well worth fighting.

nosferatu1001

A princiapl can order their agent to desist at any time, and at the very least youve shown a court that their supposed beneficiary of this contract - the landholder - doesnt want this to be progressed.

didgeridoooo

Excellent, thanks very much

didgeridoooo

I looked on Google Street View (I detest that thing) and I notice there are two street view photos of the entrance to Falmouth Maritime Car Park. One in 2011 (no entry sign) and one in 2018 (entry sign in place). My 'incident' took place in 2015. I am just making a note of this for now for defence later, not sure if it carries any weight, but I think it should at least afford me a reasonable right to bring it up. I can prove there was no entry sign (which I THINK is a legal requirement?) in 2011 before my ticket, and so at some point between then and 2018, they installed one. I wonder when? If any Falmouth locals read this thread and happen to know the answer, I am all ears!

didgeridoooo

would love to know if the signage issue (at entrance) has any benefit to me in my defence?

Also I have read a lot of threads where mention is made of lack of valid signatures on papers. Does this only apply to formal court papers (once claim submitted) or does it also apply to LOC/NTK etc?
thanks