Received 15 parking tickets, now pursued by BW Legal

Itachi2kg

How does my part 1,2 and 3 look after the edits? of course I will add the rest of the template by couponmad 

1.       The Defendant denies that the Claimant is entitled to relief in the sum claimed, or at all.  It is denied that a contract was entered into - by conduct or otherwise - whereby it was ‘agreed’ to pay a ‘parking charge’ and it is denied that this Claimant (understood to have a bare licence as managers) has standing to sue, nor to form contracts in their own name at the location.

 

The facts as known to the Defendant:

2.       It is admitted that the Defendant was the registered keeper and driver of the vehicle in question. 

 

3: Signs in this car park are not prominent, clear or legible from all parking spaces. Furthermore, there is no marked parking bay at the location nor boundary of the venue

 

BPA’s Code of Practice (18.2) states:

“Entrance signs play an important part in establishing a parking contract and

deterring trespassers. Therefore, as well as the signs you must have telling

drivers about the terms and conditions for parking, you must also have a

standard form of entrance sign at the entrance to the parking area. Entrance

signs must tell drivers that the car park is managed and that there are terms and

conditions they must be aware of.”

BPA’s Code of Practice (18.3) states:

“Signs must be conspicuous and legible, and written in intelligible language, so

that they are easy to see, read and understand.”

BPA’s Code of Practice (Appendix states:

“If you think there are other circumstances where it is impractical or undesirable

to have an entrance sign, you must tell us in advance and get our approval to

amend the sign or not have one.”

“Signs should be readable and understandable at all times, including during

the hours of darkness or at dusk if and when parking enforcement activity takes

place at those times. This can be achieved in a variety of ways such as by direct

lighting or by using the lighting for the parking area. If the sign itself is not directly

or indirectly lit, we suggest that it should be made of a retro-reflective material”

 

If I was to describe the signage closest to where I parked, I would say that there is no way anyone say its even reasonably visible as the sign is laying of the floor, not mounted on the pole (noticed this after going back to look for the signage after receiving the PCNs) This is clearly breaching BPA’s code of practise as it isn’t put up high enough to been seen, it is clearly not “easy to see”

 

 

The 2nd closest sign to where I was parked sign was almost covered up by a surrounding bush and is also put up extremely low for it to be called “easy to see” from the angle I parked, the sign isn’t actually visible as the bush as consumed the sides of it, blocking the view, again I only noticed it after investigating signage after the PCNs were sent

 

 

I would like to add that I have parked in this car park for the past 12 years as I’m small local business owner in this area and I have purchased a ticket every single day. But since the beginning of 2020 (still on going)  there are major works due to a college being built opposite this car park, and before the time of the alleged parking breaches, this car park was not being monitored and was assumed to be closed by everyone in the area, workers of the area and visitors alike. The trades people working on the college build were using it to keep their building materials and one of the people said to me that it was okay to park here without a ticket (ticket machine was removed at this time) until the college is built as it won’t be monitored until then. But then without any notices to local business owners like myself or the public, also poor signage, Britannia Parking took control of the car park and started dishing multiple parking notices

KeithP

Is para 1 a direct copy from the template or have you edited it?

All that stuff that is not bold following your para 3 should be in your Witness Statement, not in your Defence. There is no legal argument there. Even if it was right to be in your Defence, a Defence is written in the third person.

Itachi2kg

KeithP said:

Is para1 a direct copy from the template or have you edited it?

All that stuff that is not bold following your para 3 should be in your Witness Statement, not in your Defence. There is no legal argument there. Even if it was right to be in your Defence, a Defence is written in the third person.

Yes paragraph 1 is a direct copy, sorry just realised I need to edit that

So no need of the non bold in paragraph 3, only the main point?

KeithP

Itachi2kg said:

KeithP said:

Is para1 a direct copy from the template or have you edited it?

All that stuff that is not bold following your para 3 should be in your Witness Statement, not in your Defence. There is no legal argument there. Even if it was right to be in your Defence, a Defence is written in the third person.

Yes paragraph 1 is a direct copy, sorry just realised I need to edit that

No, you don't need to edit para 1.
I asked if you had edited it simply because you had included it above when others had already told you just to show us the paragraphs that you have changed.

blackdog2220

in your origional posting you stated that car park had wardon for XX yrs , but he disapeared and cameras arrived 

was  there clear notice (signage) that new syystem in place , and as this was anpr , by what method where they taking paymernts ?

or did they just install camera,s , send letters and get £100 a pop 
how where other people paying?

Itachi2kg

KeithP said:

Itachi2kg said:

KeithP said:

Is para1 a direct copy from the template or have you edited it?

All that stuff that is not bold following your para 3 should be in your Witness Statement, not in your Defence. There is no legal argument there. Even if it was right to be in your Defence, a Defence is written in the third person.

Yes paragraph 1 is a direct copy, sorry just realised I need to edit that

No, you don't need to edit para 1.
I asked if you had edited it simply because you had included it above when others had already told you just to show us the paragraphs that you have changed.

1.       The Defendant denies that the Claimant is entitled to relief in the sum claimed, or at all.  It is denied that a contract was entered into - by conduct or otherwise - whereby it was ‘agreed’ to pay a ‘parking charge’ and it is denied that this Claimant (understood to have a bare licence as managers) has standing to sue, nor to form contracts in their own name at the location.

 

The facts as known to the Defendant:

2.       It is admitted that the Defendant was the registered keeper and driver of the vehicle in question. 

 

3: Signs in this car park are not prominent, clear or legible from all parking spaces, the sign closest to my parking space wasn’t even mounted and was on the floor

How does this look now? this is how I would send it after adding all the over points by couponmad

I understand now that the arguments and evidence will come after

Itachi2kg

blackdog2220 said:

in your origional posting you stated that car park had wardon for XX yrs , but he disapeared and cameras arrived 

was  there clear notice (signage) that new syystem in place , and as this was anpr , by what method where they taking paymernts ?

or did they just install camera,s , send letters and get £100 a pop 
how where other people paying?

The new signage was introduced slowly and definitely after my offences, if you look at the 2 photos i uploaded of the signage closest to my parking spot, they're the old signs, taken a month or so after i received the PCNs

I am still using this car park as its closest to my restaurant, but the signs are very clear now (months later) 

blackdog2220

ok the bpa made strict statment about changes in car parks and WARNING notices 

sounds like smart are extracting from the BPA again , especially if you have photos 

Coupon-mad

The name of the Claimant is not just 'Britannia Parking Group' is it, and I hope you have removed their address from the heading now?

Le_Kirk

Signs in this car park are not prominent, clear or legible from all parking spaces, the sign closest to my parking space wasn’t even mounted and was on the floor

Defences are written in the third person so "my" is wrong, use "the space where the defendant's car was parked"