BW Legal Claim Form Via County Court Business Centre please help?

Coupon-mad

Yes we've seen that several times before.  You could have just searched the forum for some keywords from it.  Discussed lots of times.

  

Manjaik

Is this what they always say ? 

Mikeh2001

Manjaik said:

Is this what they always say ? 

I dont think you an apply an "always" statement here.  Each case its unique point but as per the previous comment - it's not unheard of.

You have a strong defence and now you need to back that up with a witness statement and evidence.  That includes providing facts and evidence that state your sequence of events refuting the points in the claimants witness statement. In the document from the court it clearly outlines which dates you need to hit - don't miss them!

You will find some examples of this litigator  failing/giving up trying to extort money from innocent parties. 

https://forums.moneysavingexpert.com/discussion/6437433/edit-case-dismissed-bw-legal-p-pm-ltd/p2

https://forums.moneysavingexpert.com/discussion/6371457/county-court-claim-form-britannia-parking-bw-legal/p9

You will find other examples of witness statements refuting exactly type of claim if you search the forum if you cant find what you are looking for in the newbie thread.

Coupon-mad

Manjaik said:

Is this what they always say ? 

Why not just do the keyword search I suggested and find ones that match the exact template WS you got?  You'll learn so much more by searching for threads like yours.

Harvez63

I laughed when I read that in the letter they sent to me. I feel deep down it gets under their skin as they know this place will remove the pressure and help people fight their scam, yet they still have to work on their dead claim. 

Manjaik

I have got a draft prepared. Main point of argue is primacy of contract and predated Tenancy prior to their arrival here to manage parking, plus no clauses regarding parking management and permits in my AST.

Mikeh2001

You should post a redacted copy here for review if possible.  You might get some valuable feedback.

It's worth knowing that the purpose of a WS is primarily not to make new arguments.  Primary legal arguments are made in your defence.  The WS should be factual statement of events and evidence to support your defence.

Manjaik

IN THE COUNTY COURT

BETWEEN:

Countrywide Parking Management Ltd
(Claimant)

-and-

[Your Name]
(Defendant)

WITNESS STATEMENT OF [Your Name]

I, DELETED ], of DELETED  being the Defendant in this case, make this statement on my own behalf and confirm that the facts stated within are true to the best of my knowledge and belief.

1. Introduction
   I am the registered keeper of the vehicle with registration number XXXXXXwhich is the subject of the parking charge notices issued by the Claimant, Countrywide Parking Management Ltd, as represented by BWlegal.
2. Background
   I have been a resident at XXXXXXXX under an Assured Shorthold Tenancy Agreement (AST) signed on 20 September 2020. This agreement provides me with the right to occupy the flat and use the common parts of the premises, including the parking area, without the requirement to display a parking permit or adhere to the new parking management scheme unilaterally introduced by the Claimant in 2022.
3. Primacy of Contract
   My tenancy agreement predates and therefore takes precedence over any arrangement between the Claimant and the landowner or management company regarding parking enforcement on the property. There is no clause in my AST that subjects me to comply with external parking management policies introduced after the commencement of my tenancy.
4. Inflated Costs and Lack of Contractual Basis
   The Claimant has sought to enforce parking charges that are significantly inflated beyond reasonable costs associated with any alleged breach of parking terms. Moreover, there is no contractual agreement between myself and the Claimant that would obligate me to adhere to the parking conditions they have attempted to impose.
5. Absence of Signed Contracts
   There is no signed agreement between myself and the Claimant or between my landlord and the landowner authorizing the Claimant to enforce parking restrictions against residents. The unilateral imposition of such restrictions without a clear contractual basis is fundamentally flawed and unenforceable.
6. Communication and Discounted Payment Offers
   Despite the contentious nature of the parking charges, the Claimant has acknowledged the potential for resolution by offering discounted payments. This gesture suggests an acknowledgment that the full amounts claimed may not be justifiably enforced.
7. Conclusion
   In light of the above points, I respectfully request that the court dismisses the Claimant's case. The parking charge notices issued against me lack a legal basis, given my primacy of contract, the inflated nature of the claimed charges, the absence of a direct contractual relationship regarding parking enforcement, and the retrospective application of new parking management terms to my tenancy.

I believe the facts stated in this witness statement are true and are provided in support of my defence against the Claimant's claim.

Signed: _________________________

Date: _________________________

Le_Kirk

That is an outdated version of the statement of truth! Did you read any of the exemplar WSs in the NEWBIE sticky to use as examples of style and format. The purpose of a witness statement is to back up and support your defence; your WS reads more like a defence.  Where is your evidence?

Manjaik

Le_Kirk said:

That is an outdated version of the statement of truth! Did you read any of the exemplar WSs in the NEWBIE sticky to use as examples of style and format. The purpose of a witness statement is to back up and support your defence; your WS reads more like a defence.  Where is your evidence?

areyou refering to this one:
thttps://forums.moneysavingexpert.com/discussion/4816822/newbies-private-parking-ticket-old-or-new-read-these-faqs-first-thankyou#latest

FInally starting to compile something. 

MY main point of argue is primacy of contract and no written agreement between management and landlord.