Brittania/BW Windscreen PCN Claimform - west Quay Retail Park Southampton SO15 1BA ***Claim Dismissed***

[lookinforinfo]

Please post up their WS whenever you get it so we can point out how to reply to damage their case and strengthen yours.

[commonsensehasdied]

yay or boo - I'm not sure which?

 

Finally received the WS from the claimant - dated a month ago! (same on envelope post mark) so I can only assume it's been held up by the strikes etc.

 

Court date is set for February, and I'm going to be out of the country for a couple of weeks between then and now

 

2nd post will follow as I've had to split the WS into 2 parts to upload it.

Claimant defense redacted 1.pdf

2nd part attached here

Claimant defense redacted 2.pdf

[brassnecked]

And/Or Driver again

[FTMDave]

Given the lateness of the WS's arrival, you can, if you wish, knock up a short Supplemental Witness Statement to counter the fleecers' points.  The court is not bound to accept a SWS, but may do.

 

Have a think if you want to do this.

 

I don't think it really makes much odds given the fleecers' WS is mostly cut & paste tripe.

[commonsensehasdied]

@FTMDave

 

I'm assuming the arrival date won't make any difference as they can obviously prove when it was posted, the same as I can.

 

Is a supplementary witness statement of much value - if so, then yes, I'd like to do this.

 

How does this work when we get in front of the judge - am I expected to argue each point within their and my WS? That concerns me greatly as I have zero legal knowledge or understanding.

 

The one thing I picked out of their evidence bundle, which I definitely plan on using in court is that they have backed up what I was saying about one set of instructions says 'display on windscreen' and another says 'display on dashboard'.

 

They've also included acknowledgement I had a valid ticket, so I'd planned on pushing hard on the De Minimis argument. 

 

[FTMDave]

Yes, they're in the clear that they posted it on time.

 

You could use the late arrival though as an excuse to request the court to allow your SWS.

 

They are pages & pages & pages of waffle but no real substance there.  They manage car parks - knew that.  They put lots of signs up - there's no dispute about the signs.  You admitted being the driver - not in dispute.  You sent each other lots of mails - yawn.

 

You could attack their para 6 and point out that a letter of authority for use by the DVLA is not a contract and you reiterate that they have failed to show any contract with the landowner which authorises them to bring claims in their own name.

 

Yes, their para 19 admits you had a ticket.  Emphasise "de minimis" again.

 

Attack para 45.  It is irrelevant that their trade association, which is hopelessly biased in favour of its members, allows invented, made-up charges to be added to the £100 PCN amount.  The British Parking Association doesn't make the law.  What is relevant is what the law in England & Wales allows.

 

Their WS does not include proof of PP for their signs, logically enough because they don't have PP which is a criminal offence and no contract can be made where criminality is concerned.

 

You know how to prepare a WS.  Do the same, just call it a Supplementary Witness Statement instead and include the above points.

[commonsensehasdied]

So, game on in 30mins. Any last minute advice? 

[brassnecked]

You have all your i's dottted, and t's crossed use your WS points to counter any silly claims they make.  Good Luck.

[commonsensehasdied]

CASE DISMISSED in under 30mins. Evidence not beyond reasonable doubt. 

unfortunately, I didn’t research costs enough, or how to put a costs sheet together, so I walk away a few quid out of pocket, and a whole load of inconvenience, but I do get to celebrate victory! 

A huge thanks to everyone for your help along the way, and in particular to @FTMDavewithout whom I’d still be scratching my head!

 

The funniest bit was when the other side tried to argue that my dashboard wasn’t a dashboard because it had cup holders.

 

The Judge asked him what else he would call it

[brassnecked]

He hasn't seen a Ford Transit then that Solicitor, they have a cupholder at each side of the dash built in

[FTMDave]

Well done on your victory!