Cpm/BW windscreen pcns - BW PAP LOC Now Claimform - (residential car park) The citrus Building, Maderia road, Bournemouth ***Claim Dismissed with Costs** now another PAPLOC for another same place ticket ***Dismissed again with costs***

[dx100uk]

might do go check Mcol

if not ring northants bulk and ask.

 

dx

 

[AndyOrch]

Allocation varies by court and workload....and no it does not show on MCOL...you have to ring.

 

Andy

[ericsbrother]

It will be your local court unlesss you asked for a different one so you can ring them and ask.

[harni]

So a bit of an update as I haven’t posted for a while

 

I have received a court date of the 14th of Feb 2020 (maybe they will take me for a nice meal afterwards?) so I am starting to prepare my witness statement. 
 

today I have received a letter from BW legal in response to my CPR letter

yet again ignoring the fact that their T&Cs do not cover double parking.

 

They are also now starting to hint that I was parked out of the bay

yet the images provided on their evidence of the three tickets they are claiming for don’t evidence this as they are such bad quality. 

stapled to the back of this is another letter.

 

As a “gesture of good will”, the client is offering an out of court settlement figure of £500 payable in the next 5 days.

Me thinks they are starting to realise they may not have a leg to stand on here!

[dx100uk]

whats their court hearing fee paying date?

 

dx

 

[harni]

Haven’t got the paperwork to hand but from memory it’s January 23rd

[ericsbrother]

they cant just change their mind as to what condition was breached, it has to be given on the screen ticket ad the NTK and match one of the conditions on the signage at the time.

 

If I employed you to cut my grass and you did a rubbish job of that and I decided to sue you for not watering the flowers I cant suddenly change my mind when I realise that is a loser and say that you didnt cut it in a nice stripy pattern when there was no such mention of that condition in the agreement.

 

GOGW is admissible to show that thier client doesnt really have a contractual claim for the sum at all. they will say they are being generous but the truth is they are abusing the courts to try and coerce you into paying money that isnt actually owed and they know it. half of what they ask for is unlawful under the terms of the POFA but they do like to try it on as it mitigates their costs of the actions they lose

[harni]

Sorry for the stupidity but What’s GOGW?

[renegadeimp]

Gesture of goodwill. A phrase where someone knows they've done wrong, won't admit it, are still trying to pull a fast One,  but want to make it look like theyre still being generous

[harni]

Ah thanks. I wasn’t sure what it was shortened to! 
I think the next contact will be them dropping it. They must know they have absolutely no chance here!

[renegadeimp]

They're known to.go right to the last minute.  Either begging you on the courtroom steps or even going into court and lying and telling the judge he or she is wrong.

 

That's why you need to make sure you have everything in order on your side. Just in case.

[harni]

My WS will be finished Monday at which point I’ll post it up for review. My submission date is by 1400 on January 4th. I’m conscious that with Christmas and new year, it doesn’t give much time so am I ok to submit my WS via email or is that still a big no?

[ericsbrother]

it is a big no.

Read ther CPR's it has to be in writing but it wont hurt to email the court a copy but NEVER use email to the bandits

[harni]

Unfortunately I've been behind on this due to sickness so am very conscious of time (needs to be submitted by 4th Jan). Ive uploaded my redacted witness statement. I would really appreciate any criticisms from anyone as this is the first time i've done something like this!

witness statement redacted.pdf

 

 

On 23/12/2019 at 09:14, ericsbrother said:

it is a big no.

Read ther CPR's it has to be in writing but it wont hurt to email the court a copy but NEVER use email to the bandits

 

As the court isnt far, i assume id be ok to hand deliver it? I know its not ideal but i want to make 100% sure its there before the deadline?

Edited December 28, 2019 by harni

[shamrocker]

It's all a bit loose tbh. You've got week to get it in, so I'm sure we'll get something better pulled together. Have they served their WS on you yet? I'd prefer to see what weaknesses it presents before working too hard on yours. Even if it's a day or two late, it shouldn't harm.

 

You still haven't posted up the tickets and notices to keeper I asked about further up.

[harni]

Thanks Shamrocker. Im glad i got it uploaded with time to make changes.

 

Apologies for not uploading the tickets and NTKs. See attached.

Note that i appealed each of these before the NTD arrived as it is a lease vehicle so the NTK would have gone to the lease company and then on to me with a nice charge for the hassle. 

 

They have not issued their WS to me yet.

The last i had from them was December 14th when they sent me 2 letters together.

 

One was a response to my points in my defence along with all of their evidence (about 10 pages worth).

The second letter was a 'gesture of good will' that the claimant will settle out of court for £500 if paid within 7 days.

Needless to say that had about as much consideration as the rest of their rubbish!

NTK's_and_tickets.pdf

[harni]

Would really appreciate any feedback. Having reviewed the paperwork, it has to be returned by 4pm 3rd Jan, not the 4th so i have to get this in the post on the 2nd which doesn't leave me much time unfortunately 

[dx100uk]

wheres the letter that tells you WS must be in by 3rd?

usually its 14 days before the court hearing?

[harni]

1 minute ago, dx100uk said:

wheres the letter that tells you WS must be in by 3rd?

usually its 14 days before the court hearing?

On my desk at work unfortunately but I read over it several times for that reason. From the threads I have read on here it seems everyone gets 14 days before but it 100% says to be in by 4pm on the 3rd  No explanation to it either. 

[honeybee13]

Is this a letter from the court, harni?

 

HB

[harni]

Yes, this was on page two of the letter from the court advising of the date of hearing. 
 

documents to be returned by 4pm 3rd Jan

Fees to be paid by 4pm 17th jan

hearing 10am 14th feb

[shamrocker]

Harni... when these tickets were issued due to double parking, did only one vehicle receive a ticket, and was it the one allegedly overhanging the area they supposedly manage (tarmac)?

 

Did you send a CPR request upon receiving the claim form?

Edited December 30, 2019 by shamrocker

[harni]

6 hours ago, shamrocker said:

Harni... when these tickets were issued due to double parking, did only one vehicle receive a ticket, and was it the one allegedly overhanging the area they supposedly manage (tarmac)?

 

Did you send a CPR request upon receiving the claim form?

Yes they only ticketed one vehicle and yes it was the front most vehicle close to the tarmac 

 

yes CPR went off and they returned all the docs I requested although stupidly I did not request a copy of their contract 

[shamrocker]

Ok... can you bring forward their POC and your defence - paste them in a new post here. I'm struggling for time to do much looking today.

[dx100uk]

On 29/08/2019 at 22:59, harni said:

1.The claimants claim is for the sum of £667.19 being monies due from the Defendant to the Claimant in respect of Parking charge notices (PCN) for parking contraventions which occurred between and on private land managed and operated by the claimant, where the defendant was responsible for a vehicle registration mark, seen breaching the terms and conditions in operation at the car park/private land.

 

2.The defendant was allowed 28 days from the PCN issue date to pay each PCN but failed to do so.

Despite demand having been made, the defendant has failed to settle their outstanding liability. 

 

3.The claim also includes statutory interest pursuant to section 69 of the county courts act 1984 at a rate of 8% per annum (a daily rate of 0.11 from 20/12/2018 to 27/08/2019 being an amount of £27.19. The claimant also claims £ contractual costs as set out in the terms and conditions. 

 

1. the claimant has failed to show a cause for action as they have not shown they have a right to enter into contracts with the public nor to make claims in their own name. The defendant does not believe they have locus standi in this matter.

 

2  In any case there was no breach of the contract offered by the defendant.

 

3 the claimant offered individual terms that override the signage at the site so the terms in that contract were adhered to and thus no cause for action by way of a breach of contract

done above SR.

 

dx