Received 15 parking tickets, now pursued by BW Legal

Le_Kirk

Itachi2kg said:

So a possible further breach on their part? I took pictures of the signs in the car park as you may have seen on previous pages and the top of the signs read Britannia Parking, but the claim is from Britannia Parking Group Limited t/a Britannia Parking
Your point about the landowner contract must have the correct name, I contacted Basildon council as on HM Registry it mentioned that they own the land of the car park, Basildon council wrote back to inform me that they don't own the land, so I didn't pursue that any further, maybe I should call HM Registry

A (sometimes) useful way of finding out who owns the land is to ask the council who pays the non-domestic business rates.  Some council helpfully have a spreadsheet on their websites.

nosferatu1001

When you see the signs check:
Britannia Parking Group Limited  listed on the sign? Or anotrher company
When you see the contract, check:
Britannia Parking Group Limited  listed? Or another company

beamerguy

It is important you understand about "who is the entity"
BWLegal/Britannia presented two cases, one in Reading and the other in Oxford.
The themes were the same whereby BWLegal claimed on behalf of Britannia Parking Group Ltd but the contract to operate on the site was signed by Britannia Parking Services Ltd. This is a separate entity with it's own company number as seen here ..

https://beta.companieshouse.gov.uk/officers/RHPBpZJHOsN21zDn5VXHggkxTLo/appointments

BWLegal submitted a claim from the wrong entity and duly signed this as a statement of truth ???
In the Reading case, in their witness statement, BWLegal provided a copy of the contract with the landowner which stated Britannia Parking Services Ltd. The NTK showed Britannia Parking Group Ltd

Both judges fully understood this and both claims were dismissed

OXFORD CASE POST # 87
https://forums.moneysavingexpert.com/discussion/comment/76747116#Comment_76747116"nofollow" href="https://forums.moneysavingexpert.com/discussion/6008854/britania-parking-pcn-bournemouth&highlight=icicle&page=3">https://forums.moneysavingexpert.com/discussion/6008854/britania-parking-pcn-bournemouth&highlight=icicle&page=3

Frustanger

Watch out for bwlegal. They failed to acknowledge receipt of an email from me. It had an attachment that they couldn't open, so they didn't attach it to my file and hence I might have missed the deadline to respond to them. As it is, I didn't miss it. I would probably send everything by email and also ask for an acknowledgement of receipt of everything as they are just as corrupt as the parking scammers. 

Itachi2kg

Coupon-mad said:

The Council don't own the land so that's pointless; stop wasting time.  Britannia don't contract with Councils.

Also, Britannia Parking Group Limited can trade as 'Britannia Parking'.  That is not the point. 

The point of all the previous cases, including one where beamerguy watched in court, was that they had signs and a landowner contract in the name of a different Limited company (Britannia Parking Services Limited).

But this is premature to worry about now, because you won't see the landowner authority or signage until months down the line when they send their witness statement and evidence.  You need to look closely at the 'Ltd' company names then.

Okay that makes sense, can you tell me if this looks okay to send? of course I will add all the points you have put together after paragraphs 1, 2 and 3

Itachi2kg

Hate to revive an old thread, but I did say I would update the outcome. Unfortunately after being taken to court for these 15 parking tickets (split into 2 Court hearings) I have lost the 1st one which was for 1 ticket and the judge has ordered me to pay the fine plus admin fees etc, I was pretty surprised at this as I built a defence by the help of these threads and great people on here. Any tips would be welcome here as I'm getting ready to pay. I'm more worried about losing the 2nd case which is for the rest of the 14 tickets, if I've lost this then no reason I will win the 2nd one 

B789

Have you submitted your defence for the second clam? Did you mention "cause of action estoppel"?

Coupon-mad

"if I've lost this then no reason I will win the 2nd one"

There is.  Different Judge.

And did you lose because you didn't do a WS bundle?

Sadly, it must be said: sorry but no wonder you lost, if you submitted no evidence.  Defence was not your only job.

If the only party who submitted evidence was the Claimant then they were almost bound to win, because (if I am right) you had no witness evidence for the poor Judge to work with.

Last thing I said to you in February was:

"you won't see the landowner authority or signage until months down the line when they send their witness statement and evidence.  You need to look closely at the 'Ltd' company names then."

You never came back.  Obviously, when they sent their WS bundle a few weeks before the hearing was when you had to send yours.  Your deadline was on the Hearing Order, as it will be for the second one!

You didn't ask us to look at your WS and evidence even though I gave you a heads up about that stage - and the NEWBIES thread clearly says how important that stage is and what to do.  And that defence is not enough...

What stage is this new one at, when's the hearing?

Done your WS & evidence bundle for this one yet?

DO NOT MENTION THE OTHER CLAIM.

You must pay that first one in full.

Itachi2kg

Coupon-mad said:

"if I've lost this then no reason I will win the 2nd one"

There is.  Different Judge.

And did you lose because you didn't do a WS bundle?

Sadly, it must be said: sorry but no wonder you lost, if you submitted no evidence.  Defence was not your only job.

If the only party who submitted evidence was the Claimant then they were almost bound to win, because (if I am right) you had no witness evidence for the poor Judge to work with.

Last thing I said to you in February was:

"you won't see the landowner authority or signage until months down the line when they send their witness statement and evidence.  You need to look closely at the 'Ltd' company names then."

You never came back.  Obviously, when they sent their WS bundle a few weeks before the hearing was when you had to send yours.  Your deadline was on the Hearing Order, as it will be for the second one!

You didn't ask us to look at your WS and evidence even though I gave you a heads up about that stage - and the NEWBIES thread clearly says how important that stage is and what to do.  And that defence is not enough...

What stage is this new one at, when's the hearing?

Done your WS & evidence bundle for this one yet?

DO NOT MENTION THE OTHER CLAIM.

You must pay that first one in full.

I've just had so much going on, in regards to work and just have had a new baby, I didn't think to come back to the website when I received the bundle. I had only sent my defence and witness statement after that, I couldn't even visit the hearing due to shared work and child commitments, my partner had to be somewhere on that particular day unfortunately

In regards to the 2nd case, the bundle has arrived, I take it I should look for a land owner registery? And if there is none, then what's next?

Itachi2kg

B789 said:

Have you submitted your defence for the second clam? Did you mention "cause of action estoppel"?

No I haven't submitted the defence for the 2nd claim yet. Cause of action estoppel was mentioned in a letter earlier on