Bw legal/ amtrac security services court claim

Coupon-mad

If you displayed a permit, what is allegedly wrong with that permit and why did you get a PCN, according to the greedy PPC who target residents, as (sadly) they all do in residential car parks?

Chief21

They issued a pcn because the permit was invalid because it had expired which neither I or my stepdaughter were aware of and it wasn’t obvious it had an expiry date. 

Coupon-mad

Make sure that goes into the defence.  It is not reasonable for permission to park to suddenly expire, when it relates to a resident who continues to live there and continues to enjoy rights and easements that don't just 'expire'.

Chief21

Hello everyone it’s been a while since my last post, with a bit of an update, I have now received a court allocation date for my hearing however this is by telephone I shall however be emailing the court to ask for an attended hearing so we’ll see how that goes.
In response to your last reply coupon mad at the time of writing I had assumed the visitor parking permit issued by the housing association that my step daughter is a tenant of had expired having received correspondence from bw legal containing a photograph of the alleged expired permit, it has a valid from date and no expiry date now I’m going to use this in my defence as surely a landowner issued permit supersedes any tin pot parking company permit

Coupon-mad

Yes indeed, great evidence!

Most hearings are remote since Covid and work reasonably well, so we don't tend to ask for attended hearings in person now.  As long as you get a hearing where you can give evidence, that's the important thing, never a hearing 'on the papers'.

Le_Kirk

Chief21 said:

a photograph of the alleged expired permit, it has a valid from date and no expiry date now I’m going to use this in my defence as surely a landowner issued permit supersedes any tin pot parking company permit

You surely have already submitted your defence otherwise you wouldn't have an allocation and a hearing date. If you mentioned permits in your defence you can provide evidence at witness statement (WS) stage, assuming your allocation letter tells you to supply a WS and a date for so doing.

Chief21

Update
The remote hearing took place and was struck out by the judge as the claimant had failed to supply a contact number and also had not complied with the terms of cpr 27.9 (whatever that is)

I would like to thank everyone for there responses to my post.👍

Le_Kirk

Well done a win!  CPR 27.9 refers to non-attendance at a hearing: -

Non-attendance of parties at a final hearing

27.9

(1) If a party who does not attend a final hearing–

(a) has given written notice to the court and the other party at least 7 days before the hearing date that he will not attend;

(b) has served on the other party at least 7 days before the hearing date any other documents which he has filed with the court; and

(c) has, in his written notice, requested the court to decide the claim in his absence and has confirmed his compliance with paragraphs (a) and (b) above,

the court will take into account that party’s statement of case and any other documents he has filed and served when it decides the claim.

(2) If a claimant does not –

(a) attend the hearing; and

(b) give the notice referred to in paragraph (1),

the court may strike out the claim.

KeithP

Chief21 said:

Update
The remote hearing took place and was struck out by the judge as the claimant had failed to supply a contact number and also had not complied with the terms of cpr 27.9 (whatever that is)

I would like to thank everyone for there responses to my post.👍

That's good to hear.

Suggest you don't throw everything away just yet as it is possible that the Claimant objects - claiming that they supplied contact details and in some way the court made a mistake. Has been seen more than once before.

Coupon-mad

Agreed, hold on to everything until the Spring just in case.  Let's hope not though and that ANOTHER ONE BITES THE DUST!