UK parking patrol/ BW legal

Fruitcake

moneylion wrote: »

thanks Fruitcake .. so it could be (sorry if I am repeating you and being silly with clarification):

• £95 for costs (ie reasonably reach this at £19/hr research and other things) plus
  
• Unreasonably court process - 6 seconds could be counted as unreasonable? have you come across anyone successful with this? PLUS (?)
• My lost earnings on the day and stationery, car parking etc?

thanks have made para 9 clearer

I have added a little more to my previous post.

That has nothing to do with the court process. Not following the CPR, failing to file the relevant documents with the court at all or within the required timescales, failing to send the defendant copies of documents only sent to the court, adding on fake amounts not allowed by PoFA (see beamerguy's "abuse of process" thread etcetera is unreasonable court process.

KeithP

moneylion wrote: »

Hi Keith - thanks a lot for your instructions. Can I just check that the collective wisdom is to submit the defence closer to the 28 day expiry date ? I .e. if I have the defence ready, is it detrimental to submit it early - does it give the scamlitors some extra time to trick me into another scam or anything like that?

The only advantage in delaying the filing of a Defence is to give you time to be sure you have filed the best Defence possible.

Whenever you file your Defence, there is a fixed time that the Claimant has to notify the CCBC that they wish to continue - 28 days from being served your Defence by the CCBC.

moneylion

Coupon-mad wrote: »

and edit here:To evidence this alleged 37 seconds, the Claimant is relying upon two separate images from ANPR cameras, which is a system known for failure and even when 'working' the two cameras are not synchronised with each other to the last minute and certainly not to the second. Even the Police and their system manufacturers, have stated that their ANPR systems are only about 90% reliable. Thus a '37 seconds over ten minutes' allegation is absurd - de minimis at best, even if it is to be believed - and the Claimant is put to strict proof.

Hi Coupon-mad - just getting my defence ready and wanted to check if there is a god report from a publicly available source to take with me if I need to go to court regarding ANPR being 90% accurate ? I assume that all my defence points need to be able to relied upon (i.e. watertight) later in front of a judge

moneylion

Actually - sorry about the last post. I found a document called National ANPR Standards for Policing
and Law Enforcement

Its available here:
https://assets[dot]publishing[dot]service[dot]gov[dot]uk/government/uploads/system/uploads/attachment_data/file/806674/NASPLE_-_January_2019_.pdf

I think Section 8.7.4 is relevant i.e. that a system is considered ok if it is 95% accurate which also implies that the system cannot be 100% accurate and the 6 seconds overtime is irrelevant.

What do you reckon?

Ralph-y

a certain individual of the BPA admitted on TV that they are not 100% accurate .....


Ralph:cool:

moneylion

One more thing re my defence, UKPPO has not responded to the SAR request (well over 3 months now). I have complained to the ICO .. but should I be wording this into the defence or is it irrelevant ?

beamerguy

moneylion wrote: »

One more thing re my defence, UKPPO has not responded to the SAR request (well over 3 months now). I have complained to the ICO .. but should I be wording this into the defence or is it irrelevant ?

You can now report UKPPO to the ICO

As the information you require is important to your case, yes, you alert the judge of this

Le_Kirk

moneylion wrote: »

One more thing re my defence, UKPPO has not responded to the SAR request (well over 3 months now). I have complained to the ICO .. but should I be wording this into the defence or is it irrelevant ?

Probably better off in your Witness Statement.

nosferatu1001

WS indeed. State you attempted to gain documents but...

You could send them a Letter Before Action for the damages caused by their breach of the DPA2018. You claim £750, payable within 28 days, and include the dates of the letter(s)/email(s) you sent.

moneylion

Hi guys 
Update with regards to this fake charge. I was all set for Court date in May - even had a witness statement being drafted which I was going to post here. 

BW legal have sent me 2 letters - one which said they would reduce the cost down to £60 .. and I ignored it. I have now received a letter where they have informed the court that they discontinue the case. So a win but should I be counterclaiming for the all the wasted time, anxiety and effort they have caused me. They are obviously a slimey outfit trying to chance it whenever possible. 

Even though they have discontinued, can they suddenly open up the case again at a later date? 
help will be much appreciated. 
thanks