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County Court - Britannia - ANPR - Free 2 Hrs

edited 30 November -1 at 1:00AM in Parking Tickets, Fines & Parking
20 replies 478 views
fonnyjfonnyj Forumite
8 posts
edited 30 November -1 at 1:00AM in Parking Tickets, Fines & Parking
Hi Guys,

Just following the Newbie guide, i have received a claim form from Britannia for £220 including all the extras totalling £386.71 (with court fee £35 Legal reps costs £50 Contractual costs £60 and interest £21.71) regarding multiple PCNs between dates in 2017 and 2018.

The Claim issue date was the 13th May - I have sent the AOS today, as well as a SAR to Britannia, and an email to BW Legal letting them know (As per the guide)

I have also emailed the branch manager at Waitrose, who back in 2017 overturned a ticket that was wrongly issued. Im not sure on the details of all the tickets, whether they are including the previously overturned ones, or if they were from after that date? I have recieved letters from Britannia / BW Legal, but ultimately ignore them.

The car park is a Waitrose store car park offering 2 hours free parking, there is no ticket machines at all or any stipulations such as retrieving a receipt etc.They used to have attendants patrolling, but in recent times they have adopted the ANPR system.

As usual there is poor signage etc.

Not really sure on how to defend currently without seeing all the SAR details. It is a very local store from both home and work, so it is used frequently. for the maximum of 2 hours if not sometimes nipping in and out.

Any advice surrounding the whole ANPR - no ticket required, free parking for 2 hours situation as i couldn't seem to find something similar?

Kind regards :T
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Replies

  • UmkomaasUmkomaas Forumite
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    Read the following thread. Your can learn how to bat off their advances and work to get them to capitulate.

    https://forums.moneysavingexpert.com/showthread.php?t=5999048

    BRITANNIA or NCP or PREMIER PARKING or TPS / BW LEGAL CASES

    As you will see from the first few pages of the forum, there is an onslaught by BWL on behalf of Britannia, NCP, Premier Parking or TPS (and a few other hitherto court-shy PPCs) which is being conducted on an industrial scale - roboclaims.

    You are caught in a one-way traffic flow where you must fight or pay - there is no longer a safe 'do nothing' option.

    1. Pay now, it costs you exactly what they are currently demanding.
    2. Ignore it, a 'judgment in default' will inevitably follow for at least what they want - maybe with even more costs added; continue to ignore that, you're getting a CCJ with credit crushing consequences for 6 years.
    3. Defend, yet lose in court, the cost award is likely to be noticeably less than their current demand ~£175.
    4. Defend, and win in court, you owe them nothing and you could claim up to £95 for half a day's pay/loss of annual leave, plus travel costs @45p per mile, plus your parking cost for the day.

    Your least costly option has to be 3, with hopefully a win as per 4.

    But BWL/and the PPC cannot physically take everyone to court, and there is evidence to show that with a well constructed defence, BWL can come along with a reduced 'offer to settle', which if refused, becomes a discontinuation. We can't give you guarantees on that, but as you have little choice other than to defend (if you don't want to pay), you need to give this your very best shot.

    Whether you have a good defendable case to argue, you will need to read other similar cases at the defence (or beyond) stage and learn from those.

    This next thread is an important one in relation to Britannia (only). Britannia are issuing claims under the name of a different legal entity to the one issuing the PCN - and this can be extremely useful in any defence preparation.

    https://forums.moneysavingexpert.com/showthread.php?t=5915842

    ROBOCLAIMS - HOW BWL OPERATE

    You might find it useful to understand how BWL operate - as I have surmised from the hundreds of different threads I've read involving BWL.

    Other than the auto acknowledgements and template letters, you will get nothing sensible from BWL - they are dealing with literally hundreds of thousands of unpaid parking charges and are spewing out various threatening letters, using a conveyor belt approach to go through a computer controlled process towards a LBC, and a MCOL Claim - and it is really only at the final stages, as a court hearing becomes a possibility, that there's any real human intervention.

    You need to understand that you're not dealing with an old fashioned firm of solicitors, just progressing from a quill and ink operation, BWL are industrial harvesters of debt, using the equivalent of massive farming machinery to do their work. This is what their website tells you:
    A multi-award winning law firm specialising in volume collections, across both regulated and unregulated sectors, who are dual regulated through the FCA and SRA.

    We employ around 265 people at our Leeds based office which in turn makes us the largest privately owned debt collection law firm in the UK.

    Of that number, BWL employ only 6 qualified solicitors.

    http://solicitors.lawsociety.org.uk/organisation/people/532848/bw-legal-services-ltd?Solicitors=True
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask.
    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.
  • KeithPKeithP Forumite
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    fonnyj wrote: »
    I have received a claim form from Britannia...

    The Claim issue date was the 13th May - I have sent the AOS today...
    With a Claim Issue Date of 13th May, and having done the Acknowledgement of Service in a timely manner, you have until 4pm on Monday 17th June 2019 to file your Defence.

    That's a whole month away. Loads of time to produce a perfect Defence, but 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.
    1. Sign it and date it.
    2. Scan the signed document back in and save it as a pdf.
    3. Send that pdf as an email attachment to [email protected]
    4. 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'.
    5. Log into MCOL after a few days to see if the Claim is marked "defence received". If not chase the CCBC until it is.
    6. Do not be surprised to receive an early copy of the Claimant's Directions Questionnaire, they are just trying to keep you under pressure.
    7. 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.
  • UmkomaasUmkomaas Forumite
    28.2K posts
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    Here’s a recent thread where multiple tickets had been issued at a Waitrose store and where pressure applied to Waitrose by the individual saw all tickets cancelled. You can get many clues from it in terms of your complaints to Waitrose.

    So in parallel with dealing with the claim, get your hooks into Waitrose too, and hopefully get the whole shooting match killed off.

    https://forums.moneysavingexpert.com/showthread.php?t=5985916&highlight=waitrose+multiple
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask.
    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.
  • fonnyjfonnyj Forumite
    8 posts
    Hey everyone, so an update.

    I obviously acknowledged the claim straight away, and then requested from Brittania a SAR which they provided, showing 8 occasions including several older ones which were already disputed and cleared with Waitrose (These were not even ANPR tickets)

    I went into the store and spoke with the Deputy Store Manager, who was very understanding and told me they would try to sort the issue. Early last week, i had not heard back from them so i went in again and spoke to the same lady, who advised me that they were clearing all of the fines. She has spoken with the store manager, and that they had requested via email to Britannia, to revoke the claim against me. I checked the money claim system today and can see that there has been no change after my AOS. I spoke again with Waitrose today, where i spoke with the store manager, who has informed me again that they have told Brittania to revoke the claim, but the process often takes time as they have to formally request via email.

    Should i simply write a simple defence, stating what i have been advised by the Deputy and Store Managers that they have requested the claim to be stopped?

    Any advise would be greatly appreciated as i believe i have until Monday now to put this defence in. I know i have left it late, but i was expecting this to have been cancelled.

    Thanks!
  • waamowaamo Forumite
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    Can you get an email from the manager saying they have told Britannia to cease the claim?

    That will count for a lot more than a "he said, she said" situation.
    This space for hire.
  • KeithPKeithP Forumite
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    You need to file a Defence.

    If you do not, and Britannia apply for a Default Judgment, you will have great difficulty in unravelling it.

    Failing to file a Defence would be silly unless you have notice of a case discontinuance.
  • edited 14 June 2019 at 5:59PM
    RedxRedx Forumite
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    edited 14 June 2019 at 5:59PM
    better to submit the defence and have them discontinue due to the landowner putting pressure on them , instead of paying £255 for a set aside and fighting to get the claim cancelled

    there is nothing to be gained by waiting for a cancellation and missing the defence deadline which KeithP has already given you

    plus get the landowner/manager to email or write to you supporting your case as a WS in case its needed down the line (but its not required at this moment in time)
    Newbies !!
    Private Parking ticket? check the 2 sticky threads by coupon-mad and crabman in the Parking Tickets, Fines & Parking Board forum for the latest advice or maybe try pepipoo or C.A.G. or legal beagles forums if you need legal advice as well because this parking forum is not about debt collectors or legal matters per se
  • KeithPKeithP Forumite
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    Redx, I would go as far as to say that having decided not to file a Defence, applying for a set aside in this situation would be futile.

    What do you think?
  • waamowaamo Forumite
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    KeithP wrote: »
    Redx, I would go as far as to say that having decided not to file a Defence, applying for a set aside in this situation would be futile.

    What do you think?

    I agree. If you fail to file a defence it would be game over.
    This space for hire.
  • fonnyjfonnyj Forumite
    8 posts
    Hi Guys,

    thanks for responding. I was not suggesting that i should not file a defence. I was leaning more towards what i need to write with regards to the defence that i send.

    I have until Monday 4pm i understand. I was specifically told from the Store Manager to put his and the Deputy's name on the defence if this is the case.

    How formal, or specific does the defence need to be, should i follow guidelines etc, or can it be a simply... "I have been informed by such a body on such date that this is to be cancelled"

    Thanks
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