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Disputed Parking Charge Britannia Parking Represented by BW Legal

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Comments

  • flooredDesign
    flooredDesign Posts: 58
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    With Reference to this @Coupon-mad

    "Why would you want to supply a WS anyway? She's the defendant so cover it all in her WS."

    I missed the point that we are only allowed to submit ONE WS per party. So it wasn't really a choice about a WS or being a LR.

  • Coupon-mad
    Coupon-mad Posts: 166,357
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    No, that's not the case.

    She could have also included yours in her bundle but I think you are much better just being the Lay Rep and both of you being very clear with the usher and judge that YOU are speaking for her and are not just a Mckenzie friend. Look it up.

    She must attend too, though, or you'd have no rights at all.

    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
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    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • flooredDesign
    flooredDesign Posts: 58
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    Good evening,

    Just a quick question. Notice of Allocation to Small claims Track states

    It is ordered that :

    Contact Details

    1. By no later than 4pm on 11th May 2026 every party must send the court and the other parties an email address which can be used for service of documents.

    BW legal have not done this. Surely it is a requirement for them to send us their contact email.? Or are we to assume that we have a contact email for them?

  • Coupon-mad
    Coupon-mad Posts: 166,357
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    They probably only sent it to court.

    Did you comply?

    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
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    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • flooredDesign
    flooredDesign Posts: 58
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    Yeah I sent through my email to them and to the court. So I should expect the court to send it through?

    I did phone them to ask for an email. They refused and told me the only way to do it was through the portal on the website. I told them this wasn't a suitable method and found an email address on the forum.

  • Coupon-mad
    Coupon-mad Posts: 166,357
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    So they refused, even though the judge ordered that they 'must'!

    You might get a chance to mention that in the hearing. It's not a defence but is a breach of the directions in the hearing Order.

    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • flooredDesign
    flooredDesign Posts: 58
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    Good evening, so the scoundrels haven't given up yet. BW Legal are being most persistent. The Witness statements were due on the 29th of May. They filed on the 29th as did I. Although I have to confess I felt a little overwhelmed with it and perhaps I could've done better.

    The main argument is , The car park was for Patrons only. We were patrons but did not register the car. The receipt was filed with the statement. The 2nd is it was evening in Winter with poorly lit signage ( photos didn't do it justice ) and finally the Charge is against my wife but I was the driver. We only have her testimony to this and the Certificate of motor insurance with me as the named driver.

    The have paid the court fees and the Case in on the 30/06. I am becoming increasingly uncomfortable now the time is drawing near. Should I hold my nerve??!!

  • Gr1pr
    Gr1pr Posts: 16,680
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    edited 18 June at 7:42PM

    It doesn't matter who was driving

    The defendant is the keeper but not the driver, so the defendant must see it through ( you are a stranger to the case in the eyes of the law, because you are not the defendant. ) Remember, you are a lay representative only

    B W Legal will follow their clients instructions, they are a 3rd party contracted to follow the Money Claim system

    You should have expected them to proceed to a paid for hearing, as has happened

    Her testimony was filed under a statement of truth, so is on file, as are any exhibits like the insurance document

  • flooredDesign
    flooredDesign Posts: 58
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    Well I was hoping they would've given up by now.

    It has become apparent that I am a stranger to the case , even though the whole thing has been handled by me.

    So her statement is on file and so her being the registered keeper but not the driver doesn't matter. That'd be one piece of the witness statement that won't be valid.

  • Gr1pr
    Gr1pr Posts: 16,680
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    edited 18 June at 8:02PM

    Start over

    She is the defendant

    She is the Registered Keeper

    She was not the driver, its irrelevant as to who was driving, could have been me as far as the case itself is concerned, its also irrelevant that you handled the case on her behalf

    The POC is against the driver, your wife is the defendant, but not the driver, claim fails

    Because the defendant was not the driver, and because Britannia Parking failed to comply with Pofa2012, the defendant has no legal liability in law, so the claim should fail, job done , so you are wrong on that score, its extremely and crucially valid

    B W Legal cases tend to go to a hearing, so expecting a discontinuation was wishful thinking

    The game will go to the full 90 minutes and decided on penalties, in court

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