Britannia Parking / BW Legal Claim Form

michelle95

Hi,
When can I find help with my defence letter? I'm really struggling to put one together.
I have read the templates on the newbies thread, however I cannot seem to find one with the same reason as mine which is 'failed to make a valid payment'.
Any help will be appreciated, thank you
Michelle

AnotherVoice

Mine is also a 'failed to make valid payment' thread.
https://forums.moneysavingexpert.com/discussion/5940970/lbc-bw-legal-britannia-parking&page=3#topofpage

I am also at the writing defence stage.

From what i have gathered from my brief time on the forum, it is not in your interest to admit being the driver.

The burden of proof remains on Britannia and BWL to ensure they have followed the correct procedures in terms of Notice to Driver (the ticket on your windscreen), Notice to Keeper, (notice through the post) then requesting your details from the DVLA in the correct manner and inside the right timescale.

You may want to review this, http://www.legislation.gov.uk/ukpga/2012/9/schedule/4/enacted

The other thing i am starting to see is that the 'reason' for the claim is largely irrelevant, the whole process is based on contract law. The contract is based on your parking and by doing so, supposedly accepting their terms. You breach the terms by failing to adhere to the terms (ie not paying, not leaving on time, not parking in the right place) therefore you owe the penalty.

However, they have to prove their terms actually are binding, which it seems a lot of the time they are not, for various reasons.

You can also it seems get most of the charges dropped as they are just adding them on the off chance you pay before going to court.

Umkomaas

michelle95 wrote: »

Hi,
When can I find help with my defence letter? I'm really struggling to put one together.
I have read the templates on the newbies thread, however I cannot seem to find one with the same reason as mine which is 'failed to make a valid payment'.
Any help will be appreciated, thank you
Michelle

NEWBIES FAQ sticky, post #2, seek out the example provided by legally qualified and expert forum contributor bargepole. Use that as the framework for drafting your own version.

There's unlikely to be a defence that absolutely matches your case - don't chase shadows looking for one.

Coupon-mad

The place to look at ALL stages for you Michelle, is the NEWBIES thread post #2.

Please DO NOT reply saying it's too complicated or you can't find a relevant defence. Yes, you can, and the sticky thread is there to help you.

michelle95

When re-reading through the NEWBIES Thread. Should I have asked Britannia Parking for a Subject Access Request (SAR)? Will it go against that I haven't done this?

Umkomaas

michelle95 wrote: »

When re-reading through the NEWBIES Thread. Should I have asked Britannia Parking for a Subject Access Request (SAR)? Will it go against that I haven't done this?

It won't go against you, but it might help to see all the data they have on you. Send it now.

It's more relevant to helping you com0lete your Witness Statement - which is a bit further on in the process.

Britannia have 1 month to furnish you all the personal details they hold about you and your vehicle's VRM.

michelle95

I used bargepole's defence as a template, altering and adding bits if needed. Is this allowed and does this look ok?
Thanks

In the County Court Business Centre, Northampton
Claim No.: XXXXX
Between:

XXXXX (Claimant)

and

XXXXX (Defendant)
________________________________________
DEFENCE
________________________________________

1. The Defendant denies that the Claimant is entitled to relief in the sum claimed, or at all.

2. The Claim relates to an alleged debt arising from the driver's ‘failure to make a valid payment’, when parked in an allocated bay at Poole- Quayside (ANPR) Car Park on 2nd June 2017. The Defendant had purchased a valid ticket to be parked in that bay.

3. The Particulars of Claim state that the Defendant !!!8220; was the registered keeper and/or the driver of the vehicle(s)!!!8221;. These assertions indicate that the Claimant has failed to identify a Cause of Action, and is simply offering a menu of choices. As such, the Claim fails to comply with Civil Procedure Rule 16.4, or with Civil Practice Direction 16, paras. 7.3 to 7.5. Further, the particulars of the claim do not meet the requirements of Practice Direction 16 7.5 as there is nothing which specifies how the terms were breached.

4. The Protection of Freedom Act 2012 Schedule 4 has not been complied with. The registered keeper has not been proven as the driver, as such the keeper can only be held liable if the claimant has fully complied with the strict requirements.

5. The allegation appears to be that the ‘no valid payment was made’ based on images by their ANPR camera at the entrance and exit to the site. This is merely an image of the vehicle in transit and is not evidence of a contravention or failure to make payment.

6. Due to the sparseness of the particulars, it is unclear as to what legal basis the claim is brought, whether for breach of contract, contractual liability, or trespass. However, it is denied that the Defendant, or any driver of the vehicle, entered into any contractual agreement with the Claimant, whether express, implied, or by conduct.

7. The Protection of Freedoms Act 2012, Schedule 4, at Section 4(5) states that the maximum sum that may be recovered from the keeper is the charge stated on the Notice to Keeper, in this case £100. The claim includes an additional £60, for which no calculation or explanation is given, and which appears to be an attempt at double recovery.

8. In summary, it is the Defendant's position that the claim discloses no cause of action, is without merit, and has no real prospect of success. Accordingly, the Court is invited to strike out the claim of its own initiative, using its case management powers pursuant to CPR 3.4.

I believe the facts contained in this Defence are true.

Name
Signature
Date

Le_Kirk

Your points 6 & 8 are the same. I think you need to expand on the last sentence in your point 5. What facts and evidence? Also should it be: -

transit and is not evidence

nosferatu1001

"facts and evidence" is a horrible phrase

You cannot have "furthermore" and introduce something entirely unrelated.
Make it absolutely specific and clear as to what you allege happened instead of what they claim.

michelle95

Le_Kirk wrote: »

Your points 6 & 8 are the same. I think you need to expand on the last sentence in your point 5. What facts and evidence? Also should it be: -

Oh yes I did not see they were the same, thank you.