Letter of Claim by BW LEGAL

Coupon-mad

Is the Pope Catholic?!!

You have read CEC16's thread, yes, so why would anyone NOT use it?!

ajbeats17

I will say yes he is ��.

Thanks

ajbeats17

So my hearing is this week. Having read through the claimants witness statement their main points are:

1.Formation of contract: unilateral offer means their is no need to communicate their acceptance.
2. Refer to case Vehicle Control Services Limited v Alfred Charles Crutchley (2017) where court confirmed the user should familiarise themselves with T&C’s.
3. State I did NOT appeal prior to court proceedings, which is false and I have proof of their email receiving my original appeal.
4. State claimant wouldn’t have known my details and obtained them from the DVLA, which is false because I gave them my details when I appealed.
5. Refer to ParkingEye v Beavis, concluding £100 is a reasonable sum.
6. Claim my defence is plagiarised from the internet, as such should be subject to cross examination if not proved.
7. My primary position as leaseholder should be dismissed in its entirety due to no tangible evidence being provided.
8. Possession of key fob proves nothing, as a lodger could have possession.
9. Cost of recovery being £60, were agreed by me due to parking in the car park.
10. I am liable because I haven’t denied being registered keeper, parking the vehicle in the car park and therefore I did breach by not displaying a valid permit.

Quite shocking really, as they lied about me not appealing, I did. And that they got my details from the DVLA without providing any proof, when it is highly likely the used the details I gave them!

What are the thoughts for this defence?

Le_Kirk

Having read through their defence their main points are:

Whose defence are you reading through?

ajbeats17

Sorry, I have edited the post. It is the claimants witness statement.

KeithP

ajbeats17 wrote: »

And that they got my details from the DVLA without providing any proof, when it is highly likely the used the details I gave them!

Confirm your suspicion by asking the DVLA.

From time to time Umkomaas writes:

You should email the DVLA and ask which organisations (when and for what reason) accessed the registered keeper's data from them between a range of dates which includes the date(s) of the parking incident(s). You need to provide the registered keeper's full name and address, the address on the V5C logbook and the Vehicle Registration Mark of the vehicle involved in the parking incident.

SubjectAccess.Requests@dvla.gov.uk

This service is free of charge.

Even though you email your request, the DVLA will respond via Royal Mail.

Send that email today. You may have a response before your hearing.

Le_Kirk

ajbeats17 wrote: »

Sorry, I have edited the post. It is BW legal’s witness statement.

In which case it is the standard tosh that BW Legal trot out about on-line defences etc. Nothing wrong with getting help from anywhere. Before t'Internet people still posted defences that had been used before, doesn't make them wrong!

ajbeats17

I won’t receive that in time will I. It is midweek.

KeithP

ajbeats17 wrote: »

I won’t receive that in time will I. It is midweek.

If you don't send the email, you definitely won't get a response.

Why did you ask that question?

Send it. Who knows when you'll get a response.

ajbeats17

Yes sent.

Do they need to prove they DID get my details from the DVLA?

Also, if they have flat out lied can I disprove it even though it isn’t evidence I’ve already submitted?