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BW Legal for VCS county court claim
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I read in another thread that It was ok to contact BW Legal asking for proof of evidence to help with defence, would that be recommended here also?0
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You had the opportunity to do that at LBC stage. What evidence is it you think you need from them?I read in another thread that It was ok to contact BW Legal asking for proof of evidence to help with defence, would that be recommended here also?
You can request anything you want from them but they might not reply or may just send you a fob off response.
You could email them requesting any evidence they have of who was driving. Tell them that, as they cannot rely on the keeper liability provisions of pofa, they must be able to prove who was driving otherwise their claim has no prospect of success. Say that, as they well know, they cannot rely on elliot vs loake or "reasonable presumption" as these are always rejected by judges - usually with a reprimand for the advocate trying to argue them.
Advise them that they should discontinue as to pursue a baseless claim with no evidence against the defendant would be highly unreasonable and would cross the threshold of unreasonable behaviour pursuant to CPR 27.14(2)(g). As such you will show this email to the court in order to claim extraordinary costs should this matter proceed to a hearing.0 -
Do you have proof that the keeper and/or vehicle were elsewhere at the alleged time of the event?
GPS data, smartphone GPS history, witness statements from people who saw the keeper elsewhere, work logs, shopping receipts. Anything at all will help.I married my cousin. I had to...I don't have a sister.
All my screwdrivers are cordless."You're Safety Is My Primary Concern Dear" - Laks0 -
Id like to see their evidence for the claim that the vehicle was parked in their car park as stated in the NTK. The vehicle was parked on the road directly outside the car park. There would be one witness statement available from the person the driver was meeting at the time, but no other evidence to prove the car wasn’t parked in the car park.
The keeper requested this evidence back in 2016 but was fobbed off and never received anything.0 -
It's up to them to prove their claim, not you to disprove it.but no other evidence to prove the car wasn!!!8217;t parked in the car park.
Are there not photos of the vehicle on the NTK?
Be wary, though, if you deny in your defence that the vehicle was parked in the car park then they prove it was, it would be extremely unhelpful to your case.0 -
There!!!8217;s nothing with the NTK at all, am I able to post a screen shot of it here?
The keeper requested photos within the 21 days allocated to appeal the NTK back in 2016 along with other various bits of information using a template from here. This was acknowledged as received but then 6 months later the keeper informed the appeal was too late.
The car was certainly not parked in the car park, it was parked on the road outside the car park. This is why I!!!8217;d like to request their evidence as I am 100% certain there isn!!!8217;t any.
I!!!8217;ve also been given evidence that the road the car was parked on is adopted highway and therefore under the control of the local council.0 -
Well that brings a whole new aspect to this case. If they have ticketed you on a public road then they have certainly overstepped their authority and may have committed an offence.The car was certainly not parked in the car park, it was parked on the road outside the car park. This is why I!!!8217;d like to request their evidence as I am 100% certain there isn!!!8217;t any.
I!!!8217;ve also been given evidence that the road the car was parked on is adopted highway and therefore under the control of the local council.
Clarify with the council if the land, where you believe the vehicle was parked, is controlled by them or private land.
Send VCS a subject access request (SAR) stating specifically that you require all information, whether in digital, hard copy or photograph form, relating to PCN number xxxxxx, along with all other data they hold about you. Google "BMPA.eu subject access request". I think it's 40 days they have to respond so you will still need to get your defence in, while waiting for a reply.
If you were on council land, and can prove it, you should certainly issue a counter claim and complain to the SRA, DVLA, and your MP.0 -
Ive completed the AOS. Ive read quite a few different posts on here but I'm a little confused on the direction i need to take.
What would be my best lines for defence as i was not parked in the car park the NTK says i was. Also they never answered any of my points when i appealed.
Saarchy's similar case is your friend:
http://forums.moneysavingexpert.com/showthread.php?t=5607535
HTH - he claimed costs for unreasonableness - a 3 figure sum in costs overall.PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
CLICK at the top of this/any page where it says:
Forum Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD0 -
@Coupon-mad thanks for the link, very informative and I feel far more confident for my defence now.
I!!!8217;ve obtained the traffic regulation order for the area where the car was parked. Will this help my case? The order dates back to 2014, 2 years prior to the PCN.0 -
Would the email address vcs@bwlegal.co.uk be correct to send the SAR to?0
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