BW Legal Claim / Parking in my space

jon_1827

I have court claim from BW Legal. Before I start with the template could someone advise what I should include in it?

1. It was my car, parked in a space which I own (leaseholder). I've checked my lease and can see nothing relating to parking conditions, nor any clear way for the conditions to be varied and in any case I haven't received a variation notice from the lessor/management agent. From a quick read of the forum I didn't see the text to use for this on the defence statement?
2. I believe the car had been parked around 6 months before the tickets were issued and not moved since, not sure who drove it there - either me or my brother.
3. Two tickets were issued a couple of weeks apart, the car had not been moved in that time. Is there an argument this should mean a single offence so single ticket?
4. A parking permit was on display. Ticket issued as they said it had expired. Permit does not have a valid from/to date, just an issue date and number so appears it doesn't expire. Also permit would have been valid (unexpired) when car parked. No references to expiry on signs or ticket reverse. Should I include this argument?
5. After receiving the tickets I appealed with the issuer, this wasn't researched and just said words to the effect "I am the legal owner of the parking space and you do not have my permission to issue parking tickets. Please provide evidence of your legal right to be able to do so". One they ignored, the other they simply replied "invalid permit". Is this worth including?
6. They've added recovery costs of £120 (I guess £60 per ticket). Plus interest at 8%.
7. They've supplied no real evidence, just a statement that I breached the contract, along with the dates. Actual breach details, parking space numbers, photos etc not included. I have the photos they supplied when ticket was issued and emails from them regarding appeals but not tickets themselves.

Any help greatly appreciated.

Half_way

Point 4 why do you need a permit - its your space the parking company has no right to it.

Have you got onto the managemetn company and told them to instruct their agents to cease and desist?

Half_way

Also what is the parking company?

jon_1827

Parking company is Premier Park.

I haven't spoken with management company about it recently, probably 5 years ago - they seemed to think it was all fine.

And whilst I agree about not needing a permit, it's the easiest way of avoiding all the hassle of dealing with them, tickets and the courts.

Half_way

You must get the managemetn company involved in this

 Also from your above statement it appears you are aware of some of the issues - so the key phrase is you have only been displaying a permit as a courtesy

jon_1827

In what way should I involve the management company? Should I point out that the lease doesn't allow this and ask them for the legal chain that gives them and the parking company the right to issue tickets? Or something else?

Half_way

The managemetn company will have allowed the parking company to operate.

 the management company are at the heart of this issue

the management company are responsible for the actions of their agents.

This is your space - you have primacy of contract ( derogation of grant) a third party - such as a parking company can not come along and take these rights away, and the management company has no rights to impose such on residents. any signs and/or permits are meaningless drivel .

As this is your space you could reasonably argue that the management company through its agents have accessed your data without just cause, and breached GDPR.

With "own space" issues its important to take action against the management company

Another quick, all be it minor question: Was this parking company present when you moved in?

jon_1827

Yes - I moved in summer of 2017 and tickets issued early 2018. Same parking company all of that time.

KeithP

jon_1827 said:

I have court claim from BW Legal...

Please tell us the Issue Date on your County Court Claim Form.

jon_1827

KeithP said:

jon_1827 said:

I have court claim from BW Legal...

Please tell us the Issue Date on your County Court Claim Form.

Issue date is 6th December. I acknowledged online on 19th December.

I've also sent an email to the management company, will see what they say.

KeithP

jon_1827 said:

KeithP said:

jon_1827 said:

I have court claim from BW Legal...

Please tell us the Issue Date on your County Court Claim Form.

Issue date is 6th December. I acknowledged online on 19th December.

With a Claim Issue Date of 6th December, and having filed an Acknowledgment of Service in a timely manner, you have until 4pm on Monday 10th January 2022 to file your Defence.

That's nearly three weeks away. Plenty of time to produce a Defence, but please don't leave it to the last minute.

To create a Defence, and then file a Defence by email, look at the second post in the NEWBIES thread.

Don't miss the deadline for filing a Defence.

Do not try and file a Defence via the MoneyClaimOnline website. Once an Acknowledgment of Service has been filed, the MCOL website should be treated as 'read only'.