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.

[dx100uk]

you never counterclaim.

your costs will be detailed at the disclosure stage IF the claim ever gets that far!!

 

please complete this:

 

and scan up every letter in/out (bothsides ) to ONE mass multipage PDF.

 

we only need page ONE of the claimform

we only need page ONE of the letter of claim If you got one and ignored it.

 

why have you come here soo late! 

we cannot help you till we have ALL the info asked above

 

get moving.

 

dx

 

 

 

 

 

[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

[dx100uk]

Read our upload guide 

Your stuff like name/address/email ad etc, PCN/claim/reg/or any little lines of  numbers in margins 

 

Anything THEY can use to I'd you here 

 

Yes everything Inc emails in/out 

 

Dx

[brassnecked]

You respond to the claim as detailed in the sticky linked by DX, then with the uploaded docs we can see where they can be challenged and batted away.

[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

[FTMDave]

If you've never come across these disgusting fleecers before then of course it's only natural to correspond to try to make them see sense.  However, it was always futile because they are, er, disgusting fleecers only interested in £££££.  All you've done is outed yourself as the driver and lost your protection under the Protection of Freedoms Act.

 

However, all is not lost, to put it mildly.  They are on a hiding to nothing in court.  You paid.  They suffered no loss.  Not displaying a ticket is legally "de minimis" (AKA "the law does not deal with trivialities").

 

That's apart from the fact that you did actually display your ticket.

 

Well done on keeping the ticket BTW.

[dx100uk]

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

 

 

[dx100uk]

if you have those emails

why have you not put up all their attachments?

[brassnecked]

We need to see as much of the history as possible

[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?

[honeybee13]

See post #2.

 

HB

[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

[FTMDave]

Isn't there something displayed on the dashboard near your left windscreen wiper (I mean "left" as in when facing the vehicle)?

[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.

[FTMDave]

I was hoping it was the actual ticket, to completely scupper the fleecers' claim!

 

Unfortunately that means that the photos do show areas of the dashboard though.  Is it possible the ticket fell on the floor?

[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.

[FTMDave]

The defence is fine.  Good work.

[FTMDave]

In your e-mails.  "I had parked".  "I had a valid parking ticket".  "I had a correctly displayed parking ticket".  "I did indeed have a valid ticket".  Etc.

 

Originally they didn't know who the driver was so the court would have considered whether their paperwork respected the Protection of Freedoms Act and thus created keeper liability - or not.  But now they do know who the driver was as you outed yourself.

 

Not the end of the world - but something to learn from for the future.

 

Their claim is still pants as you paid, they suffered no loss, and you can prove it.

[dx100uk]

Registered keeper

[commonsensehasdied]

defence submitted so lets see what happens next

[dx100uk]

Get reading up ...then you'll be prepared.

 

Dx

[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

[dx100uk]

CAG is self help too!!!

 

As already advised, n180 is one of the stages of the claim process and yours to overcome...you cant simply vanish for a month.!!!!!!!

 

You should have been reading as many pcn claimform threads as you can, getting up to speed, knowing whats to come, how to react and whats next....then asking im going to do this...xxxx..is this correct please.

 

Nearly every pcn claimform thread has all the answers.

Use our enhanced google search box.

 

You must remember its YOU infront of the judge. Not us. You screw up, the claimant will exploit it and you will lose.  Wise up!

 

We do not nurse maid...

 

DX

[AndyOrch]