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Britannia/BW Legal Vs Me (County Court Claim Issued)
Beeze92
post Mon, 28 Jan 2019 - 14:10
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Hi all,

Looking for some assistance where the driver unknowingly and briefly parked in a Brittania controlled parking area. Was in there for no more than 10-15 minutes to take a phone call and it was the only safe place the driver could stop. The car park in question is split and it seems as though the car park at the back is Pay and display whereas the front end is a loading bay for the nearby Travelodge and restaurants ( which is where I briefly parked )

Anyway, after receiving a PCN through the post the driver initially ignored it as has done in the past but the keeper has been sent an email from BW Legal this morning that Court proceedings are due to take place :

NOTICE OF COUNTY COURT CLAIM ISSUED
Dear
Our Client: Britannia Parking Group Limited t/a Britannia Parking
Client Reference:
Our Reference:
Balance Due: £
As you are aware, we represent our client: Britannia Parking Group Limited t/a Britannia Parking
We have now issued legal proceedings in the form of a County Court Claim on January 2019 under claim number which you will shortly receive directly from Northampton County Court (County Court Bulk Centre) as you have failed to make repayments on your above account.
The amount of the County Court Claim is summarised below:
Principal Debt
Interest £
Court Fees £
Solicitors Costs
Outstanding Balance To Pay Now 200+


What is the best stance to take from here?

This post has been edited by Beeze92: Mon, 28 Jan 2019 - 15:56
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post Mon, 28 Jan 2019 - 14:10
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ostell
post Mon, 28 Jan 2019 - 15:35
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Edit so that the identity of the driver cannot be inferred. The driver parked, the keeper received the paperwork and handled everything after that

How about the PCN and a picture of the signs, or a google street view link to the location.

When the claim form arrives acknowledge using the details and password on the form but do not put anything in the defence. This gives you 33 days from the date of issue to get defence to the court.

You've removed the amounts but they can only claim £50 max for legal costs

If a loading bay then it was probably a forbidding sign and no contract created.

This post has been edited by ostell: Mon, 28 Jan 2019 - 15:39
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nosferatu1001
post Mon, 28 Jan 2019 - 15:47
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Call the driver THE DRIVER. No he she, and definitely no "i" as an example!
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cabbyman
post Mon, 28 Jan 2019 - 16:05
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Was this a waterside location?


--------------------
Cabbyman 11 PPCs 0
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Beeze92
post Tue, 29 Jan 2019 - 12:36
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QUOTE (ostell @ Mon, 28 Jan 2019 - 15:35) *
Edit so that the identity of the driver cannot be inferred. The driver parked, the keeper received the paperwork and handled everything after that

How about the PCN and a picture of the signs, or a google street view link to the location.

When the claim form arrives acknowledge using the details and password on the form but do not put anything in the defence. This gives you 33 days from the date of issue to get defence to the court.

You've removed the amounts but they can only claim £50 max for legal costs

If a loading bay then it was probably a forbidding sign and no contract created.


Hi, thanks for your reply. Driver has just revisited the area and it seems as though the PCN is valid as did enter the car park area. BW legal have added £110 for solicitors fees is this not allowed? Driver is thinking to pay just to get it all over and done with but obviously, want to pay the bare minimum. Was hoping it would go away like it has done in the past but have realised theyre getting a bit tougher on cracking down non payers.

This post has been edited by Beeze92: Tue, 29 Jan 2019 - 12:58
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Redivi
post Tue, 29 Jan 2019 - 12:40
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£50 to issue the claim is allowed

£60 "Initial legal costs" is not

Stop identifying the driver
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nosferatu1001
post Tue, 29 Jan 2019 - 12:57
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Inded, youve been told what to do, and frankly if you dont want to defend this - when its utterly winnable - then make your own offer to them
But throwing away a CLEAR defence point, by identifying the driver, isnt going to help you!
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ostell
post Tue, 29 Jan 2019 - 15:41
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So give us some details to work with !! The original PCN, hopefully the signs in place or give us a location for google maps so we can look.

AND EDIT AS REQUESTED. Otherwise you will be snatching defeat out of the jaws of victory. The driver parked, the keeper received the PCN and has done everything else.

This post has been edited by ostell: Tue, 29 Jan 2019 - 15:41
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cabbyman
post Tue, 29 Jan 2019 - 18:45
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QUOTE (cabbyman @ Mon, 28 Jan 2019 - 16:05) *
Was this a waterside location?



--------------------
Cabbyman 11 PPCs 0
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Beeze92
post Wed, 30 Jan 2019 - 13:50
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QUOTE (cabbyman @ Tue, 29 Jan 2019 - 18:45) *
QUOTE (cabbyman @ Mon, 28 Jan 2019 - 16:05) *
Was this a waterside location?



Sorry, was a town centre hotel.
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Beeze92
post Wed, 30 Jan 2019 - 14:08
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QUOTE (ostell @ Tue, 29 Jan 2019 - 15:41) *
So give us some details to work with !! The original PCN, hopefully the signs in place or give us a location for google maps so we can look.

AND EDIT AS REQUESTED. Otherwise you will be snatching defeat out of the jaws of victory. The driver parked, the keeper received the PCN and has done everything else.


Hi guys,

Sorry for the delay. The incident occurred 2 years ago. The driver was looking for the original PCN but seems to be misplaced. The car park does not appear on street view either but here is a link to the location:

https://www.google.com/maps/@51.7269945,0.4...3312!8i6656

Would it help if the driver revisits the site and takes some pictures?

Thanks
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ostell
post Wed, 30 Jan 2019 - 14:59
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Usually helps to have photos.
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Beeze92
post Fri, 1 Feb 2019 - 02:40
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QUOTE (ostell @ Wed, 30 Jan 2019 - 14:59) *
Usually helps to have photos.


Please see below




Thanks!

This post has been edited by Beeze92: Fri, 1 Feb 2019 - 02:43
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ostell
post Fri, 1 Feb 2019 - 09:15
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So a SAR to Britannia requesting everything. First class, free certificate of posting. Here's a template

Letter to BWL demanding all the documents that they intend to rely on in court. As the they should have these documents to hand in order to perform due diligence before issuing the claim then you expect to receive these documents within 7 days. Here's a sort of guide to the situation.
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Beeze92
post Mon, 4 Feb 2019 - 13:32
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QUOTE (ostell @ Fri, 1 Feb 2019 - 09:15) *
So a SAR to Britannia requesting everything. First class, free certificate of posting. Here's a template

Letter to BWL demanding all the documents that they intend to rely on in court. As the they should have these documents to hand in order to perform due diligence before issuing the claim then you expect to receive these documents within 7 days. Here's a sort of guide to the situation.

Thank you ostell, with regards to the inspection of documents it states that only documents listed on the can be requested. I have attached the claim form that was received by the keeper today but there is no mention of these documents?
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nosferatu1001
post Mon, 4 Feb 2019 - 13:52
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I have no idea what list you are referring to, or even which document request type (to BW or to the PPC) you are referring to, so it doesnt help matters.
Be
Precise smile.gif

THAT IS NOT A CLAIM FORM
It is a notice that they HAVE issued a claim form

SHockingly enough on THEIR doucment they dont help you. Its almost like they are scum....

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Beeze92
post Mon, 4 Feb 2019 - 13:58
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QUOTE (nosferatu1001 @ Mon, 4 Feb 2019 - 13:52) *
I have no idea what list you are referring to, or even which document request type (to BW or to the PPC) you are referring to, so it doesnt help matters.
Be
Precise smile.gif

THAT IS NOT A CLAIM FORM
It is a notice that they HAVE issued a claim form

SHockingly enough on THEIR doucment they dont help you. Its almost like they are scum....


Sorry, the document request to BW(CPR31.14 request)

NB: ONLY LIST HERE DOCUMENTS THAT ARE MENTIONED IN THE PARTICULARS OF CLAIM ON THE FRONT OF THE CLAIM FORM – eg. IF THEY DON’T MENTION ‘ DEFAULT NOTICE’ YOU CANNOT ASK FOR IT UNDER CPR 31.14, IF THEY MENTION CONTRACT rather than AGREEMENT – ask for the CONTRACT…IF IN DOUBT TYPE OUT THE PARTICULARS OF CLAIM AND ASK ON THE FORUM.( and remove this paragraph too!!!!)
for EXAMPLE
1. Agreement / Contract
2. Default Notice
3. Assignment
4. Formal Demand

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nosferatu1001
post Mon, 4 Feb 2019 - 14:13
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CPR31.14 does not apply in the small claims track
Ask for all documents that apply to your circumstance, such as copies of hte supposed contract between PPC and driver (the signs), a plan of where those signs are, duly dated and signed, a copy of the contract between landholder and PPC, showing they have autority to offer contracts in their own name and to pursue them to court that complies with their trade bodies Code of Practice.

You dont yet have a PoC.
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Beeze92
post Tue, 5 Feb 2019 - 01:10
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QUOTE (nosferatu1001 @ Mon, 4 Feb 2019 - 14:13) *
CPR31.14 does not apply in the small claims track
Ask for all documents that apply to your circumstance, such as copies of hte supposed contract between PPC and driver (the signs), a plan of where those signs are, duly dated and signed, a copy of the contract between landholder and PPC, showing they have autority to offer contracts in their own name and to pursue them to court that complies with their trade bodies Code of Practice.

You dont yet have a PoC.


Thank you very much! Can this be done via email or does it have to be written?

Thanks
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nosferatu1001
post Tue, 5 Feb 2019 - 09:14
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I'm concerned that it is 10 days and you STILL dont have the claim form

You MUST ring the CCBC, using the CLAIM NUMBER you left in that letter, and see what they say.
Remember - the keeper is the one defending. THe driver 2 years or so ago does NOTHING.
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