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PCN / Britannia Parking & BW Legal
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pm a board guide and get youir threads merged into one, and do not open any more threads unless its about a different incident and claim0
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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
I will look at the details for the Abuse of Process and add them accordingly.
I have already requested the SAR and Britannia have issued me some documents.
Thanks - I will look at the thread by IloveBritannia!Is this now the third thread we have about this parking incident?
This is my first post specific to my defence.
As stated in my original post, I know that another user (Taliessa) is also currently defending a case based on the same points at the same car park. I am following that thread with interest.
I have no idea about a third thread.0 -
then get this thread merged with the previous one, so that all the information is in one thread only, dont start any more threads0
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Here are your other two threads:
POPLA decision has incorrect/misleading info.
PCN / Britannia Parking & BW Legal
Aren't they both discussing the same incident?
I replied on one of those threads earlier this week.0 -
Apologies - yes they are both related to the same incident.
The first one related to an issue I had with POPLA and didn't think it was relevant to add to it.
The second one I agree, in hindsight, I should have added the above post to.
I will see if I can get the above merged into my second post.
Sorry.0 -
The issue date on the County Claim Form is 19th June 2019
That's over two weeks away. Loads of time to produce a good Defence, but please don't leave it to the last minute.
When you are happy with the content, your Defence should be filed via email as suggested here:-
Print your Defence.
- Sign it and date it.
- Scan the signed document back in and save it as a pdf.
- Send that pdf as an email attachment to CCBCAQ@Justice.gov.uk
- Just put the claim number and the word Defence in the email title, and in the body of the email something like 'Please find my Defence attached'.
- Log into MCOL after a few days to see if the Claim is marked "defence received". If not chase the CCBC until it is.
- Do not be surprised to receive an early copy of the Claimant's Directions Questionnaire, they are just trying to keep you under pressure.
- Wait for your DQ from the CCBC, or download one from the internet, and then re-read post #2 of the NEWBIES FAQ sticky thread to find out exactly what to do with it.
0 - Sign it and date it.
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With a Claim Issue Date of 19th June, and having done the Acknowledgement of Service in a timely manner, you have until 4pm on Monday 22nd July 2019 to file your Defence.
That's over two weeks away. Loads of time to produce a good Defence, but please don't leave it to the last minute.
When you are happy with the content, your Defence should be filed via email as suggested here:-
Print your Defence.
- Sign it and date it.
- Scan the signed document back in and save it as a pdf.
- Send that pdf as an email attachment to CCBCAQ@Justice.gov.uk
- Just put the claim number and the word Defence in the email title, and in the body of the email something like 'Please find my Defence attached'.
- Log into MCOL after a few days to see if the Claim is marked "defence received". If not chase the CCBC until it is.
- Do not be surprised to receive an early copy of the Claimant's Directions Questionnaire, they are just trying to keep you under pressure.
- Wait for your DQ from the CCBC, or download one from the internet, and then re-read post #2 of the NEWBIES FAQ sticky thread to find out exactly what to do with it.
Thanks! I really appreciate the help.
I have just requested for this thread to be merged.0 - Sign it and date it.
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Good morning everyone.
After some helpful advice, I have revised my defence. Please could the experts give it a once over?IN THE COUNTY COURT
CLAIM No: xxx
BETWEEN:
Britannia Parking Group Limited (Claimant)
-and-
name here (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 xxxx xxx, 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 1 hour and 10 minutes; 50 minutes longer than the permitted time of 20 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 20 minutes is sufficient time to use the shops and facilities in this location.
5. There are signs displayed within the window of the Raj restaurant which state “No Time Limit For Customer Parking”.
6. 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. The New Milton Advertiser published an article on Friday 22nd December 2017 which gives an account of the local shopkeepers who wrote to Britannia Parking to state that “this car park belongs to all the shopkeepers and for our customers’ use and nobody has a right to make any decision without all the shopkeepers’ consent”. This letter was stated to have been signed by representatives from 6 of the 9 shops there.
7. 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, which is an Abuse of Process. The Claim contains a substantial charge additional to the parking charge which it is alleged the Defendant is contracted to pay. This additional charge is not recoverable under the Protection of Freedoms Act 2012 Schedule 4 nor with reference to the judgement in Parking Eye v Beavis. It is an Abuse of Process for the Claimant to issue a knowingly inflated claim for an additional sum which it is not entitled to recover.
8. In a very recent case, District Judge Taylor, dismissed a case from BWLegal that included a false amount of £60. Claim reference is F0DP201T, District Judge Taylor, Southampton Court, 10th June 2019. This case was struck out as an Abuse of Process. This order was made by the Court of its own initiative without a hearing pursuant to Rule 3.3(4) of the Civil Procedure Rules 1997 and a party affected by the order may apply to have it set aside, varied or stayed not more than 7 days after the date the order was served upon that party.
9. 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
Many thanks!0 -
7 should be split.
you have two abuse of process claims. make them seprately then the claimant has more f a problem. You need to substantiate HOW this is an attempt at double recovery.0
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