Claim PCN

[Da123]

No response from Britannia so far from that.

[charitynjw]

No response from Britannia so far from that.

I'd be (pleasantly) surprised if there had been.
They don't seem to understand
-their continuing obligation to disclose evidence, especially when requested to do so.
-the whole ethos of pre & post action protocol is to try if poss to avoid a court hearing.

Them withholding info makes that virtually impossible.....& by you asking, & them refusing.....well, how is that going to look in court.

Tictacs!

[Da123]

Ok I see, that makes sense.

BW legal have now sent through and entire pack of all information they hold on myself. Its mostly just the letters and emails that have been receied and sent plus two spreadsheet outputs of my contact details and monies owed.

it would be good to start writing out my defence, need to submit start of next month online? Any ideas where to start?

[Da123]

Still no pictures of signage or driver etc

[charitynjw]

Still no pictures of signage or driver etc

They won't have sent pics of site signage via a SAR as that is not data pertaining to you. (Personal info.)

[Da123]

I guess, but it means they don't have a picture of the site signage with the driver or my car in it, so presumably that will mean they have no proof whatsoever that there is any signage, as any picture without my car or the driver is meaningless surely? Just a random picture of a sign.

[charitynjw]

I guess, but it means they don't have a picture of the site signage with the driver or my car in it, so presumably that will mean they have no proof whatsoever that there is any signage, as any picture without my car or the driver is meaningless surely? Just a random picture of a sign.

No, it just means that they don't have to send a pic of the sign, because the sign is not personal data.

They also do not need a picture showing the driver actually with the vehicle.

[Da123]

Ok I see thanks.

any ideas for what to write in my defence statement that I need to submit?

[charitynjw]

Ok I see thanks.

any ideas for what to write in my defence statement that I need to submit?

Sure.

I'll pull summat together for you.

Meantime, google the word 'laches'.

Laches is based on the legal maxim "Equity aids the vigilant, not those who slumber on their rights." Laches recognizes that a party to an action can lose evidence, witnesses, and a fair chance to defend himself or herself after the passage of time from the date the wrong was committed. If the defendant can show disadvantages because for a long time he or she relied on the fact that no lawsuit would be started, then the case should be dismissed in the interests of justice.

[charitynjw]

Btw, do you want a simple defence, or would you like to go on a counter-offensive with the 'full monty''?

[Da123]

Err I'm not sure what the difference is. I guess whatever is more likely to require me not have to pay the invoice.

[charitynjw]

Err I'm not sure what the difference is. I guess whatever is more likely to require me not have to pay the invoice.

There is never an absolute guarantee of either.

But the first will give you a good shot at getting rid of it.

The second?
Poss a chance at turning the tables, screwing some compo out of them & helping a lot of other people who may be suffering the same aggressive pursuit by these scumb....er the PPC!

Again, no guarantees.

[Da123]

I'm happy with any defence, I'm not quite sure how there's multiple options, but happy to see what you can provide with the info we've discussed.

[charitynjw]

I'm happy with any defence, I'm not quite sure how there's multiple options, but happy to see what you can provide with the info we've discussed.

Any sign of a windscreen notice to driver in the SAR response?

(I'm guessing there wasn't one,but just dotting t's & crossing i's!)

[Da123]

No windscreen notice.