BW Legal notice of county claim issued for a PCN from 2015!

1505grandad

Page 8  -  there are 2 XX-12 and 2 XX-13  -  renumber as follows:-

You are stating Excel vs Wilkinson as XX-14 in the actual exhibits  (note Judgment - no middle "e" in the document)

Similarly "Cost Schedule" is XX-15

Orangecordial

1505grandad said:

Page 8  -  there are 2 XX-12 and 2 XX-13  -  renumber as follows:-

You are stating Excel vs Wilkinson as XX-14 in the actual exhibits  (note Judgment - no middle "e" in the document)

Similarly "Cost Schedule" is XX-15

good spot, thankyou for noticing that!

Coupon-mad said:

Looks good but I couldn't see any point repeating what was in your defence (I hope) that there is no evidence of landowner authority, as required by the BPA and DVLA.

Thanks, should I delete this part? Would it have a negative effect to leave it in?

Coupon-mad

Sorry, I really didn't write that well.  I meant I couldn't see that you had included that point in your WS, and that you SHOULD.

Orangecordial

Coupon-mad said:

Sorry, I really didn't write that well.  I meant I couldn't see that you had included that point in your WS, and that you SHOULD.

Ah, I see what you mean now. I removed that part from the WS template as it states that the claimant had appended a redacted landowner contract, but in my case, I haven't seen anything like that from them, only a response to my defense with pictures of the car and a copy of the PCN. So I wasn't sure if it was relevant. Should I put that part back in even if I haven't seen what the claimant has appended? 
Sorry if this is an obvious question, I just want to make sure everything is done correctly!

Orangecordial

Bumping this thread for visibility.
What should I do about the landowner authority part? Any advice very much appreciated

Fruitcake

Include, no-landowner authority.
Show us the claimant's WS as soon as you get it. Hopefully you will have enough time to use comments from the regulars in your WS before you need to submit it. 
The claimant will hopefully include the alleged landowner contract and we will be able to find flaws in it. Alternatively, if they don't include it then you aver that no such authority exists.

Upload it to Dropbox or similar and paste the link here. Only redact YOUR personal data, and tell us if the claimant has redacted anything.

Coupon-mad

Obviously just change the words to make sense! 

Orangecordial

Thanks for your responses. Below is what I have put in the event that I do not receive any witness statement from them before submission, I found it on another forum and edited it to suit:

No proof of landowner authority

15. The Claimant has not provided any evidence of having any contract with the landowner and therefore it can be assumed that they have no authority to issue parking charge notices. I am waiting for the Claimant to provide a full copy of the contemporaneous, signed & dated (un-redacted) contract with the landowner.

It will not be sufficient for the claimant merely to supply a site agreement or witness statement, as these do not show sufficient detail (such as the restrictions, clauses, charges, and revenue sharing arrangements agreed with a landowner) and may well be signed by a non-landholder such as another agent. In order to comply with paragraph 7 of the BPA Code of Practice, a non-landowner private parking company must have a specifically-worded contract with the landowner – not merely an ‘agreement’ with a non-landholder managing agent – otherwise, there is no authority.

The burden of proof is on the Claimant to show that they had the authority to issue the said ‘PCN’. No such evidence has been presented to date, and I am not satisfied that the Claimant has the relevant authority.

Please let me know what you think and if it is appropriate, should I receive a witness statement before the deadline (Thursday) I will post it straight here.

1505grandad

"In order to comply with paragraph 7 of the BPA Code of Practice, a non-landowner private parking company must have a specifically-worded contract with the landowner....."

UKPPO are at the moment IPC AoS members.

Johnersh commented re AoS status earlier in this thread:-

https://forums.moneysavingexpert.com/discussion/comment/77786457/#Comment_77786457

Castle

1505grandad said:

"In order to comply with paragraph 7 of the BPA Code of Practice, a non-landowner private parking company must have a specifically-worded contract with the landowner....."

UKPPO are at the moment IPC AoS members.

Johnersh commented re AoS status earlier in this thread:-

https://forums.moneysavingexpert.com/discussion/comment/77786457/#Comment_77786457

True...but back in July 2015 they were members of the BPA's  AOS.