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  • Coupon-mad
    Coupon-mad Posts: 131,730 Forumite
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    Can anyone advise me if this is worth fighting through the courts?
    Of course it is.

    This is what we do every day, it's what post #2 of the NEWBIES thread and all the dozens of other Britannia/BW Legal threads are about.

    Your case is exactly the same as all the BW Legal Britannia threads. Please read them, and post #2 of the NEWBIES thread.

    Come back at BW Legal LBC stage once you have done a SAR (see the sticky thread).
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
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  • MistyZ
    MistyZ Posts: 1,820 Forumite
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    djn2k11 wrote: »

    POPLA have seen the photographic evidence supplied by Britannia and are satisfied that they see it was not misleading in any way.

    My argument still is I have just seen '1 HOUR- FREE* and assumed no further action was required.

    POPLA is almost always worth trying. But don't have any respect for their decision or let it dent your confidence, their decisions are often very questionable. Their inconsistency and, sometimes, downright incompetence, are yet more things that makes the whole private parking scene a scam. The unfairness goes a lot deeper than just the charges.

    Sounds to me like the driver is an intelligent person who parked in good faith. The signs were unclear and are misleading for a reason. Get it all more clear cut in your own mind if you're to win at the court stage. You've been scammed and have a good chance of winning on technicalities if determined to do so.
  • djn2k11
    djn2k11 Posts: 21 Forumite
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    MistyZ wrote: »
    You've been scammed and have a good chance of winning on technicalities if determined to do so.

    Thanks guys, I'll have a read of the thread later. I nearly caved and paid the other day, but out of principle (which may make me poor in the end!) i'm not paying. £200 is three days pay for me!

    Appreciate the moral support.
  • MistyZ
    MistyZ Posts: 1,820 Forumite
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    djn2k11 wrote: »
    £200 is three days pay for me!

    And that puts this whole parking scam malarkey into context.

    When & if this goes to court, just do every single thing the experienced regulars tell you to do. Also continue to do your own research using the Newbies' thread and other posts, that way you'll probably have a good idea of how to proceed and may need little more than confirmation that you're doing the right thing.
  • djn2k11
    djn2k11 Posts: 21 Forumite
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    Reactivating this thread.....I recently got a country court claim letter through the post. I defended it online and BW Legal have now sent me a further letter to say their client intends to pursue and has given me the last chance to pay.
    This company have caused me so much aggravation recently, and fundamentally I havent done anything wrong (legally or morally).

    I have followed the advice on the newbie thread by sending a SAR to Britannia parking and a further email to BW Legal.

    I have read the template defence but I am a bit worried a small claims court judge wont give me the time of day if it is too lengthy. Has anyone been to court with this and been successful. I understand it is the facts of the case that are important but was just thinking would it not be better to make my points concisely?




  • twhitehousescat
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    I have followed the advice on the newbie thread by sending a SAR to Britannia parking 

    you make it sound like an achievment , like taking out the blonde girl in 17yr collage 

    the reason for the sar is to STUDY it , and work out what info they have on you , any failures any mistakes , you are looking carefully for there weak spots , and there will be many 

    sod BW , they are just taking orders , and often from the wrong hymm sheet 
  • KeithP
    KeithP Posts: 37,650 Forumite
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    djn2k11 said:
    Reactivating this thread.....I recently got a country court claim letter through the post. I defended it online...
    You tell us that you have already filed a Defence, but then go on to say...
    djn2k11 said:
    I have read the template defence but I am a bit worried a small claims court judge wont give me the time of day if it is too lengthy. Has anyone been to court with this and been successful. I understand it is the facts of the case that are important but was just thinking would it not be better to make my points concisely?
    You cannot now supply a second Defence.
  • djn2k11
    djn2k11 Posts: 21 Forumite
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    you make it sound like an achievment , like taking out the blonde girl in 17yr collage 
    Oh dear. 🤦‍♂️ At least you tried to be funny (I think).
  • djn2k11
    djn2k11 Posts: 21 Forumite
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    You cannot now supply a second Defence.
    I defended it simply saying my reasons without going into any depth. I was of the understanding a more thorough statement would need to be made before the court hearing.
  • Coupon-mad
    Coupon-mad Posts: 131,730 Forumite
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    edited 10 November 2020 at 1:24AM
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    Then that is your defence, so what EXACTLY did it say, word for word (you kept a copy of course?). You were meant to come here sooner and work on a proper defence, as per the TEMPLATE DEFENCE thread. Too late now. 

    You can't just put in a few short points so I hope it was better than you are suggesting.  You are stuck with that as your defence, now.

    Adapt the example Witness Statement and evidence in the NEWBIES thread but you can only expand on points made in defence.
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