BW Legal, Armtrac Cornwall parking ticket after 3 years, potential court action

Le_Kirk

am1980 said:

Thank you. I read it but it didn't state anywhere to ask for the evidence, whereas elsewhere I have been told otherwise so thought it prudent to ask first. I'll concentrate on the evidence and post here before submitting. Thanks again. 

You should concentrate on the defence not evidence gathering.

Redx

their solicitors are not going to share evidence with you until when I said, which is why I said it

you have a few choices for gathering your own evidence

look through all your paperwork

google the site location

check google maps

go to the site and get pictures

email a SAR to the PPC involved (not the solicitors)

pay the land registry a small fee

wait until the claimants solicitors send you their WS + Exhibits bundle in several months time

am1980

Redx said:

their solicitors are not going to share evidence with you until when I said, which is why I said it

Thank you. I have compiled my draft defense, using a template alongside other examples. I'm relying on the fact that I was not the driver at the time; do you believe this to have an equal chance of success as if I was the driver (being able to then include poor signage etc)?
Is there any benefit to withholding the defence until closer to the cutoff period for submission? 

nosferatu1001

Defence. With a c. 

Did they meet pofa requirements ? If YES the not being the driver doesn't help. If you are truly not the driver then why do you care about the likelihood of a drivers defence being better? Bearing in mind OF COURSE you can include signage even if you are not the driver. That's why it's in the damned defence template!

am1980

Hi Again, I hope you're all well. 
I've now received a Notice of Allocation to the Small Claims Track (Hearing) for a date at the end of May. 
I've also received a letter from the claimant stating they will accept a lower amount of £150, "to resolve matters without need for involvement from the court". I have to admit I have been considering accepting this, purely due to the anxiety that being part of a court proceeding fills with me (despite this being remote on MS Teams) and I appreciate this may not be rational. I'm not going to make a decision on that just yet as I really want to see this matter through and stand up to the bullying, but equally have to consider my health over the next 7 weeks...Now I know why people just pay these straight away.. these parking companies really are in a despicable position. 
Do you know when I should expect to see their evidence? 
Thank you. 

D_P_Dance

I've not received a Notice of Allocation to the Small Claims Track (Hearing) for a date at the end of May. 

Do you mean you have now received ... ?  In matters such as this, accuracy is a sine qua non.  

am1980

D_P_Dance said:

I've not received a Notice of Allocation to the Small Claims Track (Hearing) for a date at the end of May. 

Do you mean you have now received ... ?  In matters such as this, accuracy is a sine qua non.  

Yes I meant now. Edited for accuracy. 

am1980

I've also received an email asking to arrange a call to discuss an amicable solution. Do I ignore, or reply to these attempts at contact? Thank you. 

Le_Kirk

am1980 said:

I've also received an email asking to arrange a call to discuss an amicable solution. Do I ignore, or reply to these attempts at contact? Thank you. 

How can £150 be a lower amount?  It was only £100 to start with.  If you phone, a) they will pressure you into paying and b) you will have no record of what was said/agreed.

am1980

Le_Kirk said:

am1980 said:

I've also received an email asking to arrange a call to discuss an amicable solution. Do I ignore, or reply to these attempts at contact? Thank you. 

How can £150 be a lower amount?  It was only £100 to start with.  If you phone, a) they will pressure you into paying and b) you will have no record of what was said/agreed.

It is lower than the amount they are now asking for (£258) which has costs added. I appreciate that they will try to talk me into it, I'm asking if I should be seen to be attempting to settle the case to save wasting the courts time.