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

[commonsensehasdied]

After months of arguing a PCN and providing them with a copy of the valid parking ticket, BW have issued a Claim Form.

They haven't actually provided a photo of my dashboard despite repeatedly stating that's where the ticket was clearly displayed.

 

I now want to counterclaim for loss of a days pay to attend court, travel costs (don't know what these will be yet as I don't know which court will be assigned) and would like to know what's a reasonable amount to counterclaim for the hours I've wasted trying to get them to see common sense - and how do I word that in the counterclaim?

 

I only have a couple of days to complete the online return, so a swift response would be very much appreciated.

 

Thanks in advance.

[commonsensehasdied]

Late because I didn't know

Genuinely thought they'd finally seen sense - but clearly not.

Do I need to delete personal details/reference numbers before I upload?

Letters? - most of this was by email as my post is redirected and occasionally lost.  I'm assuming you mean letters and communications before the claim form arrived?

Edited July 14, 2022 by commonsensehasdied
additional info and to remove quote

[commonsensehasdied]

here's what I can find.

I'll hunt again for any more. Difficulty is some stuff I have, and some I don't know where it's gone

 

full lot.pdf

[commonsensehasdied]

On 15/07/2022 at 18:58, dx100uk said:

Please can we have the sticky questions answered here as text in a msg box.

 

 

help - which questions?

[commonsensehasdied]

Which Court have you received the claim from ?

 

MCOL Northampton N1 ?

 

Name of the Claimant : Britannia Parking Group

 

Claimants Solicitors: Rohan Krishnareo

 

Date of issue – 8th July 2022

 

Date for AOS - 27th July

 

Date to submit Defence - 10th August 2022

 

 

What is the claim for – 

 

1. The claim is for the sum of £92 being due from the defendant in respect of a parking charge notice (PCN) for a contractual breach which occurred on 03/08/21 in the private car park/land at Southampton - west quay retail park SO15 1BA in relation to a vehicle registration mark xxxxxxx.

 

2. The PCN was issued as the driver failed to comply with the terms and conditions, as displayed.

 

3. Despite demands, the charge remains unpaid.

 

4  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 £0.02) from 03/08/21 to 07/07/22 being an amount of £6.78.

 

5. The claimant also claims £60 recovery costs as set out in the terms and conditions and in the ATA AoS code of practice.

 

What is the value of the claim?

 

Amount Claimed - £151.78

court fees £35

legal rep fees £50

Total Amount £236.78

2nd lot.pdf

[commonsensehasdied]

yes - that's an old cup mat/sticker which has been in the van since I got it - it's wedged which is why it doesn't move.

[commonsensehasdied]

ok - so can I clarify before I paste the below into the defence return I have to submit fairly soon - is the below correct?

One other point I meant to ask - I don't believe I've ever actually clarified or confirmed I was the driver at the time if that makes any difference? 

 

The Defendant contends that the particulars of claim are vague and generic in nature which fails to comply with CPR 16.4.  The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made.

 

1.  The Defendant is the recorded keeper of [motor vehicle].

 

2.  It is denied that the Defendant entered into a contract with the Claimant.

 

3.  As held by the Upper Tax Tribunal in Vehicle Control Services Limited v HMRC [2012] UKUT 129 (TCC), any contract requires offer and acceptance.  The Claimant was simply contracted by the landowner to provide car-park management services and is not capable of entering into a contract with the Defendant on its own account, as the car park is owned by and the terms of entry set by the landowner.  Accordingly, it is denied that the Claimant has authority to bring this claim. 

 

4.  In any case it is denied that the Defendant broke the terms of a contract with the Claimant.

 

5.  The Claimant is attempting double recovery by adding an additional sum not included in the original offer. 

 

6.  The Particulars of Claim is denied in its entirety.  It is denied that the Claimant is entitled to the relief claimed or any relief at all.

[commonsensehasdied]

defence submitted so lets see what happens next

[commonsensehasdied]

Hi dx100uk - I don't even know where to start with that!

 

I now need to file a Form N180 by the 22nd. Can that be done online or does that need to be a physical copy posted to the court?

 

Do I agree to mediation or should I ignore that option?

 

Thanks

[commonsensehasdied]

apologies dx100uk. Like everyone else, I have a million other things in my daily life to attend to and an extremely demanding job. Getting time is one of my biggest difficulties. Add to that I've never had to deal with this kind of thing before, so I'll take as much help from you as I can get given that you obviously know a great deal more than I do.

 

So to answer my question, am I right in thinking that I need to physically post hard copies of the N180 response to both the court and the other side? I'd made the mistake of assuming everything could now be done online.

[commonsensehasdied]

so - this is a private parking claim and I did use the defence statement suggested.

 

If I click No for mediation - will that not go against me as it could be used to show I wasn't willing to resolve?

 

What reason do I give for saying No to determination without a hearing?

I have to post these off tomorrow and I'm genuinely now at the point where it may just be better that I give in and pay the money. I genuinely don't know if I'm up to this.

[commonsensehasdied]

Guys - seriously, thanks for your help, it's very much appreciated.

 

I still don't know how to answer this one though, and it states that I have to give a reason if I answer no?

 

What reason do I give for saying No to determination without a hearing?

[commonsensehasdied]

@dx100uk is it as simple as answering that I wish to challenge their witness statement (I'm assuming that's what WS means based on @brassnecked answer?) personally and answer any question they may have in court?

[commonsensehasdied]

Hi and thanks. I'm not sure if I'm just not seeing something that everyone else is. What is my factual dispute that I haven't already covered in my WS?

The court I've chosen (nearest to my home) doesn't run the pilot scheme  -  does that make any difference?

[commonsensehasdied]

Hi All,

 

I've received the attached and REALLY don't know how to write my own defence!

 

I've searched the site for defence letters as directed, but I'm just not understanding

a) where to find those letters or

b) how to reply.

 

I also have an obscene amount of personal drama going on in my life right now, and I'm really struggling to cope.

 

I have less than 72 hrs to file the defence letter in response to the attached and give to the other side.

 

I have no problem standing in front of a judge and telling them my side of the story - and showing them the proof that I had a ticket (BP kindly included the photo of my ticket in their argument), I just don't have the smarts to write what I need to write.

 

Please help

 

Thanks

PCN Defence-1 received.pdf

[commonsensehasdied]

Hi - yes, I've received the NOA and have to file my witness statement (apologies, that's what I was calling my defence letter) within the next 48hrs.

 

I've genuinely been trying to read up on what comes next and how I respond etc. but I'm clearly not the best at finding things, hence my desperate plea for help.

[commonsensehasdied]

NOA.pdfNOA.pdfNOA.pdfHi - yes, I've received the NOA and have to file my witness statement (apologies, that's what I was calling my defence letter) within the next 48hrs.

 

I've genuinely been trying to read up on what comes next and how I respond etc. but I'm clearly not the best at finding things, hence my desperate plea for help.

MCOL current.pdf

[commonsensehasdied]

hi lookinforinfo - it's in post #40 above

[commonsensehasdied]

I got it somewhere around the 18/19th?

[commonsensehasdied]

@FTMDave - I can only apologise again. I'm also in the middle of a very bitter divorce and child custody struggles. There's only so much I can cope with mentally and financially, but I will gladly take any help offered. I appreciate the court won't give a hoot about my personal circumstances, I just don't want this going sideways because of my inabilities. 

I was told that all WS follow pretty much the same format, but I've really struggled to find more than one or two WS that are the same circumstances as mine to be able to compare them, and more importantly, I haven't really understood what's written within them.

 

@dx100uk - That's all I've received from them, with the addition of several of the photos included in the original correspondence I uploaded. Does this make any difference? 

Edited December 5, 2022 by commonsensehasdied

[commonsensehasdied]

@FTMDave what's a CPR request?

[commonsensehasdied]

@FTMDave and @dx100uk I'm assuming I'm way too late to send a CPR request?

[commonsensehasdied]

Can the CPR request be issued via MCOL - or do I need to send a hard copy to the claimant?

Asking as I'm conscious of needing to submit my WS by Wednesday at 1600hrs latest. 

[commonsensehasdied]

@dx100uk 

I'm still ploughing my way through the McDonalds parking thread and how that WS is structured.

I can't (or at least I think I can't) use any of that because in my case, the claimant hasn't filed or supplied a WS for me to be able to pick apart?

 

I was more asking if that was a quicker way to get the letter to the claimants rather than using hard copy via post. It'll be in at the post office 1st thing tomorrow. 

 

I appreciate you're frustrated at me and my apparent tardiness, but I'd really appreciate your help now and judgement of me later. Right now, I just need spoon-feeding and held by the hand, literally.

Thanks

[commonsensehasdied]

@FTMDaveYes please - thought I'd already asked for your help in post 54. 24hrs late is better than the absolute zero I currently have.