Court Claim for Old Milton Green Britannia parking unlawful camera

ricky_balboa

Hopefully here is my finished WS before sending by email to the court and claimant solicitors tomorrow.

https://www.dropbox.com/scl/fi/njvmzc16cfrnmq7y8f63s/Final-witness.docx?dl=0&rlkey=zhfqwlf0x48tlj9el890d5k3s

Any final critic or advice is gratefully received.

I did appeal to Britannia when i received the PCN to no avail.

ricky_balboa

Do i need to email anything else with the WS?

Coupon-mad

Your Costs assessment and all your numbered exhibits as a merged PDF doc, and a contents page at the front of it all (headed with the claim number, parties and date/time of hearing) showing what is on each page number.

You can see what the whole bundle looks like from the (older) 2021 example; a good set of visual images posted by @jrhys

ricky_balboa

I've now converted it to PDF with all relevant sections, thanks for the advice CM.

https://www.dropbox.com/s/5257jckf4a999zx/Final witness-converted.pdf?dl=0

ricky_balboa

After a couple of weeks away i am now preparing my case which will be heard at a telephone hearing on April 22nd.

I have received the evidence from BWlegal and they are using a paralegal whose name appears a few times before in this forum.
Their evidence file is the same size as mine but contains a great deal of "fluff" to pad it out. They have attempted to tear apart my defence piece my piece and are using terms again i have read on other cases in this forum.

eg:- "The statement appears to have been cut and paste from websites containing parking forums aiming ti assist motorists contesting parking charges on variety of pre-determined basis as witnessed by solicitor on regular basis and one frequently used forum can be found on www.moneysavingexpert.com"

I can post up the Landowner agreement for the car park as i believe this was successfully disputed by a previous defendant using this car park. The Britannia company number on the agreement is different than the signs and my pcn...is this relevant?

They have submitted photos of the car park which they are relying on to show the signs were visible but they were not in my line of sight on the day. My submitted photos clearly show how i failed to see any signs on the day in the question and are far clearer.

I look forward to the hearing & proving my case and also appreciate all the support from this forum to get me to this point.

Jenni_D

If the company number on the contract is different to that of the company listed on the signs and on your PCN, then that is absolutely relevant - the company chasing you for payment have no contract to operate at that location.  

If they argue that the company operating is a subsidiary of the company with the contract, where is the proof that the subsidiary has such authority? (Bear in mind that they can't hijack you at the hearing with such evidence). Maybe this is one for your crib sheet rather than submitting a SWS.  

Fruitcake

Please show us the claimant's WS including the alleged landowner contract. Redact personal data unless it is already in the public domain.
Please tell us if you redact anything, and if so, what.
Likewise, please tell us if the claimant has redacted anything, and if so, what.

As above, if the company name and/or company number on the signs is different to the company name or company number on the alleged landowner agreement, then I suggest you fire of a supplementary WS to that effect tomorrow morning as soon as the court is open.

ricky_balboa

This is the agreement between Callmount ltd and Britannia Parking services ltd company number 8187238.
My PCN is from Britannia Parking group ltd company number 08182990
They both have different addresses one in Bournemouth and one in Poole.

ricky_balboa

Jenni_D said:

If the company number on the contract is different to that of the company listed on the signs and on your PCN, then that is absolutely relevant - the company chasing you for payment have no contract to operate at that location.  

If they argue that the company operating is a subsidiary of the company with the contract, where is the proof that the subsidiary has such authority? (Bear in mind that they can't hijack you at the hearing with such evidence). Maybe this is one for your crib sheet rather than submitting a SWS.  

Thanks Jenni, what is a SWS? i haven't seen that abbreviation yet.

patient_dream

eg:- "The statement appears to have been cut and paste from websites containing parking forums aiming ti assist motorists contesting parking charges on variety of pre-determined basis as witnessed by solicitor on regular basis and one frequently used forum can be found on www.moneysavingexpert.com"

Typical "cut and paste"  from BWLegal ...... so feeble.
They normally go on to say ..."the WS is nonsensical" ?? 

Such a statement from BWL must have been seen by judges in every court, who cares, judges don't ?

It is flattering they mention MSE though .... "THE CHASE IS ON"