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CONFUSEDMAN365
post Mon, 20 Feb 2017 - 16:18
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Hi

I know there has been many posts with regards to BW legal and there pursuit of old PCN's I have recently received 2 myself, before I respond to them I was wondering if someone may be able to help with my question which is as follows? how have they managed to locate me? I have moved house numerous times and not had a vehicle registered at my current address? I was wondering if they had obtained my details fraudulent.

any ideas?
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post Mon, 20 Feb 2017 - 16:18
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CONFUSEDMAN365
post Mon, 12 Jun 2017 - 07:30
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so today i received i claim forms from the courts is the fact i wasn't the driver a strong enough defence when/if it goes to court?
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The Rookie
post Mon, 12 Jun 2017 - 08:13
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Yes and no.

You should always question every point but you not being the driver and not liable under PoFA should be enough but judges are notoriously fickle so you should attack signage (visibility and content), standing and create an argument for unconscionable under the circumstances (differentiating from Beavis) on any defence.


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There is no such thing as a law abiding motorist, just those who have been scammed and those yet to be scammed!

S172's
Rookies 1-0 Kent

Council PCN's
Rookies 1-0 Warwick
Rookies 1-0 Birmingham

PPC PCN's
Rookies 8-0 PPC's
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CONFUSEDMAN365
post Mon, 12 Jun 2017 - 08:36
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Thanks Rookie, one question i have, as i wasn't the driver, surely questioning the signage would surely imply that i was as i wouldnt need to question it if i never saw it as i was not the driver?
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Lynnzer
post Mon, 12 Jun 2017 - 08:57
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QUOTE (CONFUSEDMAN365 @ Mon, 12 Jun 2017 - 09:36) *
Thanks Rookie, one question i have, as i wasn't the driver, surely questioning the signage would surely imply that i was as i wouldnt need to question it if i never saw it as i was not the driver?

Not at all.
It's a case of
1. I was not the driver and proof it is here.....
2. If you consider that I was the driver then the signs .......
3. If the signs are considered satisfactory then there is no evidence of them holding a contract etc

Just examples though. Choose your own points and build up a strong case.


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Gan
post Mon, 12 Jun 2017 - 09:09
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Not at all for any of several possible reasons :

The driver had told you about the lack of signs
Google Streetview doesn't show any signs
Internet photographs/forums etc show that the company/location has/had poor signs
It might be a location that you had previously visited, although not on this occasion, and not seen any signs
Most people, after receiving a parking notice or claim would make a visit to inspect the location
The signs have been replaced and you believe it's because they didn't meet requirements

If you can access archived Google Streetview images, download and save them for your witness statement
If BWL submits pictures of more recent signs, you can demonstrate that their evidence is untruthful
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The Rookie
post Mon, 12 Jun 2017 - 10:24
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If you were liable under PoFA you would still go and look at the car park and question whether the driver had an liability at all that had then been passed to you as keeper. A liable keeper can still use those points to show the driver had no liability and therefore nothing could be transferred to them.


--------------------
There is no such thing as a law abiding motorist, just those who have been scammed and those yet to be scammed!

S172's
Rookies 1-0 Kent

Council PCN's
Rookies 1-0 Warwick
Rookies 1-0 Birmingham

PPC PCN's
Rookies 8-0 PPC's
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nosferatu1001
post Mon, 12 Jun 2017 - 12:08
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FIRST STEP

Acknowledge the claim. Go ONLINE and do it there. Dont enter ANYTHING in the defence section. Do NOT contest jurisdiction unless you live outside engliand and wales.
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CONFUSEDMAN365
post Mon, 12 Jun 2017 - 14:55
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Thanks for the help.

I have acknowledge the claim, but I had already filled in the defence section before you commented nosferatu1001, what does this mean now?
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nosferatu1001
post Mon, 12 Jun 2017 - 15:03
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Well it means you have submitted a defence, obviously.

What did you put in it?

If it wasnt a full and complete defence - and it wont be - then you MUST CALL THE COURT. Tell them you submitted by accident and that DOES NOT constitute your defence. DO THAT NOW. KEEP DOING IT>
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CONFUSEDMAN365
post Mon, 12 Jun 2017 - 15:39
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i have contacted the court, they won't remove my defense but i have 24 hours to add to it.

i stated, although i was the rk of the vehicle i was not the driver and as this was pre PoFA i could not be assumed responsible, i also stated that i have visited the location and the signage is not very visable/clear especially if you approach the carpark from a certain direction
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cabbyman
post Mon, 12 Jun 2017 - 16:20
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That's a narrative of your defence. What verbatim did you write as a defence?


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Cabbyman 10 PPCs 0
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CONFUSEDMAN365
post Mon, 12 Jun 2017 - 19:21
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So what should i re enter as my defence? Are there any templates set up anywhere?
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nosferatu1001
post Tue, 13 Jun 2017 - 09:49
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No there arent templates, because defences are more important than that.

WHAT EXACTLY DID YOU WRITE.

EXACTLY.

Not your narrative.
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CONFUSEDMAN365
post Tue, 13 Jun 2017 - 13:14
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I was not the driver of the vehicle which I have responded to the
claimant on several occasions and as this claim was for an alleged
offence before the protections of freedoms act 2012 and I have declared
I was not the driver they have no cause to pursue me.

I have also visited the location of where the alleged offence occurred
the signage for the car park is not very clear and if approaching from a
different direction it is not visible at all
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nosferatu1001
post Tue, 13 Jun 2017 - 18:22
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Ok so what expanded defence have you found while looking around here? There are loads. 2017 onwards.
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CONFUSEDMAN365
post Mon, 26 Jun 2017 - 07:29
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quick update, the courts came back to me this morning stating bw now have 28 days to notify them if they wish to proceed with there claim
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nosferatu1001
post Mon, 26 Jun 2017 - 12:49
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What additional defence did you submit?

If you didnt bother, that would be useful information to have.

This post has been edited by nosferatu1001: Mon, 26 Jun 2017 - 12:50
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CONFUSEDMAN365
post Tue, 27 Jun 2017 - 10:10
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no, no additional information was added.

I will keep you posted on the outcome

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Gan
post Tue, 27 Jun 2017 - 10:48
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Can't understand OPs that ask for and follow advice at all the preliminary stages but go off-piste on their own when it comes to the only document that actually matters
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nosferatu1001
post Tue, 27 Jun 2017 - 13:26
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QUOTE (CONFUSEDMAN365 @ Tue, 27 Jun 2017 - 11:10) *
no, no additional information was added.

I will keep you posted on the outcome

better hope your WS is up to scratch then
Whats your draft looking like?
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