Overstay Free Carpark

Dolphin_man

Hi,


I have a court date of 17th December 2019. I have been following the threads for a few months now, so I am fairly confident that I have completed all paperwork correctly so far. I have been unable to post to this forum and have written to the forum team on several occasions without any luck until I discovered today that BT blocks emails from MSE. Hence the rush to try to get it done now.

I am gathering my evidence and I am aware that it needs to go to both the courts and BW legal at least 14 days before the afforementioned court date.
I would really appreciate some help on structuring my defence given the following circumstances.

• I am the registered keeper, but was not the driver (I have not disclosed this fact yet).
• Date 06/05/2017.
• Photo evidence not conclusive.
• Overstay approx 43 mins (3 hour Max stay) Grace period 10 mins.
• Max stay now increased to 4 hours.
• I have written to my MP but Parliament dissolved so not much help forthcoming there.
• Photo evidence of signage at the time of the alledged breach received.

Regards.

Coupon-mad

Which parking firm?

Which solicitor acting, or was the claim filed by the PPC?

How much have the useless scammers tried to claim and what's the breakdown?

Have you read CEC16's thread yet, to see how to argue against the added £60 that every PPC except ParkingEye adds, even though they know it's unrecoverable in law.

Redx

If you have a court date your defence has already been written and submitted

It seems to me that you are at WS plus Exhibits plus costs schedule stage now

Email a SAR if not done already , but I doubt they will reply before the court date

waamo

Can you show us your defence? Are the company holding the registered keeper under POFA?

Dolphin_man

Hi,


Thanks for getting back to me.


The parking firm is the Britannia Parking Group (BPG) and BW legal are the solicitors acting for them.
The total claim is £247.94 and the breakdown is as follows:
PCN £100
Contractual Costs £60
Statutory Interest £12.94

Court fee £25
Legal Rep costs £50
I will read the CEC16 thread again and include as part of my WS.


Apologies, I have submitted my defence and did not accept any liabilty or disclose anything about who was driving, so I am indeeed at the WS stage and this is what I would really appreciate some help structuring.
I have submitted the SAR to BPG, but I am not likely to get it before the WS deadline date, so will not be able to use it in court. BW legal did however, send what they claim to be the signage on the material date.
Regarding the POFA, BPG did apply to DVLA for the registered keeper details. Not sure if that is what you were getting at.
Another question I have regarding the deadline for submitting the WS, is it 14 calendar days?

KeithP

Dolphin_man wrote: »

Another question I have regarding the deadline for submitting the WS, is it 14 calendar days?

If it says 14 days, then it is 14 days.

If it meant something else, then surely it would say something else.

Redx

Dolphin_man wrote: »

Regarding the POFA, BPG did apply to DVLA for the registered keeper details. Not sure if that is what you were getting at.

no they werent

they were asking if BP are using POFA to make the keeper liable for the charge ?

in other words, did their NTK following the DVLA access conform to POFA ? or not ? (in timescales and wording etc)


we still havent seen your defence yet

Coupon-mad

The parking firm is the Britannia Parking Group (BPG) and BW legal are the solicitors acting for them.
The total claim is £247.94 and the breakdown is as follows:
PCN £100
Contractual Costs £60

Which is why you need to read CEC16's thread about the 11th November hearing that took place in Southampton, re Britannia & BW Legal.

You can copy any Britannia Witness Statement and adapt it, look for recent ones, posted in this past month or two, when you search the forum for those words.

Dolphin_man

KeithP wrote: »

If it says 14 days, then it is 14 days.

If it meant something else, then surely it would say something else.

Thanks for this just wanted to be sure it was not working days only.

Dolphin_man

Redx wrote: »

no they werent

they were asking if BP are using POFA to make the keeper liable for the charge ?

in other words, did their NTK following the DVLA access conform to POFA ? or not ? (in timescales and wording etc)

we still havent seen your defence yet

I have read the Keeper Liability and POFA 2012 and can confirm that the NTK conformed.


My defence sent to CCBC is below. It was drafted before I found this forum, so appears a little weak and is probably wrong on reflection.


In order for me to better understand this claim made against me, I require proof of actual debt, by this explicitly a paper bill baring a wet signature from BPG. In addition, I require proof of contract between BPG and I and BW Legal and I.
I alsi require the original complant that was laid before a magistrate or Justice of peace, clearly showing the court fee as being paid with a wet signature for vicarious liability. Furthermore I require my common law and constitutional right to trial by a jury of my peers to be upheld at my local magistrates court.

Redx

It's completely wrong , I cannot see a defence there

The initial court claim fee was paid to the CCBC , when the MCOL was issued

The local court fee can be checked by contacting your local county court , in which case asking for proof does not help you

This is a civil claim , nothing to do with juries or magistrates