Sorry Britannia BW Legal PCN's

Dave2019

Hi I would just like to say after about 2 weeks of researching this forum, what a fantastic job everyone is doing on here to help us people sort out our parking fines so thankyou for the time and content you all put in.

Now I will make it quick because you are all probably sick of BW legal and britannia but I have few questions questions if possible that I cannot find the answers to on the NEWBIE Thread.

Firstly I have 5 pcns on consecutive days all from when I left the car and went to work so all about 7/8 hours. I have read the Sticky thread and ignored everything till now I have 2 LBCs through from about 2 weeks ago. I have the SAR and I have wrote to bw legal to hold the case, which they replied to as no, which I expected from the posts on here.

Can I win this on abuse of process and poor signage alone?

Also they were from an ANPR Camera which I didn't notice had moved about 20 metres up the road towards a junction (where I was parked on double yellows) I didn't notice the camera had moved and I was actually underneath it.

So am I actually entering the contract if I feel like I havent even entered the car park?

Also I know someone who done exactly the same thing as me and got two pcns which he has appealed and won. He has supplied me with all the evidence and documentation he sent and received.

Can I send this evidence in an acknowledgement letter to brittania or bw legal to try scare them off? Or is this illegal to use or just irrelevant to my case?

Any help appreciated will post everything as an when it happens. Thanks inadvance

Ralph-y

welcome to the forum ....


As you have LBC's you need to read up the newbies thread post #2 while you wait for further advice ...


"Can I win this on abuse of process and poor signage alone?"



who knows .... I thinks that yopu should use as many points as possible.


as in ...


1. No keeper liability, including Notice to Keeper errors (PoFA 2012)
2. The operator has not shown that the individual who it is pursuing is in fact the driver who was liable for the charge
3. No Contract to manage parking
4. Signage
5. Consumer Rights Act 2015
6. BPA Code of Practice breaches
7. Why Beavis doesn't apply in your parking event
8. ABUSE OF PROCESS

some of the above may not apply ... but should give a idea....




"Also they were from an ANPR Camera which I didn't notice had moved about 20 metres up the road towards a junction (where I was parked on double yellows)"


you need to contact the local council to find where the boundaries are ....




"Also I know someone who done exactly the same thing as me and got two pcns which he has appealed and won. He has supplied me with all the evidence and documentation he sent and received"



appealed to POPLA ... court ?


Ralph:cool:

The_Deep

[FONT=Times New Roman, serif]Nine times out of ten these tickets are scams, so consider complaining to your MP after the election, it can cause the scammer extra costs and work.

Parliament is well aware of the MO of these private parking companies, many of whom are former clampers, and on 15th March 2019 a Bill was enacted to curb the excesses of these shysters. Codes of Practice are being drawn up, an independent appeals service will be set up, and access to the DVLA's date base more rigorously policed, persistent offenders denied access to the DVLA database and unable to operate.

Hopefully life will become impossible for the worst of these scammers, but until this is done you should still complain to your MP, citing the new legislation.

[/FONT][FONT=Times New Roman, serif]http://www.legislation.gov.uk/ukpga/2019/8/contents/enacted[/FONT][FONT=Times New Roman, serif]

Just as the clampers were finally closed down, so hopefully will many of these Private Parking Companies.[/FONT]

Dave2019

Hi Ralph thankyou for the welcome and quick reply.

I will use the points you've shown that is a great help.

I will also contact the council to see where the boundaries are. I think my main defence will be that the camera has moved which I was completely unaware of, if it goes to court how can I obtain evidence of it being moved and would it even help?

Also I was either on or near double yellows can these parking firms even produce a ticket on double yellows? I thought it was just the council or please that could issue these? I was basically parked near a junction before an industrial estate which I thought was perfectly legal.

The signage is terrible so I can gather good photographic evidence.

Regards to the appeals won it was through the POPLA process I was hoping I could use this to contact britannia in my acknowledgement letter to see if they would drop I.

Thanks dave

Dave2019

So I have an update.

I rang the local council and they have confirmed where the boundaries are and unfortunately the driver wasnt parked on the local highway.

As stated above i was parked on double yellows, is it stupid to contest these? Or is it stupid to even ask this question 😂

Coupon-mad

Forget the DYL issue, you still have a case. Cars CAN stop for all sorts of reasons on DYL.

Can I win this on abuse of process and poor signage alone?

Yes. Read CEC16's thread and no asking us for a link!

Dave2019

Also I've discovered where the camera has been moved there is absolutely no signs at all surely this is a winner!?

Dave2019

Thanks coupon I won't don't worry I know where it all is your a star. There are no signs at all where I parked because the camera has moved. So I'm feeling more confident about this now. Last few questions please �� can I use my colleagues won POPLAs appeals for evidence would they have to be a witness or can they give me permission to use in court or would the judge not give a monkeys. I've contacted britannia to try get details of when the camera moved and what signs they think they have put up, hopefully they can give me some information.

Coupon-mad

You can use what you like as evidence but the stuff I used v Britannia on 11th is stronger than any POPLA decision about a completely different car.

I am encouraging you to run our case in a similar vein to the arguments I used, and the exhibits I used - along with your evidence of the lack of signs/moved camera.