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PCN / Britannia Parking & BW Legal

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  • moon_dustmoon_dust Forumite
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    Le_Kirk wrote: »
    I just asked Auntie Google and she said go HERE.

    That's great - many thanks!
  • KeithPKeithP Forumite
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    moon_dust wrote: »
    Does anybody know if there is a phone number that I can call to check if it has been received?
    It really is very simple.

    I know Le_Kirk has pointed you in the right direction, but you already have the CCBC's phone number. It is on your Claim Form.
  • moon_dustmoon_dust Forumite
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    KeithP wrote: »
    It really is very simple.

    I know Le_Kirk has pointed you in the right direction, but you already have the CCBC's phone number. It is on your Claim Form.

    I wasn't sure if there was a specific number I needed.

    Le Kirk kindly helped already (without the condescension) :wink:
  • moon_dustmoon_dust Forumite
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    Hello everybody.

    So finally I have received the court papers through, with a hearing set for 10th January. Currently building up my witness statement by following the guidelines/examples on here.

    I am also following Taliessa's thread on here as her case is identical to mine - same car park, same issues, same defence and court hearing 3 weeks before mine. We are in communication and both believe we have a very strong case.
  • moon_dustmoon_dust Forumite
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    I am currently trying to prepare my Witness Statement. The following is my work in progress so far:

    In the County Court at xxx
    Claim No. xxx
    Between
    Britannia Parking Group Ltd T/A Britannia Parking (Claimant)
    and
    xxx (Defendant)

    Witness Statement

    1. I am xxx, of xxx, xxx, xxx, the Defendant in this matter. The facts in this statement come from my personal knowledge. I will say as follows:

    2. On 17th November 2018, I visited a Greggs outlet for refreshments with my family, located at the Old Green Parade in New Milton, Hampshire, and parked my vehicle, registration xxx, in the customer car park.

    3. My vehicle was observed to have been parked for a total period of 1 hour and 10 minutes. Britannia Parking’s Automatic Number Plate Recognition (ANPR) system registered my arrival at 17:08 and my departure at 18:18. During this period there was no daylight and the car park was very poorly illuminated.

    4. At the time of parking, I was entirely unaware of any parking restrictions within the car park. I walked around the illuminated part of the car park, near to the shop fronts, and there was not a single sign giving notice of the parking restrictions. There was, however, a sign inside the Raj restaurant window stating “No Time Limit For Customer Parking”, which can be seen in Exhibit 1. Based on the lack of signage or a pay and display machine, I assumed that parking was free for customers using the local shops and facilities at this location.

    5. I received a letter in the post around 2 weeks after visiting the car park from Britannia Parking, with their Parking Charge Notice (PCN) enclosed. This was the first time that I realised that there were parking restrictions in place, that there was an ANPR system in use and that I was allegedly in breach of the Parking Contract. It was at this time only, not before, that I found out from this document that there is a 20 minute time limit at the car park.

    6. Upon receipt of the PCN from the Claimant, I appealed using their official appeals process, as directed in this notice. Please refer to Exhibit 2 for a copy of my original appeal letter. This process was rejected and a copy of the Claimant’s rejection letter is attached in Exhibit 3.

    8. In my appeal letter, I put the operator to strict proof as to the size of the wording on their signs and the size of lettering for the most onerous term, the parking charge itself. I put this operator to strict proof of where the car was parked and (from photos taken in the same lighting conditions) how their signs appeared on that date, at that time, from the angle of the driver's perspective. Equally, I required this operator to show how the entrance signs appear from a driver's seat, not stock examples of 'the sign' in isolation/close-up. I submitted that full terms simply cannot be read from a vehicle before parking and mere 'stock examples' of close-ups of the (alleged) signage terms will not be sufficient to disprove this. The Claimant has not provided sufficient evidence to prove the visibility of the signage in the car park.

    9. The initial rejection letter stated that I could also appeal independently using the POPLA appeals process. I followed up on this and issued my appeal to POPLA; a copy of which is attached in Exhibit 4. This was also rejected; a copy of the rejection letter from POPLA is attached in Exhibit 5.

    10. A contract was not knowingly entered into as the signage at the car park is poorly placed, difficult to read and, above all, not illuminated. It is, therefore, denied that the Claimant's signage is capable of creating a legally binding contract. Due to poorly placed, non-illuminated signage, my defence is that quite simply it cannot be expected that a driver can be made aware of the Parking Contract, based on the following observations and evidence:

    10.1. I entered the car park from the Southern entrance road. At this angle of entry to the car park, the signage was not visible. I refer to the video provided in Exhibit 6, at 51 seconds, where the entrance to the car park from the Southern entry road is visible and the signage to car park is facing away from the entrance.

    10.2. At the time of the alleged incident, there were no signs relating to parking restrictions in place near the shop fronts, where the illumination was provided. Within recent months, the signs within the car park have been moved to the shop fronts from the adjacent end of the car park near to the main road, which can be seen in the video provided as Exhibit 7. One can only assume this was done because it was realised that the signs were not visible to users of the car park and shops.

    10.3. From the perspective of a driver, using the parking bays opposite the shops, during the hours of darkness, the signs are not illuminated and quite simply not apparent or suitably visible. The video provided in Exhibit 7 is clear evidence of this.

    11. I have provided a map of the car park showing my position of entry and the parking bay used. I have also shown where the signs were installed. This information is provided in Exhibit 8.

    12. In an article published on 6th October 2019 in the New Milton Advertiser and Times - a copy is provided in Exhibit 9 - a story almost identical in every way to mine, in this case, is provided by a motorist, Mr Nippard, who appealed and lost, but later won in Court. Mr Nippard won his case against Britannia Parking at Court in Bournemouth based on identical points raised by myself in this Witness Statement.

    13. 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. I have included a copy of this article in Exhibit 10. Based on this information, 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.

    14. A further article published by the New Milton Advertiser and Times on 5th September 2019 details how there is no record of Britannia Parking applying for planning permission for the erection of the ANPR camera within the car park. This article also provides a clear photograph of the shop fronts prior to the signs being moved. A copy of this article is provided in Exhibit 11.



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

    Signature
    Date

    The above sums up my side of the 'story' but I have a few questions...

    Do I need to add anything regarding inflated costs and abuse of process? Or does this need to go into the skeleton appeal. Or do I not need to include any of this? I am a bit confused.

    Any advice greatly appreciated.

    Thanks.
  • Coupon-madCoupon-mad
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    Ooh it's Britannia! :D

    Read CEC16's thread right now...and go read post #14 of the abuse of process thread for the updated words and links to print as evidence. You need a supplementary WS about the Consumer Rights Act, et al, like at Southampton.
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  • edited 26 November 2019 at 9:58AM
    moon_dustmoon_dust Forumite
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    edited 26 November 2019 at 9:58AM
    Coupon-mad wrote: »
    Ooh it's Britannia! :D

    Read CEC16's thread right now...and go read post #14 of the abuse of process thread for the updated words and links to print as evidence. You need a supplementary WS about the Consumer Rights Act, et al, like at Southampton.

    Many thanks - will go look at this now!

    Just been and read CEC16's thread. Very interesting and excellent work!

    I have also just read post #14 on the AoP thread. Again, thank you very much for the detailed guidance. You mention that we can use the written section as a 'supplementary witness statement'. Probably a silly question, but how do I present this? Being supplementary I assume it will just be a separate document contained within my main WS - is it as simple as that?
  • FruitcakeFruitcake Forumite
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    Somebody else asked the same question this morning so should still be on page 1 of the forum, but I'm pretty sure the answer was to add it as a separate document. and just call it Supplementary Witness Statement.
    I married my cousin. I had to...
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  • FruitcakeFruitcake Forumite
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    In your defence you said the driver wasn't going to be named but have now done so in your WS? What was the reason for doing this?


    Also, I can't see any mention about the earlier advice about two different names that Britannia use, but I may have missed it or it may not be relevant.
    I married my cousin. I had to...
    I don't have a sister. :D
    All my screwdrivers are cordless.
    "You're Safety Is My Primary Concern Dear" - Laks
  • moon_dustmoon_dust Forumite
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    Fruitcake wrote: »
    Somebody else asked the same question this morning so should still be on page 1 of the forum, but I'm pretty sure the answer was to add it as a separate document. and just call it Supplementary Witness Statement.

    Thank you - will go look.
    Fruitcake wrote: »
    In your defence you said the driver wasn't going to be named but have now done so in your WS? What was the reason for doing this?

    Good question. I assumed that there was no reason to say that I was not the driver. Does it make a difference at this stage?
    Fruitcake wrote: »
    Also, I can't see any mention about the earlier advice about two different names that Britannia use, but I may have missed it or it may not be relevant.

    Another good point. It could be relevant. I have just checked my documents again and on the landowner agreement the PCN is named as Britannia Parking Services Limited (8187238) and on my court papers they are named as Britannia Parking Group Limited, which of course is slightly different. Will this be pertinent?
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