Legal Defense Against Parking Charge Notice (PCN) Claim – Advice Needed

Lammy14

Hi Everyone,  

I’m looking for legal advice regarding a parking dispute where I, as the Defendant, am being sued by **Premier Parking Enforcement Ltd**. Here’s a summary of the situation, key points I’ve identified, and my intended defense. I’d appreciate feedback on whether these arguments are valid and strong enough to defend myself in court.  

 **The Incident**  

- Date: **19th December 2023**  

- Location: **12 Bridge Street, Birmingham, B1 2JS**  

- Allegation: I breached parking terms by not parking wholly within a marked bay.  

- Circumstances:  

   - A neighboring vehicle had encroached into my intended parking bay, leaving me with no choice but to park slightly outside my bay.  

   - The owner of the neighboring vehicle later returned, inspected their car, but deliberately chose not to reposition it, leaving me unable to comply with the parking terms fully.  

 **Key Defense Points**  

 1. **Misleading Terms and Conditions 

- The Claimant’s terms and conditions, presented as evidence in Exhibit GS2, state the managing company as **“Walton Wilkins trading as Premier Parking Logistics”** with an address of **759 The Big Peg, 120 Vyse Street, Birmingham, B18 6NF**.  

- However, this address does not match the government-registered address for Premier Parking Logistics, as listed on Companies House.  

- **Argument:** This discrepancy makes the terms and conditions misleading and invalid, as a clear and accurate operator identity is required for a valid contract.  

2. **Separate Legal Entities**  

- The Claimant, **Premier Parking Enforcement Ltd** (Company No. 1057340), is trying to enforce parking terms issued by **Premier Parking Logistics** (Company No. 1057274).  

- These are two distinct legal entities with different registration numbers, even though they share the same directors and registered address.  

- **Argument:**  

   - Under UK law, each company is a separate legal “person.”  

   - Without a formal assignment of rights or agency agreement, Premier Parking Enforcement Ltd cannot legally act on behalf of Premier Parking Logistics.  

   - The Claimant has not provided evidence of such authorization, making their case procedurally improper.  

 3. **Failure to Address Mitigating Circumstances

- I was forced to park slightly outside the marked bay because the neighboring car’s improper parking left no alternative.  

- The owner of that vehicle returned, acknowledged the issue, and chose not to move their car.  

- **Argument:** The circumstances made compliance impossible. Penalizing me for this is unfair, and the Claimant’s failure to intervene or maintain orderly parking undermines their enforcement rights.  

4. **Potential Misrepresentation and Bad Faith**  

- By presenting Exhibit GS2 (terms issued by Premier Parking Logistics) as evidence for a claim filed by Premier Parking Enforcement Ltd, the Claimant is acting untruthfully and in bad faith.  

- **Argument:** This could constitute an abuse of process, as they are attempting to enforce rights they do not possess.  

 **My Questions**  

1. **Misleading Address:** Is the incorrect address in the terms and conditions enough to render them invalid?  

2. **Separate Legal Entities:** Can Premier Parking Enforcement Ltd legally bring a claim based on terms issued by Premier Parking Logistics without explicit authorization?  

3. **Neighboring Vehicle Mitigation:** Does the behavior of the neighboring vehicle owner, combined with the circumstances, strengthen my defense?  

4. **Potential Outcome:** Are these points likely to convince the court to dismiss the case and potentially award me costs?  

I’d greatly appreciate any advice, case law references, or practical tips for presenting these arguments effectively in court. Thank you in advance for your insights!  

Gr1pr

Walton W, well known ex clamper, IPC AOS member as Premier Parking Logistics

I suggest that you properly redact the claim form and post a picture of it, no personal details, also post the actual name listed on the signage plus on your PCN , leaving dates visible 

I doubt that anything makes the PCN or claim "invalid" , never seen that one yet in over 12 years, its currently an unregulated industry 

Legal point - Please note that the UK English word DEFENCE has no S in it 

I doubt that 3 or 4 will be of any significance at all

Coupon-mad

We can't give legal advice but this is dead easy. Defending is easier than appealing.

Re-set your spell-check to British English because these are only words in the USA:

authorization  

Neighboring

Defense