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PCN / Britannia Parking & BW Legal

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  • FruitcakeFruitcake Forumite
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    Well done and thanks for letting us know. :T
    I'm look forward to a more detailed version of your win.
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  • Le_KirkLe_Kirk Forumite
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    Well done, looking forward to reading the court report when you come down from walking on the ceiling!
  • Coupon-madCoupon-mad
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    Brilliant news, the second winning one I've read about this afternoon!

    ANOTHER BRITANNIA ONE BITES THE DUST!

    Well done to you!

    Please give us a long & detailed report about how you felt, what tips you would give newbies about the court experience & what to expect, then what the rep said and what the Judge said (and who the Judge was, if you know).

    And did you claim your costs at the end, as people only need to ask and they get £100 or more, usually.

    :T
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  • UmkomaasUmkomaas Forumite
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    Excellent result, an increasingly irritating monkey off your back. :T
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .
    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.
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  • beamerguybeamerguy Forumite
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    moon_dust wrote: »
    My case was heard this morning at Oxford and I WON! :T

    I don't have time to provide all of the details right now, but I will summarise the details within the next few days.

    Huge thank you to everyone who has helped me on here, particularly Taliessa (who also won her case around a month ago), Coupon-Mad, Umkomaas, Le Kirk, Redx, Fruitcake, plus all of the others who have helped in some way. I could never have done it without all of your help.

    Cheers everyone. Have a good weekend :beer:

    Well done .... and in Reading an hour later BWLegal/Britannia lost again

    https://forums.moneysavingexpert.com/showthread.php?p=76705445#post76705445
  • edited 13 January 2020 at 5:50PM
    moon_dustmoon_dust Forumite
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    edited 13 January 2020 at 5:50PM
    Hi all.

    Thanks for your comments.

    I am currently away on holiday this week but here are the details from memory.

    My hearing was last Friday morning and I was expecting to be up against a legal representative from BW Legal. I arrived around half an hour early and upon registering my arrival, I was told that my opposition was there waiting. I walked over and introduced myself to a young man who I thought was from BW Legal; it turns out that he was just a self-employed trainee barrister with less than a year's experience. I was expecting him to be cold and defensive. Actually, he was the opposite.

    I could see he was struggling to read and make sense of the witness statement provided by BW Legal. He told me it was very poor and said that I really have nothing to worry about. Once I heard this my nerves eased quite a bit and I felt more comfortable. He pretty much conceded defeat within the first few words. He went on to explain that he really doesn't like these cases, but it's good experience.

    You will see from my earlier posts that there were three issues with my case: the first being unclear, insufficient signage; the second that the Landowner Agreement was flawed; and finally the added fees.

    I discussed these issues with the legal rep. whilst still waiting to be called up. He agreed with me on all of them. He said that the Claimant's WS does not prove that the signage was sufficient. He also said that the legitimacy of the Landowner Agreement has not been proven. The final point regarding the added costs, he said that they are always dropped anyway.

    The rep. reiterated that the burden of proof sits with him, and based on the information that he was given, he was going to have a very hard time defending the case. He even admitted he felt embarrassed to be defending BW Legal. I almost felt sorry for him. He went on to say that he gets paid either way, so it didn't really matter from his perspective.

    Now as far as I was concerned at this point, I walked in to the court room thinking that I would win, but thought it might take some work to convince the judge. The judge had the whole thing summed up when we walked in. She introduced herself and the Claimant's legal rep. and went on to succinctly summarise the case, with the three points as outlined above. She explained again that the burden of proof sits with the Claimant and she can see a number of issues with their WS. However, all of the other issues around the case are of less importance as there is a fundamental problem with the Landowner Agreement, as I had identified within my Defence and WS.

    The judge read back my statement regarding the concerns over the Landowner Agreement that was provided by BW Legal. I stated that It has not been made clear that the Claimant has any legal standing to enter into a contract or to litigate in their own name on behalf of the lawful occupier. First of all, the document was between a company called Callmount Ltd and Britannia Parking Services. The company making the claim against me were Britannia Parking Group. [The company names could be the other way around - cannot recall without the paperwork in front of me. Either way the point remains the same]. The point being that these are two separate legal entities as registered with Companies House. Also, there is no mention of who Callmount Ltd are and whether they have any rights to the land. Finally, the document was not dated and neither was it signed by the Supplier.

    The judge asked my opposition if he could provide any information to counter these points and he said he could not. Based on the information provided to him, he had no defence.

    At this point the judge explained that the legitimacy of the case was extremely questionable and that she had no other option but to dismiss it on these grounds.

    We then discussed my costs and I managed to get the maximum amount available for loss of earnings (£95), plus my travel, parking, stationery and litigant in person rate of £19 per hour (x3 hours). In total I am due to receive around £190.

    Overall, although this has been stressing me out for over a year, I really feel that justice has been served. It was worth the fight and I would recommend that anyone else in my position do the same. I have never been to court before and never had to prepare any documents in relation to any sort of litigation. I have entirely used information and advice from this forum at every step of the way. I have used the templates provided in the Newbies thread and they all served me well. Honestly, anyone reading this that is currently having a hard time, stick with it and follow the advice and you cannot go too far wrong. In fact, the judge commented on how good my witness statement was.

    This forum is an absolutely fantastic source of advice and information and the people here do it all for free! I cannot extend my gratitude far enough. Keep up the good work!

    I take great satisfaction knowing that this absolute shower have been threatening me for a year and demanding that I pay them an extortionate amount of money and now they owe me £190 plus they still have to pay all of their legal and court fees :rotfl:

    :beer::T
  • RedxRedx Forumite
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    A big well done from me

    These companies couldn't organise a proverbial **** up in a brewery , because they don't own the building , use the name bents gartsides when it should be bass charrington and send a rookie they hired the day before to argue the indefensible, and bought in Becks blue and not Becks
  • Le_KirkLe_Kirk Forumite
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    Nice court report and well done again on your deserved win.
  • Coupon-madCoupon-mad
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    We then discussed my costs and I managed to get the maximum amount available for loss of earnings (£95), plus my travel, parking, stationery and litigant in person rate of £19 per hour (x3 hours). In total I am due to receive around £190.
    Brilliant to read that she allowed some LiP costs too, for unreasonable conduct by the Claimant. And this is the second one last week (the first was the Reading case of Icicle Boy where beamerguy went along to assist/watch) where the Britannia landowner contract was in a different company name than who issued the PCN:

    https://forums.moneysavingexpert.com/showthread.php?t=6008854&page=2

    Tell me, did paralegal Jackson Yamba, sign the WS for BW Legal AND did he do the same as in Icicle Boy's case, and if he did, can you send me a pm as I want to include it in a complaint to the SRA about BW Legal:
    someone had attached to the WS, the NTK and all the letters, carefully or negligently (somehow, but very obviously) using each letter to cover up the footer on every single one above it in the stack, then chopped off the bottom one.

    What was actually on the footer of each Britannia letter that BW Legal didn't want us to notice and had chopped off...?

    Yep, the Britannia Parking Group Ltd company name and number.
    Did BW Legal show the letters like that in your case, too?

    If so, send me a pm please to include your case in the formal SRA complaint.
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  • Another inspiring read. I just noticed, the reply email for the BWL cretin on my case is [email protected]. I might take an even closer look at any forthcoming paperwork in light of the Icicle thread. The power of community! :)
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