County Court Claim Form, Britannia Parking / BW Legal

DW190

patient_dream said:

I agree with Mouse007 if the car park is covered by bye laws.

Station Map
https://www.nationalrail.co.uk/stations-and-destinations/stations-made-easy/wickford-station-plan

May be covered but may not be as the poscode covers Station Approach Road which has a large car park separate from the Station car park shown on Google

https://www.google.co.uk/maps/place/Station+Approach,+Wickford+SS11+7AT/@51.6151539,0.5188221,163m/data=!3m1!1e3!4m5!3m4!1s0x47d8c39e15051ed9:0x1d0eae2ed04848b3!8m2!3d51.6152649!4d0.5193562?hl=en

qwertyoffice

How should I amend my defence for the railway station car park then please?

KeithP

I would suggest that the car park you used is not covered by Railway Byelaws and therefore is 'relevant land' as defined by POFA.

My reasoning is -

1) there is a NCP car park right along side the railway to the North-West of the station which is almost certainly on railway land and thus 'not relevant land'.

2) the OP has a Claim from Britannia Parking Group Limited.

OP, can you confirm that you were parked in the car park between Station Avenue and Station Approach, which has two entrances on Station Avenue?

qwertyoffice

Hi Keith,

Yes, it was the car park right next to the station on Station Approach.

KeithP

qwertyoffice said:

Hi Keith,

Yes, it was the car park right next to the station on Station Approach.

The car park with two entrances off Station Avenue?

DW190

If its the one in red its railway land.  If the yellow its more than likely Not railway land going off the station image link posted above.

KeithP

DW190 said:

If its the one in red its railway land.  If the yellow its more than likely Not railway land going off the station image link posted above.

The car park you have ringed in red is 'managed' by NCP.

qwertyoffice

Sorry for the delay!

Parked in the the one circled yellow.

qwertyoffice

Can someone please advise on my defense or shall I file it as it is as do not have much time?  Thank you very much

Le_Kirk

qwertyoffice said:

I work out the deadline for filing my defense defence is tomorrow (5th of August) so not got much time!

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.The Defendant could not immediately pay for the parking ticket at the date and time of the PCN event because the only parking payment machine Pay & Display Terminal (PDT)  was out of order.  Whilst walking around the train station car park and surrounding area looking for a working PDT payment machine, by the time the defendant got back to the vehicle the Parking Charge Notice (PCN) had already been given.

Given your statement that you were looking for a working PDT, it is clear you were the driver; if this is not the case, you need to change paragraph #3.