Britannia Parking / BW Legal Claim Form

michelle95

nosferatu1001 wrote: »

"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.

Ok, I will change that

nosferatu1001

Bear in mind, you need legal argument: rationale

You dont put a narrative down. Thats saved for the witness statement.
So it owuld be - the vehcle weas never at.. linstead it was... if you are contending the vhicle was not at the place specifed.

Coupon-mad

Where is the usual point about landowner authority (look at bargepole's other one).

Obviously remove the forum glitches:

!!!8220;

And this

The Defendant had purchased a valid ticket to be parked in that bay.

contradicts this, because the words above blow this point out of the water:

4. The Protection of Freedom Act 2012 Schedule 4 has not been complied with. The registered keeper has not been proven as the driver,

kennyswife

* NEWBIE*
Hi Michelle,
Did you send this as your defence ?
I ask because I am in a very similar situation. PNC issued by ANPR no ticket purchased (The driver thought the car park was free on sunday)
May i use it please?

Coupon-mad

kennyswife wrote: »

* NEWBIE*
Hi Michelle,
Did you send this as your defence ?
I ask because I am in a very similar situation. PNC issued by ANPR no ticket purchased (The driver thought the car park was free on sunday)
May i use it please?

You need to read the NEWBIES thread. You might not even have a claim form for all we know, and this is Michelle's thread only, with a defence to her court claim only.

Please read the NEWBIES thread and suss which stage you are at, and what to do. If you are only at first appeal stage it's not a defence needed, it's the appeal shown in the first post of the sticky thread.

See my signature (BELOW) for where to click (no looking at this forum on a phone!).

AND NO FURTHER REPLY HERE PLEASE - YOU ARE HIJACKING THIS THREAD!

michelle95

I have not sent my defence yet as I wanted to get feedback.
Thanks for helping, will make those changes.

michelle95

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. 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.

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. Not only are such costs not permitted (CPR 27.14) but the Defendant believes that the Claimant has not incurred legal costs.

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!
Signatures
Date


Is this a good enough defence? I am unsure what else to put.
Thanks

michelle95

Also, what does this statement mean? Is it needed in my defence?

The Claimant is put to strict proof that it has sufficient proprietary interest in the land, or that it has the necessary authorisation from the landowner to issue parking charge notices, and to pursue payment by means of litigation.

michelle95

Sorry, last thing. I received a letter on the 25th Feb from bw legal saying: NOTICE OF PENDING COUNTY COURT JUDGEMENT. It states if I do not respond or contact them, they will enter a CCJ against me after 10th March, and if a CCJ is enters it will remain for 6 years. Also, it says about a bailiff visiting the home. Do I need to worry about this?

I keep having phone calls from bw legal (few times a day), I haven't took the calls due to work, so not sure what they want exactly. Do I just ignore them?
I will be submitting my defence before the deadline on Monday 4th March.

KeithP

michelle95 wrote: »

Do I need to worry about this?

Only if you fail to file your Defence in time.

michelle95 wrote: »

I keep having phone calls from bw legal (few times a day), I haven't took the calls due to work, so not sure what they want exactly. Do I just ignore them?

Block their number.
Surely you know by now never to speak to them?

michelle95 wrote: »

I will be submitting my defence before the deadline on Monday 4th March.

That's good to hear.


I'll not bother answering your question in post #29.
It's in English. Google words or phrases you are having difficulty with.