Premier Park DEFENCE for parking fine – claim form date 17/07

Guys_Dad

Do the neighbouring block and your block have joint visitor parking bays?

You do realise that your defence states that you were not a visitor to the adjacent block and are a resident of your block?

Just be careful you are not handing them a slam dunk by admission.

sunroom

No they belong to the neighbouring flats.

I have already admitted liability as I had to write a letter and tried to tell them I only parked there because I was ill.

What should I do?

The_Deep

I would add to the pressure by getting your MP involved as nine times out of ten these tickets are scams. so consider complaining to your MP.

Parliament is well aware of the MO of these private parking companies, and on 15th March 2019 a Bill was enacted to curb the excesses of these shysters. Codes of Practice are being drawn up, an independent appeals service will be set up, and access to the DVLA's date base more rigorously policed, persistent offenders denied access to the DVLA database and unable to operate.

Hopefully life will become impossible for the worst of these scammers, but until this is done you should still complain to your MP, citing the new legislation.

http://www.legislation.gov.uk/ukpga/2019/8/contents/enacted

Just as the clampers were finally closed down, so hopefully will many of these Private Parking Companies.

sunroom

Thanks for the reply. I will contact my MP but what I am the most concerned about is submitting the strongest defence for my situation as it has to be in by 4pm tomorrow.

Someone has advised me to call BW legal and negotiate a settlement figure of £175?.. can anyone advise me further please?!

sunroom

Please may anyone give me feedback/advice/help on my defence ASAP?

NeilCr

It's probably just me but you mention the lease and yet you haven't seen a copy. Can you remember what it said?

Others will know more than me but saying "The defendant's vehicle was clearly authorised by the lease" if you don't know what's in it does seem a bit dicey - especially as this is not an "own space" case and you were out of your own car park.

Sorry. I don't want to be negative but you did ask for comment.

sunroom

Thank you - this is the exact feedback I need. I was trying to copy someone else’s defence I was advised to use. Cannot use the majority of it because I don’t have the lease and have already admitted liability!

I am completely out of my depth with this and was hoping that this forum would give me more advice to make my defence as strong as it can be.

I think I am just going to have to do away with all of this legal jargon that makes no sense to me and just come at it from an honest point of view and not get ripped to shreds in court. Hopefully the judge will have some empathy for my illness and circumstances surrounding the fact that I have never had a parking ticket despite living there for three years. It was a one off. I was ill and I should hope that I won’t need to pay the ridiculous charges they have added on. I just wish I knew this before as I would not have come this far and would have paid at the time. But I was made to believe it didn’t matter your circumstances for parking, that the company’s were working on an unjust manner and you wouldn’t need to pay the fee anyway! I was told to ignore, that’s what I did and now I am having to pay 5x what I owed! What was the point in all this? Now I’m being left without the support I felt I would receive from the helpful people who seem to have assisted and won in so many cases but have fallen silent when I need their help

Le_Kirk

Use a standard defence that you will find in the NEWBIE sticky post # 2 - but not an own space defence - making sure it has the usual landowner authority, unclear signs, fob, so therefore a de facto authorised user, leave out the bits about the lease (as it's not yours) and add, as you have done the abuse of process bits. Also add in briefly that you stopped/parked there due to illness. In your point 15 you should add "and here the defendant quotes from the cases cited" before "IT IS ORDERED" because it sounds like you are giving an instruction/order to the judge rather than quoting from a previous case.

When it comes to the Witness Statement (WS) stage, you can go into detail about the reason why you stopped/parked.

Coupon-mad

I feel that I would be eaten alive if this were to be taken to court ☹

It's far more likely the Claimant's rep will be eaten alive! Calm down. The rep I was up against last week was given short shrift by the Judge and it was quite fun.

Now I’m being left without the support I felt I would receive from the helpful people who seem to have assisted and won in so many cases but have fallen silent when I need their help

Eh? It's the summer holidays and we do this free.

Why on earth you would default to a weak defence, I have no idea.

Stop trying to throw defence points in the bin, use them as well as saying the facts abut you being ill. You have MONTHS before you have to show evidence so certainly include mention of your primacy of contract!

You MUST mention it in defence, never mind if you've seen the lease yet.

If this was a key fob site then simply use bargepole's concise defence about a key fob residential site, and add in the usual point about no proprietary interest, and the facts about you being ill, and your defence is done! I did tell you this 2 weeks ago already so not sure why you need more feedback now if this is what you did:

Surely it's very similar to the example of the concise defence about the key fob entry to a residential estate? Exactly what you described, already written to plagiarise.

No link given, it's one of bargepole's example defences in the NEWBIES thread.

All you'd need to add to that basic defence, is the longer wording I wrote in post #14 of beamerguy's Abuse of Process thread (PLEASE add paragraph numbers). Combine the two and add the usual point about 'no proprietary interest' AND YOUR OWN FACTS in para #2, and Bob's your uncle, you will have a decent first draft.

Le_Kirk

..........certainly include mention of your primacy of contract!

Wasn't sure if OP could use this as (s)he lives in the adjacent block.