Court Claim form did not receive and not able to Acknowledge receipt of claim online please HELP

zeljko

1505grandad said:

Are you looking at this as advised by C-m?:-

https://www.dropbox.com/scl/fi/umwm4jzp7csnmfz7hwv92/WS.docx?rlkey=6ege2dskrqyqxg6gnopfdzgi9&dl=0

"You need to look at the WS bundle by @_blueberry_ for the extra stuff you need re the struck out cases, especially CEL v Chan."

Thank you. I have now amended WS as suggested all 4 Exhibit...

https://www.dropbox.com/scl/fi/4tfmeq95xy60m36qiusal/Witness-Statement-and-Exhibits_J3DP7V0V_draft.pdf?rlkey=6aqe6cbi1tmrrj1ohbp1ejne4&dl=0

I need to submit WS 14 days before my hearing date (24/11). Can I submit via postoffice two days before or?

Castle

They can be a subsidiary of another Ltd company; but, there needs to be a contract/agreement between Britannia Parking Services Ltd and Britannia Parking Group Ltd.
(Britannia Parking Services Ltd are not AOS members).

zeljko

Coupon-mad said:

zeljko said:

Coupon-mad said:

Just a quick reply as I only skim-read this. 

You need to look at the WS bundle by @_blueberry_ for the extra stuff you need re the struck out cases, especially CEL v Chan.

Also please show us the Particulars of Claim.

Yes I was checking WS bundle by @_blueberry and I can see "Exhibit xx07   CEL v Chan Case Transcript" but could not see where in hiss WS he is referencing  Exhibit xx07 .
Should I just add CEL v Chan Case Transcript?

Surely you didn't stop at the first draft you saw in that thread, before advice and changes?

You didn't read on for the final WS bundle nor read how they got £500 in costs?

We are instructed that Britannia Parking Services limited is a subsidiary company of our Client.

I don't think a Ltd company can be a subsidiary of another Ltd company. Did they attach a copy of this 'landowner agreement'? If yes, please show it.

What EXACTLY does the claim form say in the Claimant box (name of Claimant) and what does the POC say under that? The POC are on the Claim Form, not anywhere else.

Hi,
No, they never provided full 'landowner agreement' I only could see Britannia Parking SERVICES Ltd, company number 08187238, and owner was hidden, maybe they will send it with their WS. (could not find this agreement at the moment).

And yes you are right about 2nd point:

The landowner contract only authorises a Limited company called Britannia Parking SERVICES Ltd, company number 08187238:
https://beta.companieshouse.gov.uk/company/08187238
The signs and Notice to Keeper in this case (on the footer) state that the operator is Britannia Parking Group Ltd, T/A ''Britannia Parking'', a completely different legal entity with Company number 08182990:
https://beta.companieshouse.gov.uk/company/08182990

This is my two main point to fight against this claim. I have include both points in my Defence.

I used 3 different draft :-) but still need to work on it. 

zeljko

Castle said:

They can be a subsidiary of another Ltd company; but, there needs to be a contract/agreement between Britannia Parking Services Ltd and Britannia Parking Group Ltd.
(Britannia Parking Services Ltd are not AOS members).

Agree, I have used this in my Defence,

The landowner contract only authorises a Limited company called Britannia Parking SERVICES Ltd, company number 08187238:
https://beta.companieshouse.gov.uk/company/08187238
The signs and Notice to Keeper in this case (on the footer) state that the operator is Britannia Parking Group Ltd, T/A ''Britannia Parking'', a completely different legal entity with Company number 08182990:
https://beta.companieshouse.gov.uk/company/08182990 

Le_Kirk

zeljko said:

I need to submit WS 14 days before my hearing date (24/11). Can I submit via post office two days before or?

Email is the best way to submit; it is instant and you have a record of having sent it, especially if you send it to yourself as well.  Don't forget to send copy to claimant.  Do be aware that some courts have a limit of 50 pages.

zeljko

Defendant Defence:

4.No Evidence of Landowner Authority Further and in the alternative, the Claimant is put to strict proof that it has sufficient proprietary interest in the land, or the necessary landowner authorisation to issue PCNs under these circumstances and to pursue keepers by means of civil litigation.

The Claimant has failed to show that it has landowner authority to issue PCNs, and has instead produced a contract only with another company.  
4.1 The landowner contract only authorises a Limited company called Britannia Parking SERVICES Ltd, company number 08187238:
https://beta.companieshouse.gov.uk/company/08187238
4.2 The signs and Notice to Keeper in this case (on the footer) state that the operator is Britannia Parking Group Ltd, T/A ''Britannia Parking'', a completely different legal entity with Company number 08182990:
https://beta.companieshouse.gov.uk/company/08182990

Britannia Parking respond:

6.           Paragraph4 of the Defence is denied. Paragraph 2 above is repeated. The Claimant has full and correct authorisation from the landowner to manage and enforce parking under an agreement dated 27/10/2020 at the Car Park.

But they never provided any proof for this.

Coupon-mad

Then your WS should respond to that.
Use this case which ended up: Britannia 0  'Icicle Boy from MSE' 1

  

DISTRICT JUDGE BISHOP
READING COUNTY COURT

CLAIM NUMBER F1DP7C2  

Summary below (ironic that this BW WS was written/signed off by Jackson Yamba who is now firmly on the good side):

Britannia are still filing cases where the landowner authority is in the name Britannia Parking Services Ltd yet the NTK and claim was from the 'other Britannia Ltd company:

https://forums.moneysavingexpert.com/discussion/6008854/britania-parking-pcn-bournemouth/p5

As this was at Reading, a forum member went along with the D, but he showed me BW Legal's WS a few days ago and I spotted the issue and alerted them to it.

BW Legal had written (sounds familiar?):

''for the avoidance of doubt, Britannia Parking are part of the Britannia Parking Group Ltd''

and someone had attached the NTK and all the letters, carefully or negligently (somehow, but very obviously) using each letter to OVERLAY and in fact cover up the footer on every single one above it in the stack, then they chopped off the bottom one... astonishing.

We all know what was actually on the footer of each Britannia letter that BW Legal didn't want us to notice and had chopped off...yep, the Britannia Parking Group Ltd company name and number.

Problem for them was, the contract (sign) at this site is in the name of Britannia Parking Services Ltd and gave their - completely different - company number.  

zeljko

Castle said:

They can be a subsidiary of another Ltd company; but, there needs to be a contract/agreement between Britannia Parking Services Ltd and Britannia Parking Group Ltd.
(Britannia Parking Services Ltd are not AOS members).

Under footer they have:

"Britannia Parking is a registered Trading Name of Britannia Parking Group Limited and any of its wholly owned subsidiaries"

But they never again provided proof  contract/agreement between these two entities  

zeljko

Coupon-mad said:

Then your WS should respond to that.
Use this case which ended up: Britannia 0  'Icicle Boy from MSE' 1

  

DISTRICT JUDGE BISHOP
READING COUNTY COURT

CLAIM NUMBER F1DP7C2  

Summary below (ironic that this BW WS was written/signed off by Jackson Yamba who is now firmly on the good side):

Britannia are still filing cases where the landowner authority is in the name Britannia Parking Services Ltd yet the NTK and claim was from the 'other Britannia Ltd company:

https://forums.moneysavingexpert.com/discussion/6008854/britania-parking-pcn-bournemouth/p5

As this was at Reading, a forum member went along with the D, but he showed me BW Legal's WS a few days ago and I spotted the issue and alerted them to it.

BW Legal had written (sounds familiar?):

''for the avoidance of doubt, Britannia Parking are part of the Britannia Parking Group Ltd''

and someone had attached the NTK and all the letters, carefully or negligently (somehow, but very obviously) using each letter to OVERLAY and in fact cover up the footer on every single one above it in the stack, then they chopped off the bottom one... astonishing.

We all know what was actually on the footer of each Britannia letter that BW Legal didn't want us to notice and had chopped off...yep, the Britannia Parking Group Ltd company name and number.

Problem for them was, the contract (sign) at this site is in the name of Britannia Parking Services Ltd and gave their - completely different - company number.  

I saw this example when I got my 1st NTK 2020 :-) .
I also have hearing at Reading Court against BW LEGAL.

I can add this inside my WS but where should be best location, under : Facts and Sequence of events, Defence or Conclusion?

Below is part which I wanted to or?

4) There is no evidence of Landowner Authority - the operator is put to strict proof of full compliance with the BPA Code of Practice. Britannia Parking Group Ltd (No 08182990) issued the NTK, but the “Landowner” contract is with Britannia Parking Services Ltd (No 08187238), which is a different company. Therefore, there is no evidence that Britannia Parking Group are authorised by the landowner to issue PCNs/NTKs.
a. If the “parking charge” listed in the particulars of claim is to be considered, a written agreement between Defendant and Claimant then under 7.3, the particulars fail to include “a copy of the contract or documents constituting the agreement”.
6) As previously stated, Britannia Parking Group are not the lawful occupier of the land. The Defendant has reasonable belief that they do not have the authority to issue charges on this land in their own name and that they have no rights to bring action regarding this claim.
a. The Claimant is not the landowner and is merely an agent acting on behalf of the landowner and has failed to demonstrate their legal standing to form a contract.
b. The Claimant is not the landowner and suffers no loss whatsoever as a result of a vehicle parking at the location in question.
c. The Claimant is put to proof that it has sufficient interest in the land or that there are specific terms in its contract to bring an action on its own behalf. As a third party agent, the Claimant may not pursue any charge

Coupon-mad

Put it as a Preliminary Matter, paragraph 2 onwards, obviously stating the Claim number and Judge's name.

If you send a pm to @patient_dream he might still have the BW WS and date of hearing and the Defendant's surname, because he's local to you and had involvement in the case too.

Under footer they have:

"Britannia Parking is a registered Trading Name of Britannia Parking Group Limited and any of its wholly owned subsidiaries"

But they never again provided proof  contract/agreement between these two entities .

But that's not the two entities we talked about. That's not relevant to the sign or NTK.