BW Legal - Notice of Intention to Proceed

louisejones12345

Hello
Hoping I am posting this in the correct section so it gets picked up. I am at the stage whereby we have a court date set and I am about to submit my evidence. I keep going back and forth between just paying the fine or going to court because I feel as though I don’t have a leg to stand on as I did technically under pay by 60p and overstayed by six minutes mistakenly. I have however used all of the guidance in the forum to point out the fact that the car park was poorly lit, the signage was poor, referenced the use of a ANPR cameras and argued that no contract was entered into and that the charge is extortionate etc. I just don’t know how I’m going to argue against them when it comes to it - I’m really nervous about it. It’s like they know I’ve used some of your templates too based off one of the comments they made in the evidence which they sent to me yesterday. I’m just doing some recapping of the FAQ section to get fully prepped and wondered if you could clarify what the below means please and if anyone has any tips for me not within the FAQ section which might help me to feel more confident;
(h) Pay & Display ticket, if the driver paid. DON'T argue 'no loss'! - I don’t understand this 
Also, with reference to the section of getting CCJ’s set aside - this isn’t relevant to me at this point. But can you please advise how it would work exactly should the court rule in their favour and I am ordered to pay, does this automatically go on my credit file then and I then have to apply to get it set aside ?
Excuse my lack of knowledge if my questions sound ridiculous. 

Many thanks 

Coupon-mad

Hi,

The latest version of a good Witness Statement and evidence is by @jrhys so use and change the facts in that one, to suit.

Which parking firm?

Pay & Display ticket, if the driver paid. DON'T argue 'no loss'! - I don’t understand this 

I am just telling you not to try an argument that there was 'no loss' (nor that the parking charge is disproportionate, or excessive).

Also, with reference to the section of getting CCJ’s set aside - this isn’t relevant to me at this point. But can you please advise how it would work exactly should the court rule in their favour and I am ordered to pay, does this automatically go on my credit file then and I then have to apply to get it set aside ?

No you'd just pay in full (not instalments) within 30 days and no CCJ remains at all.  

KeithP

Here is the OP's earlier thread.

louisejones12345

Thanks guys, il read up on what you’ve provided. 

louisejones12345

So I shouldn’t say that the charge is excessive ?  I said this in my defence based off what I had read before ie. that it is punitive, unjustifiable solicitors fees etc etc. Did I mess up? My charge is with NCP, passed to BW legal. 

Fruitcake

The "no loss" argument went out with the infamous Beavis case in 2015 at the Supreme Court.

Don't worry about it. That point will get dismissed but hopefully you will win on other points. I don't believe we have seen your defence so we don't actually know what you put.

If/when you have the scammer's WS, please show us. Only redact YOUR personal data. 
The best way to do this is to upload it to dropbox or similar and post the link here. Make sure you show us all of it, especially the signage and most important of all, the landowner contract.

Hold off sending your WS as long as possible in the hope yo can show us theirs before you need to submit yours, but don't miss your WS filing date.

You would also be advised to ask a board guide to merge your two threads.

D_P_Dance

Have you complained to your MP, it is never too late.

Coupon-mad

louisejones12345 said:

So I shouldn’t say that the charge is excessive ?  I said this in my defence based off what I had read before ie. that it is punitive, unjustifiable solicitors fees etc etc. Did I mess up? 

That's not the same as saying the PARKING CHARGE is excessive, which - I repeat - you do not say.

louisejones12345

Hello,
Oh lord, so I’ve read pretty much all of @jryhs thread and their WS, feel wildly overwhelmed. I’m not sure I have the skills to pull this off. I have tried to use Dropbox but struggling so I’ve attached some pics of the latest from BW - I thought this was their WS but I think it’s not, it says it’s their response to my defence only. They haven’t provided pictures of their signage or contract etc only pictures of my car. I have also attached my awful write up of notes and points I put together last week just so I was starting with something ... 😕🤷🏼‍♀️ 

The deadline for submitting evidence is 26th May. Thanks everyone !!

louisejones12345

Forgot 2 attachments