Bw legal/ amtrac security services court claim

Fruitcake

Now you are court stage it doesn't matter too much, but we always advise posters not to reveal personal data such as the vehicle VRM or PCN number.
Had that information been posted where the whole world could see it at the appeal stage, some nasty person or person's unknown could have done an appeal without your knowledge, admitting that the keeper was the driver and/or admitting liability. It would have been very difficult for you to convince a judge it wasn't you that appealed, and it wasn't you that was driving.

Chief21

Hi to everyone sorry I haven’t been back before this is the notices placed around the residents parking where my stepdaughter lives they are placed about 8 feet off the ground and clearly states must display a valid permit, which unfortunately being unaware that the permit displayed had expired. I have contacted the housing association which own the building and they were unhelpful,It doesn’t appear that there is anything in their signage that I can use in my defence. I’m thinking the best thing to do is admit being the driver denying any liability and wait for the witness statement and reply with mitigating circumstances along with all the evidence I have to back that up 

Chief21

Forgot to add received a letter from bw legal telling me they had started legal proceeding and it wasn’t to late to get in touch to set up a payment plan for the full amount claimed on the county court papers made me smile

Coupon-mad

What horrible colour, cluttered signage.

Why do the permits expire, what's the point, except to catch residents out? 

She has a defence !  Expiring permits are not drawn to a resident's attention, also, why are they not automatically sent a new one then, as the Managing Agents knows the residents are still there.  I'd argue this is a concealed pitfall or trap that sets consumers up to fail by putting an unfair burden on the resident to somehow how to renew permission for something that comes with the flat.  No other permissions need to be renewed and surely the onus should be on the trader to provide new permits well in advance of expiry.

beamerguy

Chief21 said:

Forgot to add received a letter from bw legal telling me they had started legal proceeding and it wasn’t to late to get in touch to set up a payment plan for the full amount claimed on the county court papers made me smile

Why set up a payment plan when BWLegal have added their scam amount of £60
They think you are a mug and if they issue a claim including their fakery, they also think a judge is a mug.    Judges are not mugs and will mostly kick out the fakery from BWLegal.

See what judges do with legal fakers
https://forums.moneysavingexpert.com/discussion/6103933/abuse-of-process-thread-part-2

Read carefully the "EXCEL v WILKINSON ..... claim struck out for ABUSE OF PROCESS"

Nowadays, the chances of BWLegal winning are getting slimmer and slimmer..  That is why they are begging from you now just to see if you are a mug

Chief21

Thanks for the replies I’m thinking of firing an email off to bw legal stating their Client failed to comply with pofa as the alleged offence occurred in March 2020 and the notice to keeper was not sent by the date on their own NTK till 133 days after the alleged offence was committed and therefore cannot be held liable. 

Coupon-mad

And they will reply that their client is proceeding on the 'reasonable assumption' that you were the driver and they will ask you to state one way or the other.

Chief21

Ok I’ve sort of drafted a defence I’d appreciate if you could give it a once over and advise of anything I should omit or add thanks
2  it is admitted that the defendant was the registered keeper and driver of the vehicle in question but liability is denied.

3. on the day in question I was visiting my stepdaughter xxxxxx xxxxx who is a resident in  xxxx xxx xxxxx she has a diagnosed learning disability.
xxxxxx provided me with a residents parking permit that she had been provided with as a tenant which I displayed in good faith.The parking area is not a pay and display car park and to mine and xxxxx knowledge I was displaying a valid car parking permit.
On that day my wife xxxxxx mother was undergoing surgery for breast cancer at nearby Hayle general hospital and by spending time at xxxx xxx xxxxx. I could both be more readily available to return to the hospital in an emergency should that be required and to support my stepdaughter who was understandably very worried about her mother as I was. 

Names and places have been omitted

Fruitcake

A defence is written in the third person, so always use defendant, not I or me etcetera.

That reads more like a witness statement than a defence.

There is nothing in your defence about a resident's lease/AST stating whether a visitor needs to display a permit, and whether the lease/AST has been varied by the MA carrying out a ballot of all residents and landlords in accordance with the Landlord and Tenant Act 1987, Section 37.

The resident's lease will have primacy of contract over anything an unregulated scammer says.

Chief21

Fruitcake said:

A defence is written in the third person, so always use defendant, not I or me etcetera.

That reads more like a witness statement than a defence.

There is nothing in your defence about a resident's lease/AST stating whether a visitor needs to display a permit, and whether the lease/AST has been varied by the MA carrying out a ballot of all residents and landlords in accordance with the Landlord and Tenant Act 1987, Section 37.

The resident's lease will have primacy of contract over anything an unregulated scammer says.

Thanks for the advice I’ve now changed it to defendant etc will be checking the tenancy agreement ASAP cheers.