PCN escalated to Court proceedings **EDIT - I WON**

Littlewadie

Coupon-mad said:

Yes, send everything but you can merge PDFs into one PDF (it is easy using a free online PDF merger).

So am I reading it right that, I email everything to BW to submit to the court or I email to both the court & BW legal myself?

If the Order says that the legally represented party must submit an 'agreed bundle' then send it to BW. 

If not, you email it to the court with your phone number for the telephone hearing, then remove your phone number from the email, by forwarding a (phone number redacted) version of the same email and attachments to BW.

If it is a telephone hearing, put in the subject line:
FOR TELEPHONE HEARING - date, time of hearing & the claim number - Defendant's bundle

This is what my letter says: 

Littlewadie

This is what I have found from the 2014 Code Of Practice on charges:


19     Charges, and terms and conditions
19.1 When you issue a parking charge notice the charges you make have to be reasonable. This section explains what reasonable charges are.
19.2 In the Code ‘parking charges’ means charges arising from enforcement under three different circumstances:
• when a motorist breaks the terms and conditions of a parking contract • when a motorist trespasses by parking without permission • agreed charges that are advertised in the contract; for example, for an overstay.
 It does not mean the normal tariff fees for parking. These are a matter for the landowner and operator and are outside the scope of the Code. Your terms and conditions will include your normal tariffs for parking, plus any parking charges if the driver breaks the contract or commits a trespass.
19.3 If the driver breaks the contract, for example by not paying the tariff fee or by staying longer than the time paid for, or if they trespass on your land, they may be liable for parking charges. These charges must be shown clearly and fully to the driver on the signs which contain your terms and conditions.
19.4 If you want to enforce a parking charge notice under the keeper liability provisions of POFA 2012 you will need to show how you brought the requirement to pay parking charges to the attention of drivers. See paragraphs 2 (2) and (3) of Schedule 4.
19.5  If the parking charge that the driver is being asked to pay is for a breach of contract or act of trespass, this charge must be based on the genuine pre-estimate of loss that you suffer. We would not expect this amount to be more than £100. If the charge is more than this, operators must be able to justify the amount in advance.
19.6 If your parking charge is based upon a contractually agreed sum, that charge cannot be punitive or unreasonable. If it is more than the recommended amount in 19.5 and is not justified in advance, it could lead to an investigation by The Office of Fair Trading.
19.7 If prompt payment is made (defined as 14 days from the issue of the parking charge notice) you must offer a reduced payment to reflect your reduced costs in collecting the charge. This reduction in cost should be by at least 40% of the full charge.
19.8 If you are asked, you must be able to justify the level of parking charges to the AOS Board, a member of our compliance team or to their specified agent.  19.9 You should warn drivers that if they delay payment
beyond a payment period of 28 days, and you need to take court action or use debt-recovery methods to recover a debt, there may be extra ‘recovery’ charges for debt-recovery action. However, you do not need to say how much these recovery charges are in advance, on your signs or notices.
20  Parking charge notices
20.1 When a vehicle is parked in a private car park, the normal rule is that the driver is responsible for paying the tariff fee (if any) for parking, for following the terms and conditions which apply, and for paying any parking charges.
 Because of the difficulties of identifying who drivers are and where they live, the law in England and Wales now allows car park owners and operators to recover unpaid parking charges from registered vehicle keepers, or, where relevant, from vehicle hirers.
20.2 Schedule 4 of POFA 2012 creates the new legal basis to claim unpaid parking charges from vehicle keepers and hirers. As long as the strict conditions of Schedule 4 are met, you may claim payment from the keeper or the hirer of the vehicle rather than from the driver. To do this you need to follow the procedures set out in the Schedule. You can do this whether the parking originally took place under the terms of a contract or was an act of trespass.
20.3 You can find more information on the procedures in Schedule 4 of POFA, which is set out in full in Appendix C of the Code.
20.4 The parking charge notice is the document you:  
• give to drivers, or attach to their vehicle windscreen, to tell them they have broken your terms and conditions and are now liable for parking charges, or • send to vehicle keepers asking them to pay the parking charges, if you do not have the driver’s details, or • send to vehicle hirers, asking them to pay the parking charges, if you discover that the vehicle was rented.
 POFA 2012 refers to the ‘Notice to Driver’, the ‘Notice to Keeper’ and the ‘Notice to Hirer’. All are types of parking charge notice.
20.5 When issuing a parking charge notice you may use photographs as evidence that a vehicle was parked in an unauthorised way. The photographs must refer to and confirm the incident which you claim was unauthorised. A date and time stamp should be included on the photograph. All photographs used for evidence should be clear and legible and must not be retouched or digitally altered.

nosferatu1001

Pretty obvious 
g) 
tells you clearly that the represented party is responsible 
that's the claimant as they're using a solicitor, yes? That's the represented bit

Fruitcake

Littlewadie said:

This is what I have found from the 2014 Code Of Practice on charges:


19     Charges, and terms and conditions
19.1 When you issue a parking charge notice the charges you make have to be reasonable. This section explains what reasonable charges are.
19.2 In the Code ‘parking charges’ means charges arising from enforcement under three different circumstances:
• when a motorist breaks the terms and conditions of a parking contract • when a motorist trespasses by parking without permission • agreed charges that are advertised in the contract; for example, for an overstay.
 It does not mean the normal tariff fees for parking. These are a matter for the landowner and operator and are outside the scope of the Code. Your terms and conditions will include your normal tariffs for parking, plus any parking charges if the driver breaks the contract or commits a trespass.
19.3 If the driver breaks the contract, for example by not paying the tariff fee or by staying longer than the time paid for, or if they trespass on your land, they may be liable for parking charges. These charges must be shown clearly and fully to the driver on the signs which contain your terms and conditions.
19.4 If you want to enforce a parking charge notice under the keeper liability provisions of POFA 2012 you will need to show how you brought the requirement to pay parking charges to the attention of drivers. See paragraphs 2 (2) and (3) of Schedule 4.
19.5  If the parking charge that the driver is being asked to pay is for a breach of contract or act of trespass, this charge must be based on the genuine pre-estimate of loss that you suffer. We would not expect this amount to be more than £100. If the charge is more than this, operators must be able to justify the amount in advance.
19.6 If your parking charge is based upon a contractually agreed sum, that charge cannot be punitive or unreasonable. If it is more than the recommended amount in 19.5 and is not justified in advance, it could lead to an investigation by The Office of Fair Trading.
19.7 If prompt payment is made (defined as 14 days from the issue of the parking charge notice) you must offer a reduced payment to reflect your reduced costs in collecting the charge. This reduction in cost should be by at least 40% of the full charge.
19.8 If you are asked, you must be able to justify the level of parking charges to the AOS Board, a member of our compliance team or to their specified agent. 
19.9 You should warn drivers that if they delay payment beyond a payment period of 28 days, and you need to take court action or use debt-recovery methods to recover a debt, there may be extra ‘recovery’ charges for debt-recovery action. However, you do not need to say how much these recovery charges are in advance, on your signs or notices.
...

In 2014, additional charges had to be mentioned on the signage. Were they?

Littlewadie

nosferatu1001 said:

Pretty obvious 
g) 
tells you clearly that the represented party is responsible 
that's the claimant as they're using a solicitor, yes? That's the represented bit

I thought so, but it just seems weird to me, to send to BW, and then BW to send to the court, I am not trusting enough to believe they would send it all. But I will.

Littlewadie

Fruitcake said:

Littlewadie said:

This is what I have found from the 2014 Code Of Practice on charges:


19     Charges, and terms and conditions
19.1 When you issue a parking charge notice the charges you make have to be reasonable. This section explains what reasonable charges are.
19.2 In the Code ‘parking charges’ means charges arising from enforcement under three different circumstances:
• when a motorist breaks the terms and conditions of a parking contract • when a motorist trespasses by parking without permission • agreed charges that are advertised in the contract; for example, for an overstay.
 It does not mean the normal tariff fees for parking. These are a matter for the landowner and operator and are outside the scope of the Code. Your terms and conditions will include your normal tariffs for parking, plus any parking charges if the driver breaks the contract or commits a trespass.
19.3 If the driver breaks the contract, for example by not paying the tariff fee or by staying longer than the time paid for, or if they trespass on your land, they may be liable for parking charges. These charges must be shown clearly and fully to the driver on the signs which contain your terms and conditions.
19.4 If you want to enforce a parking charge notice under the keeper liability provisions of POFA 2012 you will need to show how you brought the requirement to pay parking charges to the attention of drivers. See paragraphs 2 (2) and (3) of Schedule 4.
19.5  If the parking charge that the driver is being asked to pay is for a breach of contract or act of trespass, this charge must be based on the genuine pre-estimate of loss that you suffer. We would not expect this amount to be more than £100. If the charge is more than this, operators must be able to justify the amount in advance.
19.6 If your parking charge is based upon a contractually agreed sum, that charge cannot be punitive or unreasonable. If it is more than the recommended amount in 19.5 and is not justified in advance, it could lead to an investigation by The Office of Fair Trading.
19.7 If prompt payment is made (defined as 14 days from the issue of the parking charge notice) you must offer a reduced payment to reflect your reduced costs in collecting the charge. This reduction in cost should be by at least 40% of the full charge.
19.8 If you are asked, you must be able to justify the level of parking charges to the AOS Board, a member of our compliance team or to their specified agent. 
19.9 You should warn drivers that if they delay payment beyond a payment period of 28 days, and you need to take court action or use debt-recovery methods to recover a debt, there may be extra ‘recovery’ charges for debt-recovery action. However, you do not need to say how much these recovery charges are in advance, on your signs or notices.
...

In 2014, additional charges had to be mentioned on the signage. Were they?

They state the £100, but they only say debt recovery costs may be incurred and also administration fee may apply for all payments.
Yet they sent a computer generated copy of the supposed sign that is different to mine in situ, theirs sates 'additional cost of £50 may be incurred', which they have graciously said they will drop from the £60 they have charged me to £50, due to an administrative error they have incorrectly request £60!

Littlewadie

Now I have noticed on the evidence of car number plates, the incoming image looks correct but upon leaving the carpark it was dark and the image is very grainy but it looks like the same image from the incoming photo, my license plate looks white but it should be yellow. 
Can anyone shed some light on that? is it irrelevant or have they falsified the image?

Coupon-mad

We've seen that before and yes, it's worth suggesting that the VRM looks photoshopped.

But your first point is they shouldn't have ticketed a BB holder at all (as per the old BPA CoP) and that PP Legal sent you some shocking demands whilst this litigation was in progress.

Put those letters in the bundle along with everything else and email the lot to BW Legal.

Don't forget to also email your phone number to the court.

Ralph-y

re the picture ... try ...

How do I view metadata in a JPEG?

Right-click the JPG file, select "Properties" and then click the "Details" tab. Although not as vast as viewing all Exif data, the resulting list contains important data, such as dates, camera settings, GPS, resolution, bit depth, size, user tags and the Windows account owner.

may help

Ralph

nosferatu1001

You have pointed out the sign they are claiming is there, clearly isnt the one thats there? In your WS? 
Yes you send it to BW legal. On the day you take proof of what you sent to BW and if there are any issues - not everythig you sent was included in the bundle they sent to the court - you ensure this is proven in court, try to get their claim kicked out for breach of court order - and a serious one, one which must disadvantage you the defendant - and complain to the SRA. 
I would be shocked if they tried to play games in this way.