So Ive scanned the forms as directed and was due to email them, following the above process, some time over the next few days Then today I received from B W Legal a copy of the Directions Questionnaire

Im guessing that what this is the questionnaire that the courts sent to B W Legal and, as I will be emailing B W Legal a copy of my answers to the questionnaire, this is the copy of their answers to the questoinnaire?

Their answers are Yes to mediation, Yes to C!, No to D2, TBC to D3 and No to E1,

Im guessing I just place this in a file for court?

Correct. .

Your answers will be different to theirs. You don't want mediation, you don't want this heard on papers, you do want your day in court.

So I have emailed the questionnaire regarding the six year old ticket and Im awaiting the court date I imagine now.

As mentioned earlier, I have received a second PCN from very recently where I wasnt the driver and which occurred at the end of Jan 2018. I sent the appeal and have today received an email rejecting my appeal

This is what they have to say
We refer to your appeal in respect of the above Charge Notice (CN) received on *********.
Having considered the points you have raised and reviewed our records, we are unable to accept your appeal. Our
main reason(s) for this decision are as follows:
The signs at the car park make it clear that the land is private property and that a Charge of £100 will be levied if
vehicles park outside of the Terms and Conditions displayed. The signs state that a valid Pay & Display ticket must
be purchased and clearly displayed in the vehicle parked. The above detailed vehicle was seen parked and
displaying a ticket which had expired and was therefore invalid. The expiry time was clearly displayed on the front of
the ticket purchased. Motorists should ensure that they check the expiry time before leaving their vehicle parked, as it
is their responsibility to ensure that they are able to return to their vehicle before the stated time, or else to purchase
more time if thought necessary. The vehicle parked after the expiry of time of the Pay & Display ticket purchased and
you became liable for the Charge advertised.
We note that you have declined to name the driver of your vehicle at the time of the incident in question. It is
important that we make you aware that in this case we may pursue you as the registered keeper of the vehicle for
the outstanding Charge, as per Schedule 4 of the Protection of Freedoms Act 2012 (PoFA) .
The notice sent to you clearly states: Please be warned: that if, after the period of 28 days beginning with the day
after the Issue Date of this Notice, the amount of the unpaid Parking Charge specified in this Notice has not been
paid in full and we do not know both the name of the driver and a current address for service for the driver, we will
have the right to recover from the registered keeper, any unpaid balance of the Parking Charge. This Notice will be
deemed to have been received by you on the second working day after the Issue Date stated above unless the
contrary is proved.
We have fully reviewed this case and we are satisfied that the Charge Notice was correctly issued. We are unable to
accept the mitigating circumstances raised in your representations, your appeal is therefore rejected and the charge
will stand; photographic evidence which supports this can be viewed at www.myparkingcharge.co.uk
What you should do next. Either
1. Pay the Charge Notice (CN): In order to settle the Charge, the payment of £60.00 to reach us by 16/03/2018 or
£100.00 to reach us by 30/03/2018 must be made. Failure to pay this charge within the stated times, may result in
Debt Recovery Action being taken and further costs up to an additional £60 being incurred.
Payments can be made online at www.myparkingcharge.co.uk by following the links for "Pay Now", or over the
phone by calling 0845 226 9138 by using a valid Credit or Debit Card.
OR:
2. Appeal to the Independent Appeals Services (IAS): If you believe this decision is incorrect, you are entitled to
appeal to the IAS. In order to appeal, the IAS will need the following information (which is also contained in the
subject header of this correspondence).

Please could someone advise what the next step with this one is?

Many thanks once more

simple, IGNORE !!!

come back within 6 years if you get a formal LBC or an MCOL

DO NOT COME BACK ABOUT DEBT COLLECTOR LETTERS

So just ignore anything and everything they send other than a formal LBC or MCOL on this one?

And concentrate on sorting the six year old one I guess

Many thanks

So I have now received notice of the court date Its at the beginning of July and I have to forward my witness statement by the beginning of May Would this be the actual statement as written for me and forwarded previously? Have had the most hectic few months just past and this matter has kind of had to be on the back burner so I need to refresh my memory regarding all matters legal!

Now read up on this in the Newbies FAQ thread near the top of the forum. (#2)

Advice covers Court process from the initial claim form right through to the hearing

Wasn't it a Defence you filed earlier?

A Witness Statement is something different.

Probably best if you were to go back to post #2 of the NEWBIES FAQ stick thread and read a bit there about Witness Statements.

Yes it was a defence. Thanks for the advice of reading witness statements. Im not sure how to write one for myself as I dont know which of the details apply to my case and which dont. It all sounds like gobbledegook to me, as Im sure it did to many people who do it for the first time. Actually Im hoping never ever to have to do this again, its the extra ball to keep in the air which none of us need!

Wow that is defeatist.

Please go back, and actually read a Witness Statement example from the NEWBIES thread.

We know for a fact you cannot possibly have looked at one properly, as you said:
No-one who read a WS would say that. A WS says: ''I am xxx and this is what happened, and here's the evidence I want to use at the hearing'' (hardly difficult, hardly gobbledegook).

No-one is saying you write your own from scratch. What we do here is show you ones to copy/adapt.

I have read the WS but dont understand the legal jargon Im only being honest about how I feel regarding this.

If you do not understand anything try using google and it may become clear. Perhaps you can ask your MP to help, most MPs are noe fully aware of this scam.

This is an entirely unregulated industry which is scamming the public with inflated claims for minor breaches of contracts for alleged parking offences, aided and abetted by a handful of low-rent solicitors.

Parking Eye, CPM, Smart, and another company have already been named and shamed, as has Gladstones Solicitors, and BW Legal, (these two law firms take hundreds of these cases to court each year). They lose most of them, and have been reported to the regulatory authority by an M.P. for unprofessional conduct

Hospital car parks and residential complex tickets have been especially mentioned.

The problem has become so rampant that MPs have agreed to enact a Bill to regulate these scammers. Watch the video of the Second Reading in the HofC recently.

http://parliamentlive.tv/event/index/2f0384f2-eba5-4fff-ab07-cf24b6a22918?in=12:49:41

and complain in the most robust terms to your MP. With a fair wind they will be out of business by Christmas.

Thank you for your help. Its the legal talk I dont understand really. When I read through WS's there is mention of various reports and acts and I am trying to work my way through all the various points but sometimes its a long read and when finished, it seems it possibly doesnt even apply to my situation.
The fact is that I didnt receive anything at all from anyone until I was issued with the intention to start court proceedings, some 6 years after the alleged offence. I received it just 7 days I believe prior to their time running out to deal with this (as I understand it).
So a lot of what other WS are saying regards various communication they have had from their particular claimant doesnt apply to me.?
I have emailed my local MP and didnt even receive an acknowledgement of my email

Thank you again, Ive started putting a WS together, baby steps I think!

Well then you dont include it!

You tell the FACTS OF YOUR CASE, from whose vehicle it was on that day (Who the keeper was) until now

In that you include that this case is from before POFA2012 Schedule 3 was enacted which means only the DRIVER was liable, and not you the keeper (assuming pre october 2012) - and you have no reason to recall who the driver was, 6 years ago.

ANd so on.

START WRITING - seriously. Start getting the *facts* down, in chronological order, and you will find it much easier. It gives youa skeleton to hang anything else on.

So Ive been burning the midnight oil as suggested and come up with a rough draft of a witness statement. Im sure it will need polishing and Im willing to add points and take some away but, at the moment, this is possibly a skeleton of a WS



I, ****************** of **************, *********, ***********, **** *** am the defendant in this case.


1. The facts in this statement come from my personal knowledge. Where they are not within my own knowledge there are true to the best of my information and belief

2. I am not liable to the Claimant for the sum claimed, or any amount at all and this is my Witness Statement in support of my defence as already filed.

3. I assert that I am the registered keeper of the vehicle in question in this case. I was not the driver.

4. The alleged offence occurred some six years ago. The first correspondence received by myself was just 2 weeks prior to the six year deadline for the Claimant to pursue this matter legally. There is an occasional issue with mail, due to a nearby residence being named practically identically to my own address. But I fail to believe that all the required paperwork during a six year period would have gone astray For this reason I believe that the Claimant has not complied with the necessary procedures.


5. The claimant submits that the defendant is the responsible person in charge of the vehicle which has incurred the charges referred to This is denied as the Claimant was not there and has no knowledge of who was driving on any occasion. However, I do have knowledge and attest that I was not the driver.

6. The reason for my certainty that I was not the driver is that the car park in question has long since held the reputation of being an area where rogue car park operators do their business. Numerous people I know have fallen foul in this place, my own pastor and my late father-in-law to name just two. For this reason, the car park, once well used, resembles something of a ghost town. A very large area in a prime position to shops, will typically see 6 or 7 cars parked there, obviously by some people who have found a way round this rogue system, or who dont mind paying exorbitant sums of money to the Claimant. I have not used this car park myself for over 10 years and find myself walking long distances on my rare visits to this town, rather than go through the tedious, stressful and unfair process of proving innocence following the claim of being guilty.

7 Even though photographic evidence has been requested from the Claimant, none has been provided to date


8 In order to demonstrate that the driver(s) on these occasions failed to pay & display, the Claimant should have evidenced that, of course. Where are the photos of the dashboard showing no P&D ticket displayed? Failing that, as this is an ANPR site, where are the system records showing no payment made on these days? They have not even supplied lists of the VRNs input by drivers on those days, e.g. showing a mismatched payment, wrong VRN or no entry at all that corresponds with this vehicle.


9 I also point out to the presiding Judge that the Claimant has not supplied any evidence at all that the alleged contraventions even occurred. ANPR camera photos merely show a vehicle arriving and leaving. All vehicles will have been recorded thus (assuming their VRNs were captured). All vehicles, including those whose drivers paid and displayed.


10 I am an unrepresented consumer who has never attended the County Court before and was not even the driver so I have no knowledge of the events, dates, or signage terms. I strongly object to this Claimant at the eleventh hour pursuing me as having committed a parking offence


11. This case is from before POFA2012 Schedule 3 was enacted which means only the DRIVER was liable, and not myself, the keeper, and I have no reason to recall who the driver was, particularly after such a long time has lapsed.

12. Conclusion – no evidence of contravention and the Particulars lack any basis for a claim

13. The Court is invited to dismiss this Claim, and to allow my wasted costs which will be submitted separately and in a timely manner, depending upon whether a hearing takes place. I firmly believe that to pursue me as registered keeper when the Claimant admits they have no such right, and to submit such incoherent particulars and lacking ‘evidence’ is wholly unreasonable and vexatious.

should be
That's a good first draft. Now you just need to add reference to the evidence and cases you will be relying on, e.g.:

- Excel v Lamoureux
- Excel v Smith (on appeal)

which are both shown as court transcripts in the Parking Prankster's case law. They help to make it clear even to a clueless Judge, that a keeper can't be held liable outwith Schedule 4 (and yours pre-dates that law).

Ive received a 'Notice of Intended Court Proceedings' Not the same thing as an LBC or MCOL Im guessing? Should I ignore?

Who from?

How many incidents are you trying to progress here?

Before this post, yesterday you were writing a Witness Statement.

It is going to be really confusing trying to deal with two parking events in the same thread.

No. See post #19 here for that tedious threatogram:

http://forums.pepipoo.com/index.php?showtopic=118833&st=0

All you need to do is search here or pepipoo and you find a hundred versions discussed already.