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NCP BWL DEFENCE DRAFT - Advice please
Comments
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Sounds like their standard - does it mention nonsensical?
It isnt their word against yourse - you have an eye witneess account - EVIDENCE - and they have *hearsay* and *supposition*, unless they will adduce an expert on how their machines were operating that day (theyre not allowed to...)
You know what this means - newbeis thread has it all in sequence - and currently yes its heading to court. The local judge MAY throw it out, may not, but for now they have nothing to lose buy letting the process continue.2 -
BWLegal really do crack me up with their feeble excuses and this is one of them
"Their counter to me having the payment transaction for a ticket is that i must have inputted my car reg into their machine incorrectly. "
Out of all their 255 staff, there must be someone with intelligence to realise that "must" is not evidence or proof ....... they don't have a clue do they ???
The directions from the Judge could well mean it is struck out if for nothing else, just pure timewasting stupidity1 -
... their counter to me having the payment transaction for a ticket is that i must have inputted my car reg into their machine incorrectly.
Some judges regard this as trivial.
https://en.wikipedia.org/wiki/De_minimis#:~:text=De%20minimis%20is%20a%20Latin,refuses%20to%20consider%20trifling%20matters.Nine times out of ten these tickets are scams, so consider complaining to your MP, it can cause the scammer extra costs and work, and has been known to get the charge cancelled.
Parliament is well aware of the MO of these private parking companies, many of whom are former clampers, and on 15th March 2019 a Bill was enacted to curb the excesses of these shysters. Codes of Practice are being drawn up, an independent appeals service will be set up, and access to the DVLA's date base more rigorously policed, persistent offenders denied access to the DVLA database and unable to operate.
Hopefully, when life gets back to normal, it will become impossible for those scammers who are left to continue their vile trade, but until this is done you should still complain to your MP, citing the new legislation.
http://www.legislation.gov.uk/ukpga/2019/8/contents/enacted
Just as the clampers were finally closed down, so hopefully will many of these Private Parking Companies.
You never know how far you can go until you go too far.1
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