BW claim going to county court

PARKING_2

Hey guys,
I was wondering if I could get some help on a parking matter that has recently been allocated for a remote hearing (date TBA). Unfortunately when I completed the defence I had no idea of what to expect from the county court, or of everyone's lovely work on this forum. so, in all honesty my defence is an absolute shambles.

let me give you an idea of what happened in the particulars of my case. Basically I was heading to a shift in a hospital at night, paid the hospitals on site parking charge and then headed to a car park which is still owned by the NHS trust but is operated by a different parking company which i was not aware of at the time, there were actually no signs  that i saw in the car park! So apparently I had a ticket on the screen, but that wasn't there when I got back. Neither was the car next to me in the photo that the PA took (maybe he took it off my windscreen) funnily enough, in the defence pack BW legal sent out, there are no signs visible at all in any of the photos taken of my car (rookie PA?) so anyway, the classic - 4 years later and a CC case is about to be heard. from what I've seen on the forum BW have done the classic of adding the £60 debt recovery costs, they've also added copies of signs in the car park with the comment 'I am instructed these were in situ on the day of contravention'  most of those pictures of signs are dated before the date of the 'landowner agreement' (which has also been redacted) They have also contradicted themselves because they say a sign is meant to be somewhere in the car park and the photo of the car clearly shows that the sign isn't there.

this is my defence: 'ON THE DATE IN QUESTION I WAS DRIVING THE VEHICLE NAMED IN THE CASE. I ENTERED THE CAR PARK AFTER PAYING THE HOSPITALS £1 PARKING FEE AT THE ON-SITE PARKING OFFICE. I ENTERED THE SITE MENTIONED IN THE CLAIM BELIEVING THAT IT WAS PART OF THE HOSPITALS GROUNDS.TO THE BEST OF MY KNOWLEDGE I CANNOT RECALL RECIEVING ANY DEMANDS OF PAYMENT' (and then the classic) 'THE CAR PARK IN QUESTION WAS EMPTY AT THE START AND END OF MY STAY. MY VEHICLE DID NOT CAUSE THE PARKING COMPANY A LOSS OF INCOME OR REVENUE. I BELIEVE THAT THE AMOUNT OF MONEY REQUESTED IS UNJUST AND NOT PROPORTIONATE TO THE AMOUNT OF LOSS/INCOME THAT COULD HAVE BEEN INCURRED FROM MY PARKING SESSION.'

I have read the newbies FAQ and am in the process of drafting a witness statement based on the one thats on the thread, just a few questions. 
1. if I go to court and loose, can the other party then claim for more money and add further costs than the £50, as they've had to attend court?
2. is this case now an easy win for them because of the less than adequate defence and should I just pay up?
3. BW has cited a recent scottish judgement ref SG64-16 Indigo Park Services v Watson where they awarded debt recovery costs of £768 to justify the extra £60 debt recovery costs, is this a new table turner for them?
Like I said I'm in the process of drafting my WS and will upload it as soon as it is completed.

thanks 
parking_2

PARKING_2

Sorry, further info probably required is the parking firm KBT Cornwall LTD T/A Armtrac security services. 

PARKING_2

more info, issue date 03/11/2020 DQ filed 01/12/2020, transferred to CC 01/12/2020
Parking site was Cudmore house, opposite treliske hospital 

beamerguy

Is this what you are talking about

https://www.bbc.co.uk/news/uk-scotland-tayside-central-41306097

nosferatu1001

1) As you know from reading CPR27.14 no additional costs are allowed, unless you behave unreasonably. Defending is not unreasonable. So just filing fee, hearing fee, PCN amount and if they used a solicitor to file the c;aim, £50 to file the claim
2) No, not at all. Why would you bother giving up for the sake of, at most, £25? 
3) No of course it isnt. You would of course point out that it isnt the E&W courts, it is at the equiv of county court level so sets no precedent, and you have ONE HUNDRED claims you can quote back where the additional £60 was not allowed

What pictures of the site do you have ? It would be good to see signs. 
Google street view so we can see how it might be confusing.

beamerguy

As nosferatu1001 says above, what happens in Scotland sets no precedence in England and Wales. BWLegal are famous for trying to scare people into paying.

You are in Cornwall, probably the Truro area and this is where facts take over from fiction.

BWLegal discontinued their case at Truro County Court.
https://forums.moneysavingexpert.com/discussion/6101409/armtrac-kbt-bw-legal-lbc-update-claim-discontinued/p1
The court said that most get discontinued in the court now, or thrown out by judges
=======================================================
BWLegal discontinued their case at Truro County Court ....... another one ?
https://forums.moneysavingexpert.com/discussion/6094351/letter-of-claim-from-bw-legal/p1

And that is what happens in Truro to BWLegal

PARKING_2

As promised, I am happy to upload the proposed WS. and also the Photos (redacted by myself) provided of my car by Bw legal. It is worth noting that although the 'contravention' happened in Cornwall, I now live in Worcestershire so the case will be held in Worcester County Court. when attempting to upload I have tried the PDF option but it still isn't allowing the upload.

nosferatu1001

No PDF, save as a series of images. Forum has blocked PDF.

PARKING_2

Hello Everybody, 

Just thought I would post a quick update. The case was heard today in Worcester County Court and the (very friendly) Judge found the case in my favour. The claim was stuck out and was I was allowed my fixed witness costs. Advice to anyone would be to pursue claims and don't get scared by the threatening letters the parking companies send. One interesting point the C solicitor made was that my witness statement looked like a copied and pasted witness statement offline. When I explained that I had no legal knowledge and had to adapt one that I had found online, the judge was more than happy!

Thanks everyone for your support! 

Coupon-mad

Yay, WELL DONE!

Which point won it?  

ANOTHER BW LEGAL ONE BITES THE DUST!

PARKING_2

They failed at the first hurdle, appended photos of signs around the car park, which were not present in any of the photos taken by the PA. No evidence of signs on date in question -> not able to evidence a contract being formed -> no liability.