BW Legal Court Claim

Foxy1234

Good evening everyone,

I’ve been reading up on this forum for the past few weeks and trying to follow the advice given by the experts as much as possible. I think i’m in a position where i’m pretty happy with my defence and was wondering if one of you lovely people could take a look and let me know if it’s any good or whether there’s any changes you’d recommend to help fight these cowboys please?

Here’s a bit of background:

I received a parking charge notice back in March 2018 after my vehicle was photographed by an ANPR camera entering and leaving a small car park after allegedly ‘‘parked longer than the maximum time permitted’ at 10.30pm.

The images on the parking charge notice were unclear did not clearly show the registration number of the vehicle.

On the rather unhelpful advice from colleagues, i ignored the initial letter and the months of various threatening letters before receiving the letter before claim. I sent BW Legal and Britannia a SAR and also responded to BW Legal to ask for clear evidence of the alleged contravention.

However I received a claim form dated 21st February a few days ago and I have submitted the AOS and am now finalising my defence.

It’s all rather stressful but i am determined to fight this as i genuinely believe these awful companies should not be allowed to treat people the way they do and get away with it.

If anyone can help with the best way to defend this, i would very much appreciate it. I’ve read up a lot and think I know how i should be setting it out but just want to make sure that i’ve drafted the best defence i can.

Thank you!

ShakeItOff

Welcome!

Yes, please do! You'll see from the NEWBIES post 2 that there are key themes in the defences on there, so you will definitely want to be pulling them into your defence too (signage, ANPR issues, contractual issues, landowner authority etc).

KeithP

Foxy1234 wrote: »

I received a claim form dated 21st February a few days ago and I have submitted the AOS...

With a Claim Issue Date of 21st February, and having done the Acknowledgement of Service in a timely manner, you have until 4pm on Tuesday 26th March 2019 to file your Defence.

That's over two weeks away. Loads of time to produce a good Defence, but don't leave it to the very last minute.


When you are happy with the content, your Defence should be filed via email as suggested here:

Print your Defence.
1. Sign it and date it.
   
2. Scan the signed document back in and save it as a pdf.
   
3. Send that pdf as an email attachment to CCBCAQ@Justice.gov.uk
   
4. Just put the claim number and the word Defence in the email title, and in the body of the email something like 'Please find my Defence attached'.
   
5. Log into MCOL after a few days to see if the Claim is marked "defended". If not chase the CCBC until it is.
   
6. Do not be surprised to receive a copy of the Claimant's Directions Questionnaire, they are just trying to put you under pressure.
   
7. Wait for your DQ from the CCBC, or download one from the internet, and then re-read post #2 of the NEWBIES FAQ sticky thread to find out exactly what to do with it.

Foxy1234

Thank you both for the speedy replies and useful info. Will just give my defence draft another quick cross reference against the newbies post and then will share on here for your views. Thanks again, really appreciate your help.

Coupon-mad

I received a parking charge notice back in March 2018 after my vehicle was photographed by an ANPR camera entering and leaving a small car park after allegedly ‘‘parked longer than the maximum time permitted’ at 10.30pm.

I really want people to cover their numberplates.

In future, DO NOT provide your data (VRN).

When back on street you have to, but nothing stops a carrier bag covering the numberplate on private land. Just don't play their game, no accepting the contract, no giving them the easy image.

Foxy1234

What a genius idea! Wish i'd done that before! :rotfl:

Foxy1234

Ok, here goes! I've spent hours and hours reading through the newbies thread for defence examples and have weaved in the key themes where relevant. The only bit i'm unsure whether to include is point 5.1 where i quote the BPO guidelines on the images. Let me know if this is unnecessary at this stage. Would welcome your feedback if you wouldn't mind taking a look for me please. Thanks millions

Issue Date of Claim: 21/02/2019

IN THE COUNTY COURT

CLAIM No: CXXXXXX

BETWEEN:

BRITANNIA PARKING (Claimant)

-and-

XXXX XXXXXX (Defendant)

________________________________________
DEFENCE
________________________________________

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

2. The facts of the matter are that the vehicle, registration XXXX, of which the Defendant is the registered keeper, allegedly ‘parked longer than the maximum time permitted’ however at the alleged time of contravention, the car park was in total darkness during adverse weather conditions. Ambient light from the nearby street lamps do not provide sufficient light to see the signs in and around the carpark.

3. Further and in the alternative, it is denied that the claimant's signage sets out the terms in a sufficiently clear manner which would be capable of binding any reasonable person reading them.

4. The terms on the Claimant's signage are also displayed in a font which is too small to be read from a passing vehicle, and is in such a position that anyone attempting to read the tiny font would be unable to do so easily. It is, therefore, denied that the Claimant's signage is capable of creating a legally binding contract.

5. The allegation appears to be that the ‘parked longer than the maximum time permitted’ 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.

5.1. The BPA Code of Practice point 20.5a stipulates that:

" When issuing a parking charge notice you may use photographs as evidence that a vehicle was parked in an unauthorised way. The photographs must refer to and confirm the incident which you claim was unauthorised. A date and time stamp should be included on the photograph. All photographs used for evidence should be clear and legible and must not be retouched or digitally altered "

The images supplied by their ANPR camera are grainy and unclear and do not show clearly, without reasonable doubt, that the vehicle shown has the registration number XXXXXX as is alleged.

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.

7.1 The Defendant puts the Claimant to strict proof that all claimed costs were invoiced and paid. The defendant also asks why they waited nearly 1 year to bring this to court and why they believe their own negligence and delay should earn a Claimant 8% interest, to the imbalance of a consumer's rights and interests.

8. For the reasons stated above, the Court is invited to dismiss this Claim in its entirety, and to award the Defendant such witness costs for attendance at trial as are permissible pursuant to CPR 27.14.

Statement of Truth

I believe that the facts stated in this Defence are true.

Name
Signature
Date

Coupon-mad

If you are going to quote the BPA CoP, then also quote the bit about enforcement in the hours of darkness and how clear the terms must be (not unlit!).

And add in the usual defence point about no landowner authority.

Foxy1234

Fab, thanks Coupon-mad, will do!

Let's do this

Newbatron

Hi foxy, having read your thread I am in the exact same situation with BW Legal. I've received the claim form and have just submitted my AoS. I'm a bit lost in the newbie posts but believe I have grounds to defend given I haven't ever received the PCN.

I'll follow the steps stated by Keithp in the next 10 days however could you share the final copy of your defence letter. It would save me a lot of time and worry if you could use yours as a template😁

Thanks for your help.

Coupon-mad

Why not use bargepole's as a template, that's why it's in the NEWBIES thread.