BW Legal Court Hearing NHS staff

Ralph-y

https://forums.moneysavingexpert.com/discussion/4816822/newbies-private-parking-ticket-old-or-new-read-these-faqs-first-thankyou




Ralph:cool:

Le_Kirk

When you get to where Redx and Ralph-y have pointed you, look for this: -

IMPORTANT - KNOW WHAT YOU MUST DO AND BY WHEN!

Here is a walk-through the process from defence onwards (i.e. AFTER acknowledgement of service) by Loadsofchildren123:

https://forums.moneysavingexpert.com/discussion/comment/72244727#Comment_72244727

Here's a summary from bargepole of what happens when, what you MUST do in time, re the paperwork & deadlines:

https://forums.moneysavingexpert.com/discussion/5546325

Toddygirl

I am going to email the DVLA and BPC 're breaching terms of AOS by using DVLA data, breaching the requirements of the POFA in pursuing registered keeper (via debt collection) having failed to serve in time a Notice to Keeper and demand charge to be withdrawn. (This was on another thread).

Toddygirl

Do you think it's better to have the case heard at the Small Claims Court in the town where the PCN was given, as they may be more familiar with Britannia parking and BW Legal, or my home base on the Isle of Wight?

Redx

always your home town or city

not sure what your earlier post #14 is talking about or why

and its BPA not BPC

and its a SAR to the DPO at Britpark to get all their data etc

not sure what you mean about breaching POFA

any breach is possibly the DPA under GDPR, which I do not think has happened here anyway ?

dont just chuck unfamiliar terms around , set a goal for each and every statement as to what you think has happened and what laws if any have been broken, preferably with proof

KeithP

Toddygirl wrote: »

Do you think it's better to have the case heard at the Small Claims Court in the town where the PCN was given, as they may be more familiar with Britannia parking and BW Legal, or my home base on the Isle of Wight?

Redx wrote: »

always your home town or city

As Redx says, and especially as Newport (IoW) County Court has recently made some very favourable decisions for the motorist.

See this:

Judges have disallowed all added parking firm 'costs' in County courts up and down the Country. In Claim number F0DP201T on 10th June 2019, District Judge Taylor sitting at the County Court at Southampton, echoed an earlier General Judgment or Order of DJ Grand, who on 21st February 2019 sitting at the Newport (IOW) County Court, had struck out a parking firm claim.

Toddygirl

Already obtained SAR showing no paperwork received until Nov 17, to temporary address or to home base. Date of alleged offence 1 August 2017.
I'm really struggling with all of this, sorry if I get things wrong. I'm reading so many different threads and points of view it's difficult to weed out what applies to my case. I've spent all day reading examples, my eyes have dried up!! ����

Redx

in that case you should see a nurse , lol

POFA is not mandatory, BUT if they have failed POFA then there is no keeper liability , this applies be it timescales , wording or both

nb:- they do not have to follow POFA, but must then try to prove the actual driver and their failures under contract law and any rules and under the BPA CoP etc (the BPA is the trade body they signed up with)

if you have divulged who the driver was then you can forget all about POFA and the long timescale because they had up to 7 months to send the driver the pcn , POFA only protects a keeper , it does NOT protect a driver

the BPA may be interested in any breach of their CoP, but wont care if Brit do or dont use POFA, because it is not mandatory

any dvla email is to find out when your details were accessed and by who (if at all)


your defence has already been filed, so cannot be altered (it actually looks like a WS , not like a defence, but it is what it is)

Toddygirl

Yes I saw that......

Toddygirl

Thanks again, yes I think they know I am the Keeper and the Driver as the Parking Permit is in my name for my previous accommodation. So going down that route is not an option. However I wasn't given the opportunity to appeal as the 28 day wundow had long gone by the time I received any correspondence from BP. So shall I just stick to my previous defence and follow the guidelines on the thread 're the Court Hearing?