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  • FIRST POST
    • pcnhater
    • By pcnhater 17th Dec 18, 11:16 AM
    • 13Posts
    • 2Thanks
    pcnhater
    Brittania PCN and BW Legal
    • #1
    • 17th Dec 18, 11:16 AM
    Brittania PCN and BW Legal 17th Dec 18 at 11:16 AM
    Hello Everyone,


    I am another victim of these parking scammers. I have received a letter from Brittania Parking and BW Legal that I have failed to pay for PCN so need to pay 85 + 60 legal fees and they have given me 16 days to respond. They did not give any forms to complete. This is about PCN they issued years ago. These 16 days have now elapsed.


    I am thinking of offering them 40 and close this case as don;t have much time to go through all the process. However, if they don;t accept it then i am willing to go all the way to the court.


    Can anyone please suggest me if offering them 40 in anyway will count against me if it goes to the court and also if anyone has any letter templates I can use?


    Many Thanks
Page 2
    • pcnhater
    • By pcnhater 27th Feb 19, 10:18 AM
    • 13 Posts
    • 2 Thanks
    pcnhater
    I have prepared a new Defense which i have posted below. however, I have following questions and will really appreciate if someone can clarify/guide me on those.


    1) As car was parked partially on the footpath and partially on the road. SO the defense i have taken is that it is not clear what they mean by 'correctly parked'. however, as they have not provided pictures so not sure if it is correct


    2) They refused to provide any photographic evidence of signs with T&C so do i need to mention it?





    IN THE COUNTY COURT

    CLAIM No: xxxxxxxxxx

    BETWEEN:

    BRITANNIA PARKING LTD (Claimant)

    -and-

    xxxxxxxxxxxx (Defendant)

    ________________________________________
    DEFENCE
    ________________________________________

    1. The Defendant denies that the Claimant is entitled to relief in the sum claimed, or at all.

    2. The facts are that the vehicle, registration XXXX, of which the Defendant is the registered keeper, was parked on the material date in a place where it was not obstructing other cars or pedestrians, and had a valid parking ticket to be parked.

    3. The Particulars of Claim state that the Defendant !!!8220;was the registered keeper and/or the driver of the vehicle(s)!!!8221;. These assertions indicate that the Claimant has failed to identify a Cause of Action, and is simply offering a menu of choices. As such, the Claim fails to comply with Civil Procedure Rule 16.4, or with Civil Practice Direction 16, paras. 7.3 to 7.5. Further, the particulars of the claim do not meet the requirements of Practice Direction 16 7.5 as there is nothing which specifies how the terms were breached.

    4. Due to the sparseness of the particulars, it is unclear as to what legal basis the claim is brought, whether for breach of contract, contractual liability, or trespass. However, it is denied that the Defendant, or any driver of the vehicle, entered into any contractual agreement with the Claimant, whether express, implied, or by conduct.

    5. Further and in the alternative, it is denied that the claimant's signage sets out the terms in a sufficiently clear manner which would be capable of binding any reasonable person reading them. They merely state that vehicles must be parked correctly within their allocated parking bay, giving no definition of the term 'correctly parked'.

    6. The terms on the Claimant's signage are also displayed in a font which is too small to be read from a passing vehicle, and is in such a position that anyone attempting to read the tiny font would be unable to do so easily. It is, therefore, denied that the Claimant's signage is capable of creating a legally binding contract.

    7. The Claimant is put to strict proof that it has sufficient prorpietary interest in the land, or that it has the necessary authorisation from the landowner to issue parking charge notices, and to pursue payment by means of litigation.

    8. The Protection of Freedoms Act 2012, Schedule 4, at Section 4(5) states that the maximum sum that may be recovered from the keeper is the charge stated on the Notice to Keeper, in this case 85. The claim includes an additional 60, for which no calculation or explanation is given, and which appears to be an attempt at double recovery.

    9. In summary, it is the Defendant's position that the claim discloses no cause of action, is without merit, and has no real prospect of success. Accordingly, the Court is invited to strike out the claim of its own initiative, using its case management powers pursuant to CPR 3.4.

    I believe the facts contained in this Defence are true.

    Name
    Signature
    Date
    • Coupon-mad
    • By Coupon-mad 27th Feb 19, 9:39 PM
    • 73,762 Posts
    • 85,963 Thanks
    Coupon-mad
    You need to delete the number glitches you've copied from point #3 as they are not meant to be there, they were caused by MSE forum a few months back.

    Also, add a point #5 and move the next numbers down:

    5. The Claimant has actively refused in recent communications, to supply the following (their words repeated):

    ''Landowner agreement - You are not entitled to business sensitive information, it will only be supplied at court, as evidence and not before.''
    ''Contract with the driver - The contract is on the signage in the car park. A copy of the signage will be provided as evidence at court.''
    ''Picture packs - A copy of the signage will be provided as evidence at court''.

    5.1. The Defendant avers that this Claimant appears content, and has shown clear intent, to ambush the Defendant with the full particulars and photo evidence, either at or shortly before trial. This is a breach of the CPRs and the Pre-Action Protocol for Debt Claims, placing this Defendant at a substantial disadvantage when it comes to filing an informed Witness Statement.

    5.2. The Defendant being forced to prepare for the later stages and hearing effectively blind to these vital details is surely an abuse of process, and constitutes wholly unreasonable conduct for which there can be no justification.

    Then make this #6 and don't try to guess what the signs said, if you have no photo:

    5. Further and in the alternative - whilst the Defendant is having to guess what a typical Britannia sign might have said, due to the Claimant withholding this information - it is denied that the claimant's signage sets out the terms in a sufficiently clear manner which would be capable of binding any reasonable person reading them. They merely state that vehicles must be parked correctly within their allocated parking bay, giving no definition of the term 'correctly parked'.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT UNLESS IN SCOTLAND OR NI
    TWO Clicks needed Look up, top of the page:
    Main site>>Forums>Household & Travel>Motoring>Parking Tickets Fines & Parking - read the NEWBIES THREAD
    • pcnhater
    • By pcnhater 28th Feb 19, 8:43 AM
    • 13 Posts
    • 2 Thanks
    pcnhater
    Thanks a lot. I will make these amends and submit my defence later today.
    • pcnhater
    • By pcnhater 28th Feb 19, 10:24 AM
    • 13 Posts
    • 2 Thanks
    pcnhater
    I have filed my defence by emailing on ccbcaq@hmcts.gsi.gov.uk .



    I have still not received details requested in SAR. They are now saying that address i have provided (as verification) is not the one they have on file. I replied and said they can send my SAR through the post on the address they are communicating with me. Do I need to do anything else?


    I no longer own the car so don't have VC form.
    • Coupon-mad
    • By Coupon-mad 28th Feb 19, 11:53 AM
    • 73,762 Posts
    • 85,963 Thanks
    Coupon-mad
    Which address do you want as your address for service, when it comes to them sending you their DQ, ad WS and evidence?

    You are allowed to say which is your address for service, so do so! Make it clear to the PPC and the solicitor, ''my address for service is'' xxxx xxxxxx xxxxxxx if you want the paperwork to come to your correct address.

    And on your DQ, the next form N180, state your address and note next to it 'THIS IS MY ADDRESS FOR SERVICE' in capitals.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT UNLESS IN SCOTLAND OR NI
    TWO Clicks needed Look up, top of the page:
    Main site>>Forums>Household & Travel>Motoring>Parking Tickets Fines & Parking - read the NEWBIES THREAD
    • pcnhater
    • By pcnhater 17th May 19, 10:19 AM
    • 13 Posts
    • 2 Thanks
    pcnhater
    My case has been sent to the court closer to me and awaiting hearing date. In meantime, I have received a letter from BW Legal stating that my defence is copy and paste and is absolute nonsense (made me laugh though). I am really itching to post the letter here so everyone can read the comic. Is that ok?

    They have provided screenshot of the car and T&C written on the board. This image is taken probably 2 feet from the board and yet I can;t read terms and conditions.

    They have offered 180 to settle it which i am not going to accept.

    fortunately, I paid the ticket and displaye don the screen so in the absence of terms and conditions stating i can only park in the bay and my car not blocking anyone (as a result i didn't enter into any agreement) so i am not liable to pay anything. Is this reasonable defence?

    I now need to put together witness statement and will post draft version very soon.
    Last edited by pcnhater; 17-05-2019 at 10:25 AM.
    • Coupon-mad
    • By Coupon-mad 17th May 19, 11:12 AM
    • 73,762 Posts
    • 85,963 Thanks
    Coupon-mad
    I have received a letter from BW Legal stating that my defence is copy and paste and is absolute nonsense (made me laugh though). I am really itching to post the letter here so everyone can read the comic. Is that ok?
    Yes but you will find it is already posted on other threads, so it is just a template (ironic that they criticise people for that!).

    Let's see your WS and planned list of evidence.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT UNLESS IN SCOTLAND OR NI
    TWO Clicks needed Look up, top of the page:
    Main site>>Forums>Household & Travel>Motoring>Parking Tickets Fines & Parking - read the NEWBIES THREAD
    • Castle
    • By Castle 17th May 19, 11:41 AM
    • 2,294 Posts
    • 3,131 Thanks
    Castle
    My case has been sent to the court closer to me and awaiting hearing date. In meantime, I have received a letter from BW Legal stating that my defence is copy and paste and is absolute nonsense (made me laugh though). I am really itching to post the letter here so everyone can read the comic. Is that ok?
    Originally posted by pcnhater
    It's not the only thing which is "copy & paste" as the claimant appears to be "Britannia Parking Ltd" as per post 21; if so, then they got the wrong claimant again!
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