Premier/BW ANPR PCN claimform - Overstay - Lldl & PureGym 20 Castle Bridge Rd Notts NG7 IGX - Help with WS ***Claim Dismissed****

[goofa316]

Damn, i emailed court and snailed fleecers but had never heard of free proof of posting until now So dont have it.. is it worth posting again and getting the proof or is it ok ?

[FTMDave]

3 hours ago, FTMDave said:

Post the fleecers theirs, get a free Certificate of Posting from the post office.

So you didn't do this?

[brassnecked]

Don't think they did

 Might be worth sending and getting a free proof.

[goofa316]

I just received this from the fleecers..

 

She is asking the court to retract the image of the signage which states 3hrs free parking. as she sent it in error...

 

The case is tomorrow at 10am,  Is there anything else I need to do ?

 

Thanks

bwlegalp1-combined.pdf

[FTMDave]

It's not of massive importance, as their mess-up with the sign is only one small part of your WS.

 

However, it's worth challenging.  E-mail the court now and say you respectfully request the court not to allow their Supplementary Witness Statement as evidence given it is unreasonable to ambush the defendant with new evidence 24 hours before the hearing.

 

Courts are understaffed and overworked and it is highly unlikely the judge will see your e-mail.  So tomorrow if they try to say the 3-hour sign wasn't there you again ask the court to disregard anything in a SWS produced just 24 hours before the hearing.

 

On 15/07/2022 at 16:23, FTMDave said:

Yes Goofa, good to go, e-mail the court theirs, put the claim number and the names of the parties in the subject line, request receipt.

 

Post the fleecers theirs, get a free Certificate of Posting from the post office.

I hope you did this because they are lying and pretending you dated your WS 14 July but they received it on 4 August.

[FTMDave]

Brassnecked also wrote:

 

On 15/07/2022 at 19:07, brassnecked said:

Yes Do Not Email to the fleecer's. Snail mail with free proof of posting is fine.

 

[brassnecked]

Yes the free proof of posting would cast doubt on their claim to have only had it 4th August, as is absolute evidence it was sent.

[lookinforinfo]

Ok try this for tomorrow.

The paralegal averred that the first WS was true. Then said the second one was true. How can we be sure what else  is true and what isn't.

Historically the car park has offered 3 hours parking which is why I stayed there for almost three hours.

Obviously Premier if put to strict proof that it was only two hours, all they had to do was to contact Nottingham Planning Department. The Council had already approved 3 hours, so to alter it to two hours  would require new planning permission.

Unfortunatelt there is no requst showing on th Council planning portal that permission was ever applied to reduce the hours of parking. Not only is that a criminal offence but surely means that the three hour stipulation is still in force. 

I put it that there case is totally without merit and should be thrown out. 

As they did not withdraw the case when they realised that the 3 hour notice ruined their case, they should have cancelled it straight away never mind the embarrassment involved to the themselves. As such in the light of them pursuing me erroneously for three years plus adding on an extra unlawful £60, I would respectfully ask exemplary damages in place of the breaching of my GDPR.

 

[Perhaps others could suggest amendments and improvements.]

Edited August 11, 2022 by lookinforinfo

[FTMDave]

Spot on LFI.

 

Remember also that the contract that the fleecers have with the landowners states three hours.  Rachel didn't even try to spirit that one away

[lookinforinfo]

Well done Dave-I forgot that. 

Game set and match.

[brassnecked]

Yes those two points along with its same facts as

nd car park as the one they lost to you previously in Case xxxxxx should nail their coffin shut.

[goofa316]

just got out of the virtual court, lasted over an hr!

 

So bwlegals rep tried to disregard my witness statement because they didn't receive it until the 4th August,  Judge  asked me when it was posted, told him 15th, he asked why it wasn't posted before that to ensure it go to the solicitors on time, basically told him I am defending myself, im not a solicitor and to put my defense together takes time and i only relieved bwlegals response on the 14th , and I did email the court on the 15th once I had completed it.. Judge was happy with response 1-0 to me

 

Then the solicitor went on a spree about all the appendices... images etc and to disregard the 3 hr  images and use the new witness statement, I asked to speak and pretty much nailed it with lookinforinfo's response

 

Solicitor asked me whether I agree that the parking is 2 hrs or not, i said in July 2019 I would have said no, its 3 hrs like the rest of the retail park. He asked did you read the signage, I said no.. i have parked in the retail park all the time and its been 3 hrs, i referred them to the website which states puregym is part of castle marina retail and it states 3hrs, solicitor gave some bs and asked to disregard that as its third party.. 

 

Then the judge had his final say.. and to be honest it felt like being in the apprentice board room.. one minute i'm like crap this isn't looking good, then its like.. oh this looks good.. then its like oh crap i've lost... summing up Judge said the images provided by the claimant provide no help whatsoever, you can't even read the images.. The 3 hr parking image is legit, if you look at it closely it is  a proper sign and not a dummy image like BWlegal were claiming (tbh i didnt notice that) There are no images of the car park signage on the date of the overstay.. so claim failed!!

 

I WIN !

 

Well i should say we win, I could not have done this without you guys huge thanks for everyone who helped   and i'll make a donation to this site to help others

 

[brassnecked]

Absolutely brilliant win, BW caught out by shenanigans again, I will change the threat title to eflect your win, and if you can a donation would be most welcome to help keep CAG up and running.

[honeybee13]

Excellent news Goofa, you did really well and kept your cool. Well done to you and everyone who helped. 

 

HB

[FTMDave]

Well done on your victory! 

 

Plus great work from LFI with the last-minute pin-point assist 

[goofa316]

oh should also mention the solicitor tried to appeal, but judge said based on the facts theres no basis for an appeal.. DENIED!

 

[brassnecked]

The plea for appeal means they know their game has been sussed, and the shenanigans exposed.

[FTMDave]

It's a massive coincidence that you are the one person here who forgot to get a Certificate of Posting, and the one person who the PPC then lied about claiming to have got the WS late.  Mmm ...

 

Rachel comes across as young & enthusiastic, not to mention pretty unpleasant with all her sarcastic comments about you copying stuff from the Internet.  It's perfectly possible that she has been monitoring the thread.

 

So Rachel, if you're reading this, you really must learn to check your homework before you hand it in and all this copying & pasting without reading what is in front of you will always end badly.

 

 

 

 

[FTMDave]

Also, I had intended to write before the hearing to say to demand to see the postmarked envelope that the WS arrived in - but I completely forgot to do so 

 

Good job LFI was on hand.

 

 

[brassnecked]

But the correct result was what mattered in the end.  We will have to keep an eye on Rachel's future WS submissions.