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

Coupon-mad

No, that is fine.   Did you get proof of posting the paper copy - staple that to your copy, in your bundle, in case it does go to a hearing and if the Claimant's rep tries saying that they were never served with your WS & evidence!

Littlewadie

Yes I got proof of postage.
Well I got their bundle of twoddle in the post today, there is a lot of stuff in it, 50 pages to be honest, I have read through it and honestly some of the stuff in there is annoyingly inaccurate, and basically stating that it is irrelevant that I was a disabled driver or where I was parked, I would of drove past SEVERAL signs to park, there were 4 in total, of which I passed 2 one of which was the entrance which was not in front of you but to the left by several meters, and they state it was my responsibility to look for signs, they never got my appeal and have asked if I can produce proof of postage but yet attack me for not receiving their letters earlier last year but never offered proof of postage either. that it states on the signs they add the extra charge but on my photo it says no such thing, our signs do not match, they say they are in line with the BPA code of practice which they are a member of  and adhere to said code of practice, they have sent evidence of what they have sent, which most of it is correct and I have copies of but what I find funny is if they didn't get my appeal letter and they had not been told about who the driver was, I never received a Notice to keeper?? only the original PCN & a reminder.
 This of which they state they contacted me a number of times, so said 2 letters is a number of times!! the appeal I sent was posted to them on a Saturday so would not of got till Monday poss Tuesday and they sent me a reminder on the Wednesday, of which I ignored as I had just sent my appeal and just figured they had not processed it yet, I then sent a further letter 3 weeks later as I had not heard anything. then nothing until last year. now they are saying I should of phoned them, when on the paperwork it says you can not speak to them over the phone about it?
It also states I received multiple emails & text messages that I had said that, but I said no such thing, it states that I got a text messages saying to contact bw legal with regards to a personal matter which I thought was a scam, as I got emails, calls & texts from multiple places that were bogus companies so thought this was no different, so I blocked them.
It says I admitted to correspondence received from BW before legal proceeding being issued, I DID NOT SAY THAT EITHER....
It says I have had emails.. again I DID NOT GET ANY EMAILS.. I never gave out my email address or telephone number to premier or anyone, they have not added proof of these emails with dates & times or of the text messages.
They replied to my statement that my visors were down as the sun was low in the sky so the signs were not visible due to the sign positioning high up, by saying I should of slowed down or stopped if I was dazzled by the sun, I mean at what point did I say that? The visors were down to stop being dazzled,  Also that I can not blame premier park for the position of the sun.
It also states that my medical condition does not retract from the validity of the PCN. 
All my comments are irrelevant as the claimants claim was issued in accordance with section 5 of the limitations act 1980.
I am a little annoyed and upset now, I was in a good place and happy with my witness statement and feel they twisted most of what I said in the defence, I hope I fare better after everyone's help with my Witness statement, fingers crossed I get a NoD otherwise I may make myself ill with worry.

Coupon-mad

Littlewadie,  everything you described is a template that they use all the time!

They have tweaked it with a few details, that's why their template evidence says things like emailing you when (you told us) they didn't even have your email address.  Nothing sounds worrying about that at all and they always send 50 pages or so.

Littlewadie

You have no idea how much that has put me at ease, I will keep reading all of my WS and go over the legal points so I am not going in blind, I have looked up the specific points you made and do admit some of it is daunting but I will not give up now, I have come this far...
I will keep you all informed, again your help has been priceless and I can not thank you enough for taking the time to help others, I only hope I can offer the same one day to someone in need.

Littlewadie

Ok, So I know you said I would receive letters and such offering a settlement but does that include another company?
I received a letter this morning from a different debt collection agency PP Legal, saying they have been instructed by premier Park ltd to obtain payment from me, they say I owe the £170. If I do not pay within 14 days, they will commence proceedings before the civil court.
Am I being stupid here or is there something I am not aware of, surely proceeding have already started and I can not be taken to court twice?

Umkomaas

PP Legal are just part of Premier Park Ltd. They're just upping the ante attempting to pressurise you (in a pincer movement with BWL) to make you pay up as the case comes to a climax as court looms. Just ignore them. 

Like CM above, I suspect a discontinuation is around the corner. 

Coupon-mad

Littlewadie said:

Ok, So I know you said I would receive letters and such offering a settlement but does that include another company?
I received a letter this morning from a different debt collection agency PP Legal, saying they have been instructed by premier Park ltd to obtain payment from me, they say I owe the £170. If I do not pay within 14 days, they will commence proceedings before the civil court.
Am I being stupid here or is there something I am not aware of, surely proceeding have already started and I can not be taken to court twice?

Wow!

Hang on, you are about to attend a hearing of a case filed for PP by BW Legal, and yet PP Legal have sent you a letter about the same PCN?     Is it the same PCN ref?

Littlewadie

Coupon-mad said:

Wow!

Hang on, you are about to attend a hearing of a case filed for PP by BW Legal, and yet PP Legal have sent you a letter about the same PCN?     Is it the same PCN ref?

Yes same reference number.

Coupon-mad

OK don't reply to that. 

Let them dig themselves a hole, and then when you win your case you can send them a ''sod off before I report you to the ICO for wrongful processing of data'' reply!

Littlewadie

Coupon-mad said:

OK don't reply to that. 

Let them dig themselves a hole, and then when you win your case you can send them a ''sod off before I report you to the ICO for wrongful processing of data'' reply!

Great, I was hoping it was more of a "its gonna look bad for them" kinda thing, I will ignore, thanks.
As always I will keep you posted.