Bank Park Management

Diamondder

I received a fine from the above last year for parking in waitrose without a ticket.  But I'm 100% sure I had a ticket as I park there all the time.  I'm also 99% sure I put the correct plate number into the machine.  So I challenged it requesting proof.  Thinking there is a small chance I hit on digit wrong.  But they have said they are unable to provide proof due to regulations.  They are now taking me to court despite me requesting proof at least 10 times.  I'm not a solicitor but they are saying I parked without paying I'm saying I didn't surely the onus is on them to prove it? If they now do provide this evidence will that no stand against them as I've requested in 10x previously and said I would pay if they can prove it? I'm really not sure how they can possibly win. Thanks 

Coupon-mad

They can't. You'd win,

But if you get a claim form you must defend it. Who is the latest threatogram from?

Had a Letter of Claim yet?

Diamondder

It from bw legal their solicitor.  But I've defended the ccj waiting for the questionnaire from the court

Coupon-mad

Diamondder said:

It from bw legal their solicitor.  But I've defended the ccj waiting for the questionnaire from the court

You didn't have a CCJ. It was a Claim Form. Please show it to us, redacted of the same 4 things you see redacted on all the other threads on the forum.

And copy & paste your defence here so we can see what you can work on for WS and evidence stage before the hearing.

Diamondder

Yes sorry the claim form . I defended it saying I've asked 10x for the evidence from the payment machine which they said they can't provide.  I also paid for a counter claim as I've wasted a good amount of time on this.  The solicitor then wrote to me saying if I withdrew the counter claim they would stop the claim ! So I said if they give me half what I'm claiming for I will do. They are not continuing the claim.  It's not about the money , they know they are wrong and I bet a lot of people just pay when they get the ccj claim form. I want an admission they are wrong via a payment to or preferably a court decision. 

Coupon-mad

Diamondder said:

Yes sorry the claim form . I defended it saying I've asked 10x for the evidence from the payment machine which they said they can't provide.  I also paid for a counter claim as I've wasted a good amount of time on this.  The solicitor then wrote to me saying if I withdrew the counter claim they would stop the claim ! So I said if they give me half what I'm claiming for I will do. They are not continuing the claim.  It's not about the money , they know they are wrong and I bet a lot of people just pay when they get the ccj claim form. I want an admission they are wrong via a payment to or preferably a court decision. 

Great! So they've discontinued but your counterclaim is still live? Did you counterclaim for a certain £sum?

You'll need to do a Witness Statement with evidence and pay the hearing fee.

Diamondder

No they said they would discontnue if I withdrew the claim which I've not. So both claims are live. I counter claimed for the same amount they claimed for. They are claiming for something they can't prove so I've said the same amount . I paid 35 for the counter claim. I'm waiting for the directions questionnaire from the court? They have filled theirs and sent to me. I get the feeling they were hoping I would just pay when they sent the threat of a ccj and did not expect me to counter! 

Coupon-mad

Very good! Carry on.

By the way, the hearing fee would only become yours to pay if they discontinue, just to make that clear.