other BW Legal case set aside

[kingiang]

Vehicle Control Services issued a non- display of ticket 2 years ago by the evidence on an ANPR camera they then left it 14 months to start demanding money through the usual DRP/ZENITH and finally the bottom of the barrel B W Legal.

 

They issued court proceedings when I refused to communicate with them as they had in my opinion broken data protection regulations in contacting me by telephone warning me what costs I could expect if going to court.

 

I made the mistake of trying to fill in the court form online but on making a counter claim for intimidation the plea did not get entered so I received a court judgement in my absence.

 

I applied to have the case set aside which I had found in my favour the judge was well in her words displeased with the conduct of B W Legal using unsolicited telephone calls to persuade people to pay up. I got a disapproval for not disclosing that I had in my possession the parking ticket, but in my defence I said that I was charged with not displaying and not non- payment. No costs were awarded to either party.

 

I am now providing the court with the details of my case in case B W Legal wishes to continue the case or drop it (i expect they will drop it now they know I still have the ticket).

 

The main issue I have is that they should not be issuing parking notices on the evidence of ANPR cameras only I asked for photographic evidence in the beginning but heard nothing I think they left it 14 months hoping I would not have the evidence to prove them wrong.

 

Does anyone have an opinion on winning a case and maybe setting a legal precedent that ANPR cameras can't be used for evidence of not displaying a valid ticket without photographs for proof. This in my case shows that ANPR'S are flawed.

Edited July 15, 2016 by honeybee13
Paras.

[MrNumbskull]

Does anyone have an opinion on winning a case and maybe setting a legal precedent that ANPR cameras can't be used for evidence of not displaying a valid ticket without photographs for proof. This in my case shows that ANPR'S are flawed.

I'm just curious as to how this works. Presumably you enter the car park which ANPR records and then purchase a ticket. Is this related to entering the number plate or something? How are ANPR cameras used to determine that you don't have a ticket displayed?

[kingiang]

You get your ticket from the machine and enter your registration no.

Then they issue a non display charge at a later stage your ticket probably thrown away by now. Then they use the anpr as evidence. I don't know why they charge for not displaying and not charge for not paying the fee.

[MrNumbskull]

I'd be of the opinion that we should let them continue as is. There are few greater pleasures in life than seeing a waste their money to end up snookered, legally speaking. I suppose the argument to that is how many people will be through ignorance, though just because someone may be ignorant is not a reason to take advantage of them.

 

Edited to reword.

[ericsbrother]

you will not set a legal precedent in a county court, it has to be at an appeal via a higher court and to be honest you dont want to be in that situation as it gets very expensive.

 

What you need to do is get your act together for the new hearing if BW dont drop the matter (it will be down to their clients to make the decision)

but if it is BW making the claim in their own name you will have more to beat them with such as no assignment of debt (no debt, no locus standi of original claim etc

 

start doing your homewoerk and read a few threads on what people are advised to do in such an eventuality.

 

Then come back here and tell us what you know about your event

and what you have found out and are going to use as a defence and we will advise on tweaks or other things to add.