BW Legal LBC DQ - Notice of allocation/ general form of Judgment or Order

Umkomaas

2 or 3, but never 1. Read @Coupon-mad's thread on Telephone Hearings - all the answers to any why/why not questions are listed there. 

Yaddayaddayadda

Thanks for the pointer Umkomaas - I've requested to attend court and am now about to start my witness statement, which needs to be in by the 22nd of this month, although a heating date has yet to be fixed.
I've also been in contact with the owner of the parking bay I received the ticket for using... they have been kind enough to highlight my right to use the pay and have even Whatsapped  me copies of emails where the PPC have agreed to stop patrolling said bay - although this was after I received my ticket, is it worth including in my WS? 

Umkomaas

I've also been in contact with the owner of the parking bay I received the ticket for using... they have been kind enough to highlight my right to use the pay and have even Whatsapped  me copies of emails where the PPC have agreed to stop patrolling said bay - although this was after I received my ticket, is it worth including in my WS? 

Potential gold dust. Hang on to it!

Coupon-mad

That is brilliant evidence, and typical of the scam operated by this industry.  Armtrac are suing you despite knowing that they are not authorised to issue PCNs in that privately owned bay.  How bloody dare they.

nosferatu1001

Yep, absolutely include that they have no landholder authority to operate, they knew they didn't, yet instead of discontinuing their unlawful claim against you, they're continuing. 

Yaddayaddayadda

Just to clairfy, the email agreeing to stop patrolling the bay was sent in Feb 2020 and my ticket was issued in August 2019 but it is the same owner of the  bay.  Said owner has attempted to cancel my ticket but KBT have suggested he/she needs to speak to BW legal - BW legal won't speak to her/him as their case is against me!

Umkomaas

Build it all into your WS, especially if you have (or can get) anything in writing. Paint them into a corner as much as you can.

nosferatu1001

Yaddayaddayadda said:

Just to clairfy, the email agreeing to stop patrolling the bay was sent in Feb 2020 and my ticket was issued in August 2019 but it is the same owner of the  bay.  Said owner has attempted to cancel my ticket but KBT have suggested he/she needs to speak to BW legal - BW legal won't speak to her/him as their case is against me!

It doesn't matter that it was after
it shows they have never enjoyed landOWNER authority 
never
It shows that they knew for certain back in feb, but 9 months later are still chasing you 
ot means they cannot say they ha e a contract with you - they had no consideration (the right to offer you parking) to Offer meaning there cannot be a contract (contract requires offer, acceptance, consideration)
it means Beavis cannot help them - there is no commercial justification - meaning the charge is a penalty. A penalty cannot be levied by a private company y. 

Yaddayaddayadda

Thank you - it has buoyed my confidence!
However, as I've got a bit on my plate at the moment (and laziness/bit fed up with it all) I'm considering sending the below email 


To BW Legal
I am emailing to advise that the witness statement I am preparing will contain a signed letter from the bay owner outlining their wish to cancel the parking charge and permission to use the parking bay.  It will also contain a copy of emails asking for your client, KBT Cornwall, to stop patrolling the bay concerned and of another email from KBT Cornwall confirming it is no longer included in their patrol.

The owner of the bay has spoken to your client yesterday instructing them to cancel the parking charge, but they have been instructed to speak to you but will not issue details to allow the owner to do so.

All the above you will be able to verify with your client.

Please could you advise how you would like to proceed?


Or should I keep my powder dry?

nosferatu1001

I'd be stronger. 

"Without prejudice save as to costs" as a heading. That precise phrase 

Point out their client has never had Landholder (key phrase) authority 
they've known of this since feb 2020 yet are still choosing to continue 
without this authority their client had no consideration and so notwithstanding every other failure of their claim, they will fail on this as there can never be a contract. Their claim is bound to fail

You propose a drop hands offer, with each side bearing their costs to date. This has value to their client, as they have no hope and it minimises their costs. 

You expect a response within xxxx days. - give a sensible time.