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

Coupon-mad · 11 January 2023 at 2:54AM

"Would the machine let me pay but not input the VRM? Would the record even show if there isn't a VRN assigned to it?"

Yes and yes. It should be there on the machine log.

I think you need to face and raise your suspicions that this is the wrong machine log list, head on in your WS (avoiding ANY accusation of deliberate wrongdoing and certainly not using words like 'fraud' or 'forgery' or anything that's criminal).

The rest looks fine now and I take your point if you say the £100 is in large text and so is the term about VRMs.

Mahule2 · 11 January 2023 at 3:17AM

Coupon-mad said:

"Would the machine let me pay but not input the VRM? Would the record even show if there isn't a VRN assigned to it?"

Yes and yes. It should be there on the machine log.

I think you need to face and raise your suspicions that this is the wrong machine log list, head on in your WS (avoiding ANY accusation of deliberate wrongdoing and certainly not using words like 'fraud' or 'forgery' or anything that's criminal).

The rest looks fine now and I take your point if you say the £100 is in large text and so is the term about VRMs.

Thank you so much! I really appreciate all your help.
I will get this ready now, read it again first thing in the morning and send it off.
I can't wait to get this out of way. I hardly slept these last days. It's so frustrating and stressful.

Mahule2 · 13 January 2023 at 12:24AM

Just a quick one; Does the claimant have to deliver their document and evidence by the same deadline as defendant? I haven't received anything from them.

KeithP · 13 January 2023 at 12:32AM

Mahule2 said:

Just a quick one; Does the claimant have to deliver their document and evidence by the same deadline as defendant? I haven't received anything from them.

Usually both Claimant and Defendant have the same deadline.

Look again at your Notice of Allocation. The Notice that gives the hearing date. You mentioned it in your opening post.

Is there not a paragraph something like:

Each party must deliver to every other party and to the court office copies of all documents on which he intends to rely at the hearing no later than [ . . . ] [14 days before the hearing].

Might be on the back.

'Each party' means both the Claimant and Defendant.

Mahule2 · 13 January 2023 at 10:30AM

KeithP said:

Mahule2 said:

Just a quick one; Does the claimant have to deliver their document and evidence by the same deadline as defendant? I haven't received anything from them.

.....

Thank you, KeithP. Found it. So they are not supply any evidence? What are they going to 'lean on' at the hearing? Or would the court already have had their evidence (PCN, photos,...) or can they just see the POPLA appeal without the claimant actually sending the paperwork?

Le_Kirk · 13 January 2023 at 11:14AM

If you get to the hearing without having received their WS and you have supplied yours to court and claimant, make it the first item on the agenda before the judge can start the hearing proper and ask that (should the claimant's WS miraculously and suddenly appear) that it is barred from being used by them.

Mahule2 · 20 January 2023 at 10:15AM

Hello again. Good news. Britannia Parking's DPT has replied to me with the documents I requested (nothing new though, no records of my numerous calls), and mentioned there is 1 PCN issued but it has been cancelled with no further action. The Notice of Discontinuance from BW Legal arrived yesterday.

I am really happy with this but I am disquieted with their practices! As they didn't submit any documents or evidence to myself and the court, I assume they were not planning to even go to the court, just tried bully me into paying. I had informed them they issued the PCN for incorrect address so they knew legally there wasn't much chance. I spent days and days on defending this whilst they just do a print run and spend very little time doing what they do probably every day. I wonder how many people pay just to stop their bullying approach!

I have filed a counterclaim back in July 22 for 15 hours (BACK then!) of my time spent fighting this incorrectly issued claim, stress and impact on my mental health and potential threat to my credit rating. I claimed £300 and paid the £35 fee for this. Their defence to that was that basically it was my own fault because I didn't pay the parking fee and they had evidence. And by my actions the case dragged resulting in higher penalty. They also said I failed to prove my mental struggles by providing any medical evidence.

My question is; What happens now? Do I have to take any action with regards to my counterclaim or is it get struck as well?

I can't believe how these companies treat people. The waste of time involved, not only mine but the courts, yours.... You can imagine the stress caused by this. I paid but failed to keep the record long enough, for that I have been worrying about this for 1.5 years! And that all for allegedly unpaid fee of £1.20

Mahule2 · 20 January 2023 at 10:16AM

PS: I would like to receive from them the reason why they finally cancelled the PCN. Worth asking them?

Coupon-mad · 20 January 2023 at 5:56PM

Well done!

ANOTHER ONE BITES THE DUST!

Wait, they discontinued but you have a live counterclaim?

If you wish to continue with that you must pay the hearing fee. Email your court to point out the counterclaim is still 'live' and you want to pay the hearing fee and proceed (if you do).

But please tell us EXACTLY - word for word - how it was pleaded (by you) as most counterclaims are hopeless...and costs are not a valid counterclaim.

Mahule2 · 21 January 2023 at 9:31AM

Coupon-mad said:

Well done!

ANOTHER ONE BITES THE DUST!

Wait, they discontinued but you have a live counterclaim?

If you wish to continue with that you must pay the hearing fee. Email your court to point out the counterclaim is still 'live' and you want to pay the hearing fee and proceed (if you do).

But please tell us EXACTLY - word for word - how it was pleaded (by you) as most counterclaims are hopeless...and costs are not a valid counterclaim.

I am not sure what the counterclaim process/status is. On their Notice of Disc. they struck out the counterclaim option. I suppose that one is up to me to discontinue.

However, I wonder if I even filed the counterclaim correctly. I have filled the paperwork requested, paid the original filing fee of £35 but haven't received any communication about it since. Not sure there should be some though... Please can you explain what the process is? I attach the counterclaim so you can have a look. It wasn't planning to go forward with it, just thought it might have deter them, so I didn't do any research back then. It is probably rubbish. I think I had to fill in the value when filing it online hence the £300.

I don't really want to take this further as it dragged long enough but on the other hand, if I stand a chance I would consider taking it further just out of principle. I know one counterclaim won't suppress their bullying methods but if everyone stands back, they will do what they want which is why I didn't pay the penalty in the first place. This industry really needs the new code of practise in place. I wish you best of luck with it!