PCN / Britannia Parking & BW Legal

Coupon-mad

You need to read more BW Legal LBC threads to understand where you are at better, as you are not at AOS stage, given you haven't yet had your N1 claim form.

moon_dust

Thanks for the clarification.

The emails I sent were based on your templates, so thanks also for that.

I sent them yesterday and have only received auto-replies.

I suppose I just sit back and wait for 30 days...

Coupon-mad

No sitting back - read BW Legal threads.

If you have not yet discovered things like the Britannia name discrepancy, then you are missing a trick by not reading threads this past week!

Someone won at court on the name basis alone...no link. Go find it!

moon_dust

Coupon-mad wrote: »

No sitting back - read BW Legal threads.

If you have not yet discovered things like the Britannia name discrepancy, then you are missing a trick by not reading threads this past week!

Someone won at court on the name basis alone...no link. Go find it!

And if you used the sarcastic BW Legal reply then fine, but if you merely used the older one in the NEWBIES thread that asks them to 'restrict data', they won't. That's why you need to be reading threads about Britannia and BW Legal from this past week or two, for the newest info that could win your case.

Indeed, I didn't word that very carefully. I will of course do my research, but in terms of communications I am saying that I do not need to respond to these vermin until I hear back.

I used the more concise template that I got from the link in the Newbies thread (Post 2).

I am doing my best to read as much as I can on here, but I work long hours and have two toddlers, so struggle to keep up!

I had no idea about the Britannia name discrepancy. I will search for it.

Thanks again - I would be lost without your (and others) advice on here :T

Coupon-mad

Look at the current thread on page two of the forum, by avem1.

moon_dust

Coupon-mad wrote: »

Look at the current thread on page two of the forum, by avem1.

Thanks - just seen it.

Haven't had chance to read in detail but looks interesting!

KeithP

You have mentioned elsewhere that you have filed your AoS.

What is the Issue Date on your Claim Form?

moon_dust

Hello, friendly people!

I will try to keep this as concise as possible for clarity. I won't give the whole back story or fine details unless they are absolutely required or asked for.

I have read the Newbies thread (very helpful) and I have followed the process to the letter. I have very recently filed my Acknowledgement of Service; I am now currently putting together my Defence.

The main details
The driver of my vehicle parked in a car park that had a free 20 minute stay only. This is administered via ANPR.

The car park is not local to me and was used once, back in November 2018. The vehicle was parked in the hours of darkness and no signage was seen upon entering or exiting the car park. I know from photos and images online, and also from another user of this forum (also currently fighting a case against Britannia Parking for the exact same reasons as me), that the signage is very poor and not illuminated during hours of darkness.

The car park serves around 5-10 small shops and restaurants. Driver assumed that the parking was for users of the facilities. There is no facility to buy a ticket and with the apparent lack of signage, the driver assumed that at least an hour would be ok to use one of the restaurants there for some refreshments.

Issued with the NTK/PCN shortly after from Britannia Parking, completely to my shock, claiming for £100 for overstaying in the car park by around 50 minutes.

I appealed directly to Britannia initially, then to POPLA. Both appeals rejected.

I requested that clear photographs of the signs are shown to me that are taken from a driver's perspective in the car park, at night time. Britannia only issued me with some stock images of the signs and some photographs taken up close during the middle of a bright summer's day. As far as I'm concerned, this is not sufficient to prove their signs are sufficient. The signs also do not state the parking charge itself at the entrance and exit of the car park; I understand that is a requirement.

Fast forward to now, I have followed the instructions as per the Newbies thread. I have filed my AoS. Now I am writing my defence.

The 3 items in my defence

1. Lack of appropriate signage and illumination.
   First and foremost, this is the reason I was issued with the PCN in the first instance and I feel is the most important point.
   
   
2. Landowner authority
   There seems to be some contention from the business owners that they, as joint owners of the car park, were not consulted by Britannia Parking prior to the parking restrictions being put in place. I understand the manager from one of the restaurants is seeking legal action due to loss of business (who eats a meal and leaves a restaurant within 20 minutes?!).
   
   I will certainly question Britannia Parking's authority from the landowner as it has not been made clear.
   
   
3. Abuse of Process
   This I recently read about in a post from another member here (Taliessa) that is currently fighting under the same circumstances at the same car park. It was mentioned that because BW Legal are claiming vastly inflated charges above the initial penalty of £100, they are operating illegally.
   
   Under the Particulars of Claim (on the County Court Claim Form), it states the following charges are due:
   
   Amount claimed: £164.28
   Court fee: £25
   Legal rep's costs: £50
   Total amount: £239.28
   
   I understand that this is an abuse of process and the amount of money above cannot be legally claimed.
   
   I think it is also very important to bring this to the attention of the judge.

My draft defence - for comment and review

IN THE COUNTY COURT

CLAIM No: reference

BETWEEN:

Britannia Parking Group Limited (Claimant)

-and-

My name (Defendant)

________________________________________
DEFENCE
________________________________________

1. The Defendant denies that the Claimant is entitled to relief in the sum claimed, or at all.

2. The facts are that the vehicle, registration my reg, of which the Defendant is the registered keeper, was parked on the material date in a marked bay for use by customers of the Old Green Parade shops. The driver, who is not required by law to be named, parked the Defendant’s vehicle to use the shops for a period of one hour and ten minutes; fifty minutes longer than the permitted time of twenty minutes.

3. A contract was not knowingly entered into as the signage is poorly placed, difficult to read and, above all, not illuminated.The terms on the Claimant's signage are displayed in a font which is too small to be read from a passing vehicle, and is in such a position that anyone attempting to read the tiny font would be unable to do so easily. It is, therefore, denied that the Claimant's signage is capable of creating a legally binding contract.

4. It is unreasonable to expect that twenty minutes is sufficient time to use the shops and facilities in this location.

5. The Claimant is put to strict proof that it has sufficient proprietary interest in the land, or that it has the necessary authorisation from the landowner to issue parking charge notices, and to pursue payment by means of litigation.

6. The Protection of Freedoms Act 2012, Schedule 4, at Section 4(5) states that the maximum sum that may be recovered from the keeper is the charge stated on the Notice to Keeper, in this case £100. The claim includes an additional £64.28, for which no calculation or explanation is given, and which appears to be an attempt at double recovery and an Abuse of Process.

6. In summary, it is the Defendant's position that the claim discloses no cause of action, is without merit, and has no real prospect of success. Accordingly, the Court is invited to strike out the claim of its own initiative, using its case management powers pursuant to CPR 3.4.

I believe the facts contained in this Defence are true.

Name
Signature
Date

I am asking for expert advice on my Defence statement. I am entirely new to this process, so I have had to read a lot to get to this point. Please feel free to tear it apart as required and make suggestions. I am all ears!


Once again, thank you all :T

Redx

nowhere near long enough as the abuse of process paragraphs should be added, almost doubling the size of the defence

post the ISSUE DATE below please

and email a SAR to the DPO at Brit to get all docs, pics and data, include a scan or pic of the V5C or N1 form as proof of ID under GDPR


lastly , read the thread by IloveBritannia as they have just come out the other side, due to BRIT chucking the towel in just before court

KeithP

Is this now the third thread we have about this parking incident?