PPM BW legal court help

theeviltwin

Hi all

I have read the newbies threads and a few other posts, I hope I didn't miss anything similar to my case.
Mine like many I was fined multiple times (7), by PPM, in my own parking space even before the first one was issued. The sticker fell on the floor and I didn't even noticed, as I work from home it can take me days to comeback to my car (not that they left any warning). In any case the signs have been covered in paint for a long time by then and strangers would still park in my bae, on top of that I was heavily pregnant with a high risk pregnancy and live on my own. I tried appealing in theirs system but obviously got rejected.

So I was told by a few friends to simply ignore them as they would never take me to court. Then came the letter from the lawyers BW legal, to which I again replied and informed I would not pay and why. Fast forward a few months and they did take me to court! As I am on maternity leave I left to spend time with family and get some help with the baby, so in panic mode I hired a lawyer... whatever I found easier on google search! But I found their poor communication and clarity frustrating and find myself constantly researching online about my situation so my anxiety just got worse having a lawyer than none, according to their policy if I'm unhappy I can ask for a refund, which I did, I got hit with some offences and a low key threat that they could withdraw the defence from the court and immediately make me lose the case, can they do that??

So I made the same mistake again and hired another lawyer, supposedly expert in these matters, after a week of not hearing back (apart from receiving someone else's case - ins't this breach of confidentiality?) I asked for a refund and started wonder if I fell to another scammer (embarrassing I know). So they finally got back to me with an attitude that they have too many cases and I simply have to wait... out of desperation I did not insist on a refund and sent them all I got so far, to which point they told me my defence was terrible and could not possibly have been done by a lawyer *here goes my anxiety again up) and that PPM could ask for my whole defence to be dismissed and when I asked why I got nothing, so I don't even know what's wrong.

Tomorrow I have a mediation (which I didn't want but my first lawyer didn't seem to care what I wanted) and I haven't heard from this second lawyer in days again and I'm being ignored again! They told me they would send me a script.

I am in panic mode, I'm scared not only of the parking company but now also of these lawyers.
What should I do? It seems everywhere I turn for help I end up losing more money... money I don't even have!

LDast

Show us exactly what was out in as your defence to the claims. Are all the PCNs in one claim or are there multiple claims?

Coupon-mad

Tomorrow I have a mediation.

Right.   That'll take just 5 minutes!

Mediation is compulsory for claims made after 22nd May so you have to attend the call (your solicitor was right on that) but you just offer nothing at all and end the call.

Do not get hooked into talking about your defence. Just say "I want a hearing please and will offer zero, so don't bother to ask me".

You must take the call but NOT BE BULLIED by the clueless Mediator.  You do NOT have to offer money.

Meanwhile stop throwing money at solicitors who don't deal with parking cases and have no clue.

If you want a lawyer to represent you at this hearing and help with your Witness Statement (a good idea for a four figure claim but ONLY a parking law specialist firm) then ask Contestor Legal to take the case instead. Google them. Read their blogs. This stuff is what they do every day.

Tell the first lawyer firm (by email, and keep copies of everything) that you will report them to the Law Society, given they appear to be threatening to remove the defence (contrary to your instructions) and make you lose your case.

@Johnersh - a solicitor here - might have something to add about that.

Now:

Show us the defence that was put in, please.

theeviltwin

All the PCNs are in one claim, they are on 1200 now, they added extra 400 right away and then court costs and fees for whatever...

I wrote to the letting agency that reached out to them but they told them they have no authority and proceeded to show them I had more on the way. They created tickets on 4 straight days without even the first one being issued, then took a two day break and did it 3 more times... at this time I received the first one by mail and ran to my park, not knowing 6 more were being issued.

Johnersh

Solicitor can come off record but cannot withdraw a case without permission. 

A claimant no doubt can apply to strike out a poor defence by the defendant, but since the ppcs appear reluctant to incur costs, I suspect that even that is unlikely.

Mediation is here to stay. There's nothing wrong with explaining why you're likely to win. Don't just refuse to make an offer - explain why. Any offers made need to reflect the risk. If the ppc is incoherent or has supplied no evidence when requested, that's on them.

theeviltwin

Thank you, I will do that tomorrow.
Can I resubmit a new defence and witness statement? I also read in a another post that in N180 form you put one witness, and I went back to mine (filled in by the lawyer) and he put zero. Is that something unchangeable? Will that hurt my situation?

What should I do about this second lawyer who has again ghosted me? What should I do about having received from them all this information about a different person, with all their personal data?
I left them a message (after two messages asking for an update in the last two days with no answer) asking them for a refund, but I fear retaliation in some way.

Coupon-mad

No you can't change your defence.

The N180 witness number is unimportant.  Forget that.  You are the witness but the N180 won't matter.  Won't hurt.

Raise formal complaints with both solicitors and tell them you will escalate it to the Law Society.  Tell the first one to confirm to the court & Claimant's solicitors that he is no longer acting.

Please show us your defence in a reply here not as a link that nobody wants to click on.  Redact your personal data.

theeviltwin

DEFENCE

1. The Defendant denies any unauthorised or unlawful parking at the car park managed by the 

Claimant at ******** Birmingham, B**** between 30/11/2023 and 

09/12/2023.

2. The Defendant denies any breach of displayed contractual terms at the car park managed by the 

Claimant at ****** Birmingham, B*** between 30/11/2023 and 

09/12/2023.

3. The Defendant denies any failure to display a valid ticket /permit on her vehicle (registration

mark *****) legally parked at the car park managed by the Claimant at *****, Birmingham, B******* between 30/11/2023 and 09/12/2023.

I, ********, believe that the facts stated in this above statement are true. I understand that 

proceedings for contempt of court may be brought against anyone who makes, or causes to be made, a 

false statement in a document verified by a statement of truth without an honest belief in it.

STATEMENT OF DEFENDANT

My name is ********, I reside at ****** Birmingham, B****. I

make this statement in support of our application to set aside judgement entered against me and do 

solemnly and sincerely affirm that unless I state to the contrary, the facts and matters which are set out 

in this statement are within my knowledge and are true. Where such facts and matters are not within 

my knowledge, I state the source of my information and believe the same to be true. 

1. I would like to begin this statement by apologising to the Court and Claimant for my tardy 

response to their claim. For several months now I have resided in ***** with family so am 

reliant on friends visiting my apartment to collect any mail.

2. I have had a tenancy at *******, Birmingham, B****, the site of the Claimant`s managed car park since 2020.

See attached AD7

3. I have had a valid parking permit to park my vehicle (currently registration mark ****) since November 2020

See attached AD8 & AD1.

4. Upon receipt of a spate of PCN`s from the Claimant (7 in 2 weeks) I wrote to their acting

solicitors with a complaint. My parking permit was always displayed – just sometimes not in the 

windscreen – and conveniently all the Claimants images of my “non display” of valid parking 

permit were of the windscreen or other optimised for purpose areas of my vehicle only.

See attached AD5 & AD6.

5. Having parked my vehicle at this location since 2020 the Claimant is fully aware I am a permit 

holder, but in my opinion, has tried to exploit their position to raise parking fine revenue.

6. Further, the Claimant claims non adherence to posted terms and conditions of parking and is 

completely reliant upon them in their particulars.

7. Please see attached images. This has been the state of those displayed terms and conditions for 

over a year now.

See AD2 & AD3 attached.

8. Whilst I do not condone acts of vandalism (likely from another disgruntled permit holder I would 

imagine) it is hardly conducive to the Claimant claim to state these are clearly displayed terms 

and conditions of use.

9. For the purpose of illustration, I also attached an image of my parking bay in relation to the 

“clearly displayed signage” the Claimant is reliant upon.

See AD4 attached.

10. With respect to the Court, there is no breach of displayed terms here, there is no unauthorised 

parking, but perhaps there is a vengeful attempt at retribution because the signage was also

defaced at my parking bay.

11. Consequently, I ask the Court to dismiss the claim.

I believe that the facts stated in this above statement are true. I understand that 

proceedings for contempt of court may be brought against anyone who makes, or causes to be made, a 

false statement in a document verified by a statement of truth without an honest belief in it.

1505grandad

".......make this statement in support of our application to set aside judgement entered against me ...."

Is this the first we have heard anything about CCJ?

theeviltwin

There's no CCJ.

Those are the statements prepared by the first lawyer and sent to court, by me.

theeviltwin

There's no CCJ.

That's what the lawyers wrote for me and had me sent to court.