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

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  • Coupon-mad
    Coupon-mad Posts: 152,309 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Well I would take it to court with you in your bundle, and use it as more evidence of their unreasonable conduct when you claim your costs and the Judge asks you in what ways are you saying the Claimant has been unreasonable (cue a long list!).
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • Littlewadie
    Littlewadie Posts: 124 Forumite
    100 Posts Photogenic Name Dropper
    Ha, I know, the list keeps growing, hopefully they will see that and have no need to go to court.
    One this that is apparent on my latest Demand, is that they have a section in it now that states

    LEGITIMATE NATURE OF PARKING CHARGE NOTICES
    Th supreme court case of Parkingeye ltd v Beavis (2015) UKSC 67 confirmed the lawfulness of parking charge notices based in contract and their recoverability in civil law. Prior to this case being decided there had been a common misconception that such charges were unrecoverable. The law is now clear. 

    BW also referred to this in their statement, stating they were entitled to charge £100, no mention of the £60 in that paragraph, but later says it was a clerical error and should be £50 as per the signs, the picture I took with a tape measure does not have this charge on it. it only says it may charge but has no figure noted.
  • nosferatu1001
    nosferatu1001 Posts: 12,961 Forumite
    10,000 Posts Third Anniversary Name Dropper
    In which case you point out
    - their witness is misleading the court
    - here are your time and dated photos showing that this sign DOES NOT appear there
    - the claimants bundle is obvously a poor copy and paste, full of errors, and therefore you cant decide if their wrong sign is incompetence or deliberately trying to mislead the court. You ask that the court treats the witness statewment from the claimant with little weight, especially as their witness isnt here to be cross examined on these obvious errors. 
  • Littlewadie
    Littlewadie Posts: 124 Forumite
    100 Posts Photogenic Name Dropper
    Ok guys, just got a lengthy 11 page supplementary witness statement from BW discrediting everything in mine, do I do the same picking apart theirs? 
    On top of this the covering letter has now upped the claim amount from £269.42 to £294.42 can they do this.
    Do you want me to upload their statement? They discredit this site basically saying I copied and pasted from a site that assists people and are therefor nonsensical and irrelevant to the claim.... and is unacceptable given I endorsed it with a statement of truth whilst clearly not being within the defendants own knowledge.
  • Le_Kirk
    Le_Kirk Posts: 24,625 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    I would of drove past SEVERAL signs to park
    Did they really print that?  It should, of course be: -
    I would have driven of drove past passed SEVERAL signs to park
  • Littlewadie
    Littlewadie Posts: 124 Forumite
    100 Posts Photogenic Name Dropper
    edited 18 March 2020 at 11:45PM
    Le_Kirk said:
    I would of drove past SEVERAL signs to park
    Did they really print that?  It should, of course be: -
    I would have driven of drove past passed SEVERAL signs to park
    No sorry the exact wording in the statement is: she would had to drive past the entry sign and several other signs located at the same.
  • Littlewadie
    Littlewadie Posts: 124 Forumite
    100 Posts Photogenic Name Dropper
    edited 18 March 2020 at 11:25PM



    This I guess is their landowner agreement, can I pull this to bits on the fact that they state they will comply with the BPA Code Of Practice and I have proved they haven't?
    Also additional information is redacted, is that because it isn't relevant or hiding something?
    Thanks
  • beamerguy
    beamerguy Posts: 17,587 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    Ok guys, just got a lengthy 11 page supplementary witness statement from BW discrediting everything in mine, do I do the same picking apart theirs? 
    On top of this the covering letter has now upped the claim amount from £269.42 to £294.42 can they do this.
    Do you want me to upload their statement? They discredit this site basically saying I copied and pasted from a site that assists people and are therefor nonsensical and irrelevant to the claim.... and is unacceptable given I endorsed it with a statement of truth whilst clearly not being within the defendants own knowledge.
    They will won't they ?   Normally they say it's nonsensical ?????? 
    What is totally nonsensical is this .....

    "On top of this the covering letter has now upped the claim amount from £269.42 to £294.42 "

    BWLEGAL are bordering on insanity if they think a judge would allow unlawful charges
    After all the spankings they are getting for this rubbish, they can only expect the next spanking because you are going to highlight all the spankings they get thus far

    A perfect letter to send to the SRA asking why this member is ignoring the courts and trying to scam the motorist
  • Coupon-mad
    Coupon-mad Posts: 152,309 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 18 March 2020 at 11:33PM
    They cannot have typed ''would of''.  That is not English.  There is no such phrase.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • Yeah, they keep going over facts they say I said, when I never in any appeal, defence of WS stated that the signs were adequate and that my evidence proves that they were adequate, when in all my photos they were not even visible, as well as other things like "this code of practice gives recommendations in regards to the signage within the car park" implying it does not have to do it!
     
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