Excel/BW Claimform - PCN 14/12/2016 Cavendish Retail Park Keighley - *** Claim Dismissed with Costs ***

[dx100uk]

your defence will be the simple 2 line one on most BW PPC claimform threads

[TDRW333]

Evening all,

I'm about to submit my defence due tomorrow, which will be no breach of contract which I see is the standard reply advised.

 

While I'm ready to fight this if necessary, and can see will more than likely win if they insist on going to court, I'm on maternity leave and could do without the hassle of this ruining it.

 

Is there anything else I can add in the defence that would give it more chance of being struck out?

 

Thanks

 

T

Edited February 26, 2018 by dx100uk
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[shamrocker]

That's what makes these individuals such low-lifes - they will be pleased that you're on maternity leave and have stressful parental responsibilities to deal with. You're more likely then to just cave in to them and pay, and they couldn't care less about you. They just want your money - preferably without any resistance. Don't give into them, and don't worry over it either. Enjoy the fact that the longer you drag it out, the more they're having to work and incur costs.

 

The defence DX suggests is spot on. No matter what you put in the defence, they will proceed regardless, in the hope that you bottle it and pay up. In reality, they're the ones who will most likely fold first if you play them correctly. Just expect it to go the distance and keep going with it - you'll get there eventually.

[dx100uk]

pop it up here first please let Eric or dragon ok it.

[ericsbrother]

as long as you have the bare bones then that will be OK. You gte to write an essay for your witness statement that goes to court just before the hearing, the date of which will be set at some point

[Kaffee]

Hi

Which court venue have you chosen?

[TDRW333]

Hi all,

 

Sorry for late response, when I last logged on here none of your responses showed up and not had an email notification!

 

I submitted the standard defence of no contract so no breach and also mentioned had not had any response form claimant or their legal team to my CPR request for info/evidence relating to the claim.

 

Received the standard "our client intends to continue with the claim" letter today.

 

This is just one big money auto-claim for them isn't it! Bring it on!

 

PS sorry Kaffee, no venue chosen, waiting for court to get in touch, am presuming i'll be able to choose somewhere local, hopefully Skipton or Keighley?

[fkofilee]

Did it include the *Your defence is doomed to fail* etc?

[DragonFly1967]

PS sorry Kaffee, no venue chosen, waiting for court to get in touch, am presuming i'll be able to choose somewhere local, hopefully Skipton or Keighley?

 

It *should* be automatically allocated to your local county court.

[Kaffee]

Sorry yes that is the next stage. There isn’t a court in Keighley anymore so would recommend skipton. I’ve won 2 cases there and the judge hates these parking guys so hopefully you will get the same one if it goes that far.

[ericsbrother]

Once you get a court allocated it will be worth sending in a letter asking for the claim to be dismissed for lacking a cause for action and locus standi under CPR 16.4 (and possibly other procedurs as well.

 

What normally happens then is someone read their claim properly and a case management order is given to make them put up or shut up.

 

Have some detail of your defence ready by them so you can show that it is a doomed claim.

Edited March 8, 2018 by dx100uk
spacing

[TDRW333]

Hi All,

 

Received the N180 form, just a quick query.

 

Do I select that there will be no witnesses as I will be representing my husband and I don't want to give them the opportunity to question him over liability, who was driving etc.

 

Opting for Skipton court.

 

Hopefully the judge will follow suit with our case.

 

Thanks Ericsbrother, I will definitely write to the court once allocated.

 

Thanks

 

T

 

Thanks in advance!

[dx100uk]

no to mediation

1 wit you

rest is obv

 

3 copies

court/BW/yours

[TDRW333]

Hi All,

 

Thought I should post a bit of an update. The case has been allocated to Skipton County Court on 13th July. Claimant has until 14th June to pay the Court fee to progress the case. Lets see if they're willing to waste a further £25!

 

Have had two letter from BW Legal. The first alludes to our 'recent correspondence' alluding to our reasons for disputing the claim. They have kindly set out their client's position for me blah blah blah client's claim is for damages as a direct result of breaching T&Cs. They helpfully outline what the erected signage apparently said - presumably they think this is handy given that the said signage is no longer there! They go on to say that an objective observer would consider that we have therefore accepted the T&Cs. Really!

 

Next they state that the enclosed photos (pitch black photo of car showing number plate illuminated but nothing to show the location of the car, the driver, no pic of dashboard etc) shows us breaching T&Cs as no ticket on display - this is not demonstrated in either photo.

 

They go on to say that as per my previous request they have enclosed evidence of their clients's right to manage the car park and issue PCNs. I assume they are referring to my request under CPR 31:14. They have sent me some half assed lease documents claiming to show this between Douglas Greg Keighley (LTD) and Excel Parking Services Limited and some incomplete pages of lease clauses that could be for anything with handwritten page numbers. They have also included a nice little street map - thanks I've lived in Keighley all my life. Additionally they have included two images apparently showing the signage in the carpark. These are PDF type pictures and not photos of the signage in situ.

 

So they are saying they've responded to my CPR 31:14 request although much later than the deadline and with meaningless information posing as "evidence". They have not included the proof of planning permission for signage and machines, they have not provided dated copies of the original notice to keeper, nor have they provided data from the parking machines to show registration numbers logged on the day of question. Plus they cannot prove that there was no ticket on the dashboard as ANP photos do not show this. Actually their ANP photos are so dark if anything it goes to show that it must have been bloody difficult to see your hand in front of your face never mind the T&Cs on a sign.

 

Our client is willing to resolve matters amicably as long as you cough up asap blah blagh.....

 

The second letter, dated on the same day but arriving two days later..... Hmmmm???? is headed Without Prejudice Save as to Costs.

 

"Having previously responded to your defence(yesterday) (which in our client's view has little or no prospects of success) we note you have not yet contacted us to settle the outstanding amount".

 

The letter goes on to set out an "offer" of a discounted amount of £165.

 

I presume the Without Prejudice is intended to prevent me from showing the court that the amount and damages is totally fabricated as they are willing to take whatever they can get out of us!

 

Interestingly the template letters now have a contact name on them. Having looked up the name in question on Linked in, it seems we have been allocated to a poor paralegal chap who has worked for the company for a month! Wonder if he's enjoying his induction period. Could do with some English lessons!

 

Any advice with any further action prior to the hearing? They still have not provided evidence as requested and they have so far issued flaky threats of CCJs and have tried to offer us a discount to prompt us to pay up sooner. Is it worth writing to the judge on this basis?

 

Kaffee - we have been allocated to Judge Flanagan - not sure if that rings a bell with your cases? If you can help with any details of your judgments etc it would be much appreciated, I'm hoping that your cases in the same car park will act as a precedent.

 

Thanks all

T

[dx100uk]

are these letter just a reply to your CPR or is it their Witness statement

[you have to exchange yous by 14 days before the hearing?

[TDRW333]

No they seem to be intended to push us into paying up before we get to court.

I think the letter which included the photos etc must be a poor attempt to reply to my CPR request,

 

however this is not stated and does not include what I asked specifically for.

It merely states that they are setting out their clients position and provding background, it does not state that it is a witness statement.

The documents they have included are meaningless as the photos and sign pictures lack context or any direct link to what they are trying to claim.

 

The without prejudice letter is again an attempt to get us to pay a reduced amount.

 

Shall I write to them again outlining the info/ evidence I require under CPR 31:14 or can I argue that they missed their chance and what they have provided is twaddle?

[dx100uk]

no you never reply to pointless twaddle

[ericsbrother]

when it comes to submitting your witness statement

you start off with by saying that they have failed to show a cause for action by NOT responding to a CPR 31.14 request for documents and state that you think the claim should be chucked out under CPR 16.4

 

Sending some pointless twaddle later doesnt fulfil the requirements to get it right at the outset, they are supposed to know about these things as solicitors but would rather abuse the legal process because it is cheper and suits them as not many people challenge

[Kaffee]

Hi

No different judge to me but not to worry as most seem to hate the parking pirates.

 

Both my cases were based on bw/excell not being able to produce evidence of the parking meters within the car par.

I had pictures proving that there were 3 machines but they only had reg details for 2.

The judge actually asked if she could keep my pictures on the second case!

 

Id be happy to discuss my case in more detail if required.

cheers

Kaffee

[ericsbrother]

if you send the case reference details along with the court that heard it and the judge's name and the date of hearing that will be enough.

You can send these as a PM to me or one of the site team to avoid your name being paced in the public domain.

 

Now images of the signage and machinery would be helpful so post those up in public

[TDRW333]

Hi,

 

Sorry Kaffee, ive not been able to reply to your message as ive not made enough posts on the site but if your offer still stands that would be incredibly helpful, given that you have won your case for the same carpark. Presumably many points of your defence will be relevant to mine also. Would be really interested to know what points the judge found in your favour.

 

Thanks

 

T

[dx100uk]

You dont need 30 posts to pm via siteteam

[TDRW333]

Please could someone help me to clarify;

 

Regarding the letter I received headed without prejudice offering for me to settle for a lesser amount - can I use this at this point as evidence that their claim is for a fictitious amount or does this make it inadmissible?

 

Thanks everyone

 

T

[dx100uk]

But its not evidence of that anyway

[ericsbrother]

thye are hoping that you have a squeaky bum over this so are trying their luck. Becaue of this and the type of claim it is you cant use it as evidence.. try asking them how mucj they are prepared to offer you.

 

 

Please could someone help me to clarify;

 

Regarding the letter I received headed without prejudice offering for me to settle for a lesser amount - can I use this at this point as evidence that their claim is for a fictitious amount or does this make it inadmissible?

 

Thanks everyone

 

T