URGENT request for advice on defence against Britannia Parking (BW Legal)

Mahule2

Hello and happy New Year! I would like to ask for an advice or your opinions. 

I read the FAQs but I'm still unsure what to do with allegedly unpaid parking claim issued against myself. 

In August 21, whilst on holidays, I parked at Newport, IoW, carpark operated by Britannia Parking which has ANPR recognition. I paid and displayed like I did at every single carpark we used there. The minimum fee was £1.20/hr. Based on BP I stayed 38mins. Unfortunately I disposed the ticket on the day.

Upon my return home, I received a PCN for £100 (£60 if paid within 14days) for 'failing to make a valid payment'. I have appealed the PCN on basis that I paid and I requested the CCTV and the payment records to be investigated. BP never commented on my CCTV request but supplied photos of their signs, outline of the carpark(s) and also a record from a pay machine(s). I use plurals as there are 2 carparks visible on the map they supplied which seem to be separated (with two separate entrances), and there are also 3 pay machines in total (also shown on their map).

My payment is not shown on this record and as I threw away the ticket, I thought the only way to try proving I paid would be receiving the CCTV footage from other sources. I contacted local council who advised to contact Island Roads (Isle of Wight Highway Service). Their response was that Britannia Parking do not have a car park at Hearn Street, PO30 5EH which IS THE ADDRESS THE PCN WAS ISSUED FOR. This was further confirmed by online search for BP's Newport car park which address is Lugley Street, PO30 5HA.

The lease agreement supplied to me upon my appeal shows only the first and the last pages of the Lease agreement between the landowner, Vesplace Ltd. and Britannia Parking Ltd. but clearly shows LEASE Car park premises at Lugley Street, Newport. 

So when I received Claim form from BP in July 22, represented by BW Legal, I based my defence on this discrepancy, started a counter claim and hoped that was going to stop them taking it further. Unfortunately, I have received a Notice of Allocation to the Small Claims Track just before Christmas and now I have only until January 11th to supply any documents I wish to use during my defence, delivered to both the Claimant and the Court. I was ill and then away from country visiting family so now I don't have much time left and if I wish to extend the deadline it will cost me further £108 (if there is still time for it). 

Please can someone advise if I stand a chance by basing my defence on the fact BP has not proprietary interest at the address the PCN was issued for? And if so, what do I need to supply to all parties? 

I don't know where to start but feel like these companies can do anything. I am really stressed about this and cannot believe that 1.5 years later I am still stressing about a consequences of parking for fee of £1.20 which I paid and now I am facing a bill of £300 before the court even started.

I really appreciate any advice you can give me. 

Thank you! 

M.

Mouse007

You now need to prepare your Witness Statement, that is tell your story - I paid and displayed

You can only expand upon the points raised in your defence

AquaMineralis

Yes you have a case.

In order to enforce a parking ticket the first thing a parking company must do is demonstrate that a contract has formed between you and them to park at that location. No contract = no invoice. To demonstrate that a contract is formed they must show that there was clear signage at the location that stated the terms and conditions of the parking, and that they have the authority to manage parking at that location. Otherwise I could send you an invoice for parking there and take you to court over it.

If you believe that they have no authority to do this then that is your defence. You state that you believe that no contract has been formed as BP do not have the right to form contracts at that location. If the PCN is issued for an address and you have written evidence from a government/civil body (Isle of Wight Highway Service) that they do not have parking authority for the car park at that address then no contract can be formed. This can then be backed up by showing that the evidence for their authority (the lease) is for a different address.

It is up to BP to demonstrate the facts of the case that a contract was formed. You have a PCN for an address, evidence saying that they do not have authority, and the evidence BP presents is not for that location. Should be a quick win. I feel like they are chancing it to take it that far in case your inexperience doesn't spot these details and point them out to the judge. Lots of people panic and lose. I lost one once simply because it was scheduled for half way through an overseas holiday and the court would not let me reschedule. You really don't need any other details, they are immaterial. Keep your defence focused, the judge will appreciate it. Don't let the other side submit more evidence.

Le_Kirk

Looks like the OP is at witness statement stage. 
OP you need to write one such to back up your defence as already submitted; you could use the one written by @aphex007 (make sure you find version 3) as an example of style and format.

Mahule2

Mouse007 said:

You now need to prepare your Witness Statement, that is tell your story - I paid and displayed

You can only expand upon the points raised in your defence

Thank you, Mouse007. I abonded the 'I paid and displayed' approach due to not having any proof. I paid by cash and threw away the ticket on the same day. On the contrary, BP has a record from a machine (not sure of which one of the 3 there, or from all). Without an expert digging into the log of their record, I cannot prove they didn't temper with the record or there wasn't a system glitch. They also have the photo from ANPR and due to my appeal also my acknowledgment that it was me driving the vehicle. I don't think I stand a chance as anybody could say they paid and lost/threw away the ticket. I don't have a leg to stand on on that front, I think.   That's why when I received Claim Form with request to reply to the Form, I only used the discrepancy of the addresses as a basis of my defence. My points were 1) no proprietary interest at the address on the PCN, 2) No record of BP carpark located on the PCN address on their own website, 3)  Information from Island Roads that the PCN address is not the address of BP carpark. 4) I believed that was an administrative error as I paid. 5) Stating I have never parked at Hearn Street. I assumed that the defence and witness statements I am requested to supply by 11/1/ should be only based on this. That's my understanding.

Mouse007

Mahule2 said:

... I abonded the 'I paid and displayed' approach due to not having any proof. ...

.... 4) I believed that was an administrative error as I paid.

I hope you didn't abandon that point, does your 4) rescue it?

Just because you don't have physical evidence which you refer to as "proof" does not mean you can not use it as a defence point. Your word, you saying it, is evidence. If the judge believes you are a credible witness, why wouldn't they? then your word may be enough.

You returned to your car, there was no PCN affixed to it, you assumed you were good to go... and had no further need for the ticket that you purchased and displayed.

Coupon-mad

Oh dear.  You abandoned your main defence point.  This wasn't your burden to prove.

ABSOLUTELY DO NOT abandon the point that you did pay and display and Britannia know this because you appealed. They also know it because it IS in the machine log, somewhere.

State that you think they provided a log from the wrong machine and you put them to 'strict proof' of all three machine logs because at best, this is a VRM keying error that parking firms are required to look for, identify and cancel PCNs on appeal (or preferably not issue term for keying errors at all).  This is a requirement of the BPA Code of Practice 'keying errors' section and the new Government statutory CoP, which is stalled temporarily but IS coming in, and the terms and rules are well known to BPA member firms like Britannia and are not affected by the current legal challenge delay.

now I am facing a bill of £300 before the court even started.

Errmm...you realise if you lose (as long as you act reasonably, attend the hearing and get a WS in) you'd pay LESS?!

Why do people think it's more.  Obviously the claim is unreasonably inflated by £70 fake 'DRA recovery fee' (that Britannia did not pay...) and extortionate interest.

Canny Judges don't grant all that!

Crack on with adapting the exemplar WS by @aphex007

Is the partial landowner authority that you were sent, with the RIGHT Britannia (full name matches the name on the claim form exactly - word for word?).

Mahule2

AquaMineralis said:

Yes you have a case.

In order to enforce a parking ticket the first thing a parking company must do is demonstrate that a contract has formed between you and them to park at that location. No contract = no invoice. To demonstrate that a contract is formed they must show that there was clear signage at the location that stated the terms and conditions of the parking, and that they have the authority to manage parking at that location. Otherwise I could send you an invoice for parking there and take you to court over it.

If you believe that they have no authority to do this then that is your defence. You state that you believe that no contract has been formed as BP do not have the right to form contracts at that location. If the PCN is issued for an address and you have written evidence from a government/civil body (Isle of Wight Highway Service) that they do not have parking authority for the car park at that address then no contract can be formed. This can then be backed up by showing that the evidence for their authority (the lease) is for a different address.

It is up to BP to demonstrate the facts of the case that a contract was formed. You have a PCN for an address, evidence saying that they do not have authority, and the evidence BP presents is not for that location. Should be a quick win. I feel like they are chancing it to take it that far in case your inexperience doesn't spot these details and point them out to the judge. Lots of people panic and lose. I lost one once simply because it was scheduled for half way through an overseas holiday and the court would not let me reschedule. You really don't need any other details, they are immaterial. Keep your defence focused, the judge will appreciate it. Don't let the other side submit more evidence.

Thank you, AquaMineralis. I looked back at their comment to my POPLA appeal (they called it OP statement) and they clearly state they have authorisation from the landowners and they enclosed a copy of that document showing they have contractual agreement to managed the parking. Their document shows address A whilst PCN shows address B. Thank you for your advice, I will attach all of the evidence when sending my defence documents. By the way, is it ok to deliver all the documents to the court as well as the claimant by email or does it have to be delivered by post?

Mahule2

Le_Kirk said:

Looks like the OP is at witness statement stage. 
OP you need to write one such to back up your defence as already submitted; you could use the one written by @aphex007 (make sure you find version 3) as an example of style and format.

Thank you. Please can you help me to find the OP you mention? There seem to be 10 posts by @aphex007

Coupon-mad

will attach all of the evidence when sending my defence documents.

You aren't sending defence docs. You are at WS stage and the regulars here told you how to do that bundle and we linked you to the profile that has the WS everyone adapts.

You realise you chose to reply to the one person who has just this ONE POST on this forum? Just because a person gives a long reply doesn't mean that's the reply to hang your hat on.  In fact it's not a bad reply and I mean no personal criticism (we all started somewhere) but be aware that reply is from an unknown (brand new) poster - and they are newer to posting than you are!

We get parking firms posting here - beware.  You should really be concentrating on the advice you get from those with thousands of posts. I have over 100k posts over more than 15 years here, for example.

Mouse007 is fine too, with over 700 posts and is here most days advising people.

Umkomaas

I abonded the 'I paid and displayed' approach due to not having any proof. I paid by cash

If you don't state that you paid and displayed, the inference might be that you didn't and the parking charge might be upheld.