Napier Parking - BW Legal Defence Paragraph

barge09

Thanks for all the information on the Newbie thread - it has been very helpful and has made me feel comfortable to challenge further! After 18 months of silence from BW Legal I have had a claim form through for a PCN issued 2 years ago, I have filed an AOS with the dates below:

Claim Issued: 03/07/2025
AOS Submitted: 07/07/2025

Am I right to suggest this means I have until 5th August 2025 to submit my defence?

I have copied the latest template which was updated today and prior to emailing I was hoping for feedback/opinion on my paragraph 3 before submitting on MCOL:

3.  Referring to the POC, the Defendant did not breach any terms and conditions displayed when they parked the vehicle at the Trackside car park, MK9 1LA. The Defendant purchased a parking ticket for £10.20 which covered a day of parking via the RingGo app following signs where the car was parked. 

3.1 On receiving a PCN from Napier Parking Ltd, the defendant shared the proof of their parking ticket only to be told it was not for the car park the car was parked in. The signage provided at the car park is completely unclear, there were no visible markings to state entry into a different section with different payment requirements. There would be no reason for the Defendant to pay for a different car park location, unless they thought the car was parked in the location. Napier Parking then waited two years to file this Claim

Thank you in advance and really appreciate all the efforts put into these forums to help people like me. 

Coupon-mad

Yep looks good. Glad you found the 'new' new template! I'm on holiday right now.

Le_Kirk

You don't email it, @Coupon-mad has reduced it in size so that it fits in the MCOL defence box.  Don't use <> or " but you can use '

barge09

Thank you, I have submitted via MCOL 

barge09

I submitted my defence to MCOL and it was noted as received on 21st July. I have had a 'Notice of Intention to Proceed' from BW Legal which I will ignore as per the defence thread.

However, would you be able to confirm if I will receive the Directions Questionnaire via email? I am checking everyday (including spam) so I don't miss it and wanted to check that is what will happen?

Gr1pr

Post, not email 

Mcol claim history is your current progress indicator

Coupon-mad

No. Everything from court or the CNBC always arrives by post. Stop checking your emails. Just check MCOL regularly to see when it's posted.

Whole it is quiet, PLEASE join us and do the Public Consultation; it is worth it.

barge09

I'm due to submit my witness statement but before I do, how different to the defence should it be?

Would you be able to advise what case studies I should refer to for my case? I paid for a ticket but there were two car parks next to each other which isn't clear, so the ticket I purchase is for the space the other side of the curb.

Thanks in advance, deadline is Tuesday so any help would be appreciated

barge09

https://forums.moneysavingexpert.com/discussion/comment/81969870#Comment_81969870

Please ignore this comment, I will share the witness statement instead using the same information I used in my defence. (sorry didn't know how to delete the comment)

barge09

If signs in the area have changed since the time of parking (the ticket is for 2023), do I call this out? I have evidence on Google Maps dated Sept 2024 and images I have taken in 2026 (from returning to the car park for this hearing) being different. It is impossible to know what this would have been at the time of parking.

Coupon-mad

Yes you call it out in your WS.

The WS by @JackR1 includes HHJ Moloney's transcript from the ParkingEye v Beavis first hearing. You need that.