County Court Claim Form, Britannia Parking / BW Legal

qwertyoffice

Can one of you experts please confirm this looks ok please as I need to send it ASAP?  

https://docs.google.com/document/d/1WDFITv_VfDYe4ewpX18N5-XPZHqiIb11/edit?usp=drive_link&ouid=103589061903042250373&rtpof=true&sd=true

KeithP

qwertyoffice said:

Can one of you experts please confirm this looks ok please as I need to send it ASAP?  

https://docs.google.com/document/d/1WDFITv_VfDYe4ewpX18N5-XPZHqiIb11/edit?usp=drive_link&ouid=103589061903042250373&rtpof=true&sd=true

                 

                      

qwertyoffice

KeithP said:

qwertyoffice said:

Can one of you experts please confirm this looks ok please as I need to send it ASAP?  

https://docs.google.com/document/d/1WDFITv_VfDYe4ewpX18N5-XPZHqiIb11/edit?usp=drive_link&ouid=103589061903042250373&rtpof=true&sd=true

                 

                      

Sorry I have made the file available to anyone now! 

Coupon-mad

Can you possibly just copy and paste your draft wording, as people are wary of clicking on links.

What's the full name of the Claimant as stated on the Claim form?

1505grandad

Para 33  -  " (on my vehicles windscreen), as there were no Claimant signs clearly and prominently displayed on the approach road to my workplace car park, upon which my vehicle was parked."

Is the above correct or c & p error?

qwertyoffice

1505grandad said:

Para 33  -  " (on my vehicles windscreen), as there were no Claimant signs clearly and prominently displayed on the approach road to my workplace car park, upon which my vehicle was parked."

Is the above correct or c & p error?

Well spotted, that is a copy and paste error I will take out paragraph 33, thank you!

qwertyoffice

Coupon-mad said:

Can you possibly just copy and paste your draft wording, as people are wary of clicking on links.

What's the full name of the Claimant as stated on the Claim form?

The claimant's name on the claim form is Britannia Parking Group.


It will not let me copy and paste the wording here as it is over the max character allowance

1505grandad

"The claimant's name on the claim form is Britannia Parking Group."

Does the claim form after the above also include "T/A" something in claimant box?


"It will not let me copy and paste the wording here as it is over the max character allowance"

You can spread it over more than two posts

qwertyoffice

1505grandad said:

"The claimant's name on the claim form is Britannia Parking Group."

Does the claim form after the above also include "T/A" something in claimant box?


"It will not let me copy and paste the wording here as it is over the max character allowance"

You can spread it over more than two posts

Sorry, it does say T/A Britannia Parking

Here it is split over a few posts…

qwertyoffice

1. I am Mr Smith of Billericay, Essex, and I am the defendant against whom this claim is made. The facts below are true to the best of my belief and my account has been prepared based upon my own knowledge.

2. In my statement I shall refer to exhibits within the evidence supplied with this statement, referring to page and reference numbers where appropriate. My defence is repeated and I will say as follows:

Sequence of events

3. I drove to Wickford Train Station on 30/09/21 and parked in the car park.

4. The only visible Pay & Display Terminal (PDT) was out of order.

5. Whilst walking around train station car park and surrounding area looking for a working PDT, by the time I got back to my vehicle I already had a Parking Charge Noticed (PCN) raised, as informed to me from the staff member on site. They informed me that tickets need to be purchased within 20 minutes from entering the car park.

6. The claimant has admitted the PDT machine was out of order on their witness statement.

7. Whilst on the train, I tried paying online to get the PCN revoked but it was not possible to pay from an earlier parking time.

8. On paragraph 23 of the claimants Witness Statement, the last sentence suggests in the strongest terms that the use of a template is unreasonable behaviour.
Yet on paragraph 28 they use the words "I am instructed..." is 'not within the knowledge' of the statement writer. Is that too 'unreasonable behaviour'?

8. With regards to paragraph 2.1 of the claimants Witness Statement, the "letter of authority dated 7th November 2016"  between BW Legal Services Ltd and John Holman & Sons, the letter of authority included in their evidence is not a letter of authority, it is a letter requesting a letter of authority. Besides, a letter of authority is not a contract.
They state in the last paragraph that a service contract dated 29/03/2010 is ongoing, but the issue from this is neither Britannia Parking Services Ltd or Britannia Parking Group Ltd existed at this date; (both companies were not incorporated until August 2012-more than 2 years later). John Holman & Sons Ltd were incorporated in May 2014, some 4 years later, so there Witness Statement cannot be true. 

8. In the sparse/generic POC in this case compared to the sudden (different and accusatory) allegations in the Claimant's legal representative's witness statement, my alleged lack of intelligence was not pleaded; certainly not an embarrassing and unjustified accusation about my intelligence and ability to understand my own defence, no matter how I researched it, to which I take offence and which constitutes a personal attack and an unpleaded ambush defying any reasonable explanation.
Unjustified attacks in witness statements like this should affect costs.  It is not a third party, possibly intellectually malnourished, paralegal's place to suddenly attack me with bald assertions and hypocritically using their own template for their Witness Statement.
Further, I ask that the Judge might consider striking out all or part of the so-called witness statement of the para-legal who has most likely never been to the car park in question.  The person making these unpleaded and unevidenced allegations is not a true witness, nor are they even an employee of the Claimant.  The court requires the witness statements of the 'parties' and there is nothing from the Claimants themselves, who are also unlikely to attend the hearing.
The word "nonsensical" features a lot in Witness Statements written by employees of BW Legal Services Ltd... so much so that one might come to the conclusion that BW Legal Services Ltd are actually using a template - a process frowned upon by the Claimant in their very own paragraph 23. To use BWL's words once more... is this not "unreasonable behaviour"?

9. If the Claimant's Witness Statement is allowed to stand, and bears scrutiny at the hearing, naturally I believe that less weight should be given to it than to my own account.