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    • if you wish to put up everything like    your defence claimants WS defendants WS   then im sure those here now and future victims will find it of value   if you read upload carefully you'll see its best to upload each as a separate multipage PDF but ofcourse you'll have to redact each page as a jpg picture 1st before merging each to the relevant multipage pdf .   dx  
    • Thanks I’m happy to put something back ! I didn’t have the courage of my convictions to counter claim even though I was really quite proud of the thoroughness of my court bundle ! i really wanted the opportunity to get into the detail with the judge and felt quite cheated when it ended, but of course I realised that they had just moved on to their next victim  will watch this space 👍  
    • I have created your own topic for this as its import to have it own one but placed a link on the thread you posted on.   you should never counterclaim that exposes you to further cost and rarely succeeds esp if they disc' the claim always best to state in a sep letter you will be seeking costs esp loss of days wages at £90 which most judges allow.   as for an sar, its p'haps always better to issue a cpr 31:14 too or in replacement of, an sar.   well done on your important win
    • My wife has directed me to post on this thread as I have just successfully won against these charlatans   My hearing date was all set at my local court for 31st October 2019 all defence papers were filed and served and frankly I was really looking forward to it! This morning I received a letter from BW legal stating in a one line response that I was to take this letter as a notice of discontinuance whereby the claimant KBT (armtrac) discontinues all of the claim. I am beyond disappointed that I didn’t get my chance to see these idiots across a desk! And that’s it I don’t appear to be able to take this further? I now realise I should of had the courage of my convictions and faith in the advice of others to issue a counterclaim! What I have now in my possession is a file of information which would be Gold-dust to the next person in my position! I feel like I would be able to get some sort of closure if I could pass some of this wisdom on but there are many posters here already and every case is different in its own way The key points in my defence were as follows and useful to anyone ‘caught’ at Sandy Acres. Keep the original parking ticket you purchased and send a copy to KBT with a covering letter ASAP do not identify the driver at any stage of the process!!!!  The blue sign uses the word penalty which is contrary to the IPC codes of practice  The red and white sign has a café open sign in front of it  which obscures it from the drivers view both available to download via Google maps Check the date you receive NTK mine was 71 days Do an SAR and you will get back the pictures of the alleged offence in my case they were of such poor quality you could not tell which way up the ticket was in the photo and in no image they held was there a picture showing the ticket and the vehicle numberplate. They offered no other evidence. Pretty soon you will see the money is being sought escalate until they no longer match the figure on the NTK even if it is sent within 56 days When you see a breakdown of costs for the money being sought it will ultimately include legal costs, typically £60 that the solicitor knows cannot be recovered in Small Claims Court. Personally I am now considering reporting BW legal to the law society or solicitors ombudsman for being party to a process which is fundamentally dishonest, an abuse of process, and a complete waste of court resources?   i am happy to help anyone who needs assistance but rest assured that their case against you relies on you caving in and paying, they have no plan B but will try and make you doubt your ability to defend yourself.   Dont worry about small claims Court, it isn’t crown court, just an office with 3 desks and certainly less stressful than a job interview or meeting with the bank and less at stake.   I got to one week from my court date and they gave up!
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joannes

Britania/BW claimform ANPR PCN - Chelmsford, Essex, Army and Navy Car park CM2 7PU

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Morning All,

 

I wonder if you could offer me some help please.

 

As vehicle's registered keeper, I've received a letter of claim from BW Legal and understand from reading previous posts that this does need to be responded to.

I've ignored all previous correspondence from Brittania, DRP and Zenith because my understanding was that the NTK needed to arrives by the 15th day following the alleged contravention (it actually arrived on the 24th day!)

 

i have kept copies of all previous correspondence sent.

 

Any advice on how to respond to them would be really appreciated.

 

1 Date of the infringement 5th April 2016

 

2 Date on the NTK [this must have been received within 14 days from the 'offence' date] 27th April 2016

 

3 Date received 29th April 2016

 

4 Does the NTK mention schedule 4 of The Protections of Freedoms Act 2012? [y/n?] NO

 

5 Is there any photographic evidence of the event? YES registration details with small date/ time stamp at top of image

 

6 Have you appealed? {y/n?] post up your appeal] No

Have you had a response? [Y/N?] post it up

 

7 Who is the parking company Brittania

 

8. Where exactly [carpark name and town] Chelmsford, Essex, Army and Navy Car park CM2 7PU

 

For either option, does it say which appeals body they operate under. BPA

 

Thanks, Jo

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A simple but rude letter should be sent so somehting on the line of

" dear sirs, I am in receipt of your threatagram dated the xxth of dec and have laughed at its contents. As I was not the driver at the tiem and the original NTK arrived 10 days too late to create a keeper liability I ask that you tell your clients they can **** off and stop wasting my time. If they know who was driving at the time then you should be bothering them instead. Could you also remind them that thye are in breach of the KADOE contract with the DVLA and are thus breaching the GDPR and I am entitled to seek remedy for the misuse of my personal data. That will happen if they are dumb enough to employ the parking world's second worst solicitors to try their luck in court so tell them I dont expect to hear anything further".

 

Now that might not be the end of the matter so if you cna get soem pictures of the sigange at the place your car was parked including the actual entarnce to the land from the public highway whetehr there are signs or not that would be helpful. When a parking co gets one thing wrong they usually get others wrong as well

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was this anpr or windscreen ticket?


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it was an ANPR capture, with 4 images of vehicle on the rear of original PCN

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the send the letter suggested and see what happens. If they dont skulk off them you can use this letter as proof that you tried to deal with the matter before it went to court

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Just a quick question, as I'm about to send the letter off to BW Legal, shall i sign it ( i've read on a few posts the suggestion that you just print your name) and would you also send a copy to Brittania Parking as well?

 

Thanks for the great advice you give here, it's really appreciated.

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Not sure about the signature, wait for the experts to pop on.

 

Certainly send a copy to Britannia Parking - unscrupulous solicitors love to rip off not only the motorist but also their own clients by egging them on to court even when they'll lose.

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no just type your name


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

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One of the reasons for not signing any documents going to these lowlife bandits is that they are not above scanning and manipulating it onto other documents. Yes they are that bad.:-x


My time as a Police Officer and subsequently time working within the Motor Trade gives me certain insights into the problems that consumers may encounter.

I have no legal qualifications.

If you have found my post helpful, please enhance my reputation by clicking on the Heart. Thank you

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I sent letters off as per post 3 to both Brittania and Law firm (loose definition i know!) and received a response from BW legal citing Combined Parking Solutions V AJH Films and from Brittania saying they are not in breach of Kadoe as they have not implied keeper liability on the original PCN and are relying on the implied contract with the driver prior to PFA 2012, which means they have until the 35th day to provide notice of this.

 

I have now received a County Court Form to complete.

 

I am now a bit confused on how to respond.

 

A couple of questions, I have photograph taken from the site 4 months after alleged contravention (Aug 16) showing signage detailing that a parking charge of £70 may be charged, whereas the original PCN / NTK says an £85 charge is due, is this an example of them unilaterally moving the gate posts again?

 

Any further advise would be greatly appreciated.

 

Thanks Jo

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PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

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Name of the Claimant BRITTANIA PARKING

claimants Solicitors: BW LEGAL

 

Date of issue – 13TH FEB 2019

 

Date to acknowledge) = 3RD MARCH

 

date to submit defence = 15TH MARCH

 

 

What is the claim for

 

1.THE CLAIMANTS CLAIM IS FOR THE SUM OF £85.00 BEING MONIES DUE FROM THE CLAIMANT IN RESPECT OF A PCN ISSUED 05/04/2016 AT 2124 AT CHELMSFORD ARMY AND NAVY ANPR. THE PCN RELATES TO vehicle details included.

 

2.THE TERMS OF THE PCN ALLOWED THE DEFENDANT 28 DAYS FROM THE ISSUE DATE TO PAY THE PCN BUT THE DEFENDANT HAS FAILED TO DO SO.

 

3.DESPITE DEMAND HAVING BEEN MADE THE DEFENDANT HAS FAILED TO SETTLE THEIR LIABILITY.

 

THE CLAIM INCLUDES STATUTORY INTEREST PURSUANT TO SECTION 69 OF THE COUNTY COURTS ACT 1984 AT A RATE OF 8% PER ANNUM A DAILY RATE OF 0.02 FROM 5/4/16 TO 12/02/19 BEING A TOTAL AMOUNT OF £20.88.

THE CLAIMANT ALSO CLAIMS £60.00 CONTRACTUAL COSTS PURSUANT TO PCN TERMS AND CONDITIONS.

 

What is the value of the claim? £240.88

 

Has the claim been issued by the Private parking Company or was the PCN assigned and it is the Debt purchaser who has issued the claim ? PRIVATE PARKING COMPANY

 

Were you aware the account had been assigned – did you receive a Notice of Assignment? NO

 

------------------------------------------------------------------------------------------------------------------------------------------------

Edited by dx100uk
format

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pop up on the MCOL website detailed on the claimform.

.

register as an individual

note the long gateway number given

then log in

.

select respond to a claim and select the start AOS box.

.

then using the details required from the claimform

.

defend all

leave jurisdiction unticked.

click thru to the end

confirm and exit MCOL.

.

 

get a CPR 31:14 request running to the solicitors [if one is not listed send to the claimant]

.https://www.consumeractiongroup.co.uk/forum/showthread.php?486334-CPR-31-14-Request-to-use-on-receipt-of-a-PPC-(-Private-Land-Parking-Court-Claim)(1-Viewing)-nbsp

 

type your name ONLY

 

no need to sign anything

.

you DO NOT await the return of paperwork.

you MUST file a defence regardless by day 33 from the date on the claimform [1 in the count]


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

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The court case they refer to is a commercial vehicle so not applicable law and they know it.

 

the change of signs may be because they have been told what maximum to charge by the landowner or it may be a new company has taken over the site. Doesnt change anything for you UNLESS you can show LL had instructed them beforehand to alter things

As for the contractual costs that only applies to the DRIVER and not the keeper so it looks as though they are not claiming any keeper liability via the POFA ( and hence the AJH Films twaddle). this menas that part of the claim is easy to knock back and they do themselves no good by saying it is part of the terms that were only notified to you via the PCN so not a contractual condition as far as the originasl contract goes. as we know it is just a made up unicorn food tax it is easy to see why they arent that clear on the true terms as they really want you to pay up without the matter going to court because they cnat make any money if it gets that far, even if they win as they will just about cover their costs and will have wasted a lot of money and time getting that far.

 

so what you need to do for now is acknowledge the claim within a fortnight of its issue and then you ahve another fortnight to put an outline of your defence in. you should also sned a CPR 31.14 request for documents to BWL to ask for sight of the contract between the landowner and Britannia that assigns the right to enter into contracts with the public and to make civil claims in their own name. Also ask for a copy of the original Notice to Driver ( as they refer to it for their £60 add-on), the Notice to Keeper and for proof of the planning permission granted that allows the siting of their signs and equipment. Give them 14 days to comply.

 

they wont do this so after that time has expired you can use that in your defence and say you dont believe they have the authority as they failed to produce it. this is one of the reasons you need to ack the service of the claim and get the CPR letter out now so you have time to include the rubbishing of them in your defence.

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best way of dealing with this is to use the moneyclaim online portal, easy to do and makes it a good way of watching the progress of the claim as deadlines ahve to be reached before they can continue on to the next bit and you can jump on them if they fail to do it nicely

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post 15 details what to do


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

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as you know, there is no keeper liability and they dont claim to create one so that menas they should state why they are suing you as they dont say in what capacity.

Not at all surprising as BWL are the parking worlds second worst solicitors and tend to copy the shoddy output of the worst ones. now that will be enough to beat their claim if the judge is in a bad mood but best use other points as well but do use this adn try to get a CMO that forces them to say why they are going after you and also answer the questions about their rights to use the civil procedures in the first place ( hence the CPR 31.14 request) many cases crumble because they cnat show they ahve authority and would rather drop a claim than ahve it shown in court they are just crooks

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