BW Legal/UK Car Park Management - Claim Form

Coupon-mad

Of course you can try but hours of time are not granted in small claims, generally.

The rate to try for is £24 per hour. This is covered in every WS thread and also in post 2 of the NEWBIES thread under a shouty red capitals heading: 'IMPORTANT: KNOW WHAT HAPPENS WHEN' .. where forum advice about WS & the recommended exhibit list is.

JPCN

Hi all,

I'll be submitting my witness statement today or tomorrow. After reading one of the other witness statements, I had the idea to record a video from the driver's perspective.

I have recorded the approach and journey along Rosemont Road, Wembley HA0 4PE, and uploaded it to YouTube (unlisted). This is to demonstrate exactly what a driver sees when approaching and entering the road, particularly the visibility (or lack thereof) of any signage.

I am thinking of referring to it in my witness statement by updating the signage section as follows:

3.1. There was no clear or adequate signage indicating that the road was privately controlled or subject to contractual parking enforcement. As shown in Exhibit_JI_03 (photographs taken by me), the road contains:

1. Double yellow lines
2. A commercial supermarket (Lidl) and other units
3. Directional signage that reinforces the public or mixed-use appearance of the area

These features reinforced the reasonable impression that the road formed part of the public highway. This impression is independently corroborated by Google Street View imagery from August 2024, showing the same approach and absence of entrance signage (Exhibit_JI_04A and Exhibit_JI_04B).

In addition, Exhibit_JI_05 is a video recorded from the driver's perspective, showing the approach to and entry into Rosemont Road. The video demonstrates what a reasonably observant motorist would see when driving normally and confirms that there is no clear, prominent, or conspicuous signage at the entrance sufficient to inform drivers that they are entering land subject to contractual parking terms. The video is available at:

https://youtu.be/T-w1zr2_j2M

Do you think this is worth including, or would you make any changes?

Le_Kirk

If you do submit it, it has to be on a durable medium, e.g. a USB stick, such that it cannot be changed after submission.

JPCN

https://forums.moneysavingexpert.com/discussion/comment/82062543#Comment_82062543

Thank you for the quick response, @Le_Kirk .

I was intending to submit my witness statement and exhibits to the court and BW Legal by email.

Should I also send a physical USB stick containing the video to the court and BW Legal when I serve my witness statement, or is it sufficient to reference the YouTube link in my witness statement and have the original video available on a USB if the court requests it?

Gr1pr

You would have to submit a usb stick to both court and lawyers, and take a laptop or similar with you, which has the video on it, or on a stick with it, to play it in court

No youtube, no weblinks, physical evidence only ( even if the WS plus Exhibits bundle are in pdf format )

JPCN

hmm, bit of a pain, the court is right next to me so I can hand deliver but will have to sent it via post to the lawyers.

Having seen the video, do you think it's worth submitting and the additional effort?

Coupon-mad

Yes I think so.

Is your WS based on the one by @JackR1 with the link to HHJ Moloney's judgment in Beavis? You need that. It torpedoes the added 'debt recovery' fee.

JPCN

https://forums.moneysavingexpert.com/discussion/comment/81943576#Comment_81943576

Yes, based on your guidance, I have included this

4.2. Where signage states “No Parking” or “Restricted Area,” this constitutes a forbidding notice, not an invitation to park subject to terms. A contract cannot be formed in these circumstances. This principle was confirmed in PCM‑UK v Bull & Others (County Court, 2016) (Exhibit JI_06) and UKPC v Masterson.

4.3. In accordance with Schedule 4, paragraph 4(5) of POFA 2012, the Claimant is prohibited from recovering from the keeper any sum greater than the amount of the unpaid parking charges as they existed at the time the Notice to Driver was issued. The sum claimed in these proceedings exceeds that statutory maximum and is therefore unrecoverable from the keeper. (Protection of Freedoms Act 2012)

4.4. Explanatory Note 221 to Schedule 4 confirms that a creditor “may not make a claim against the keeper of a vehicle for more than the amount of the unpaid parking related charges as they stood when the notice to the driver was issued.” Any additional sums, such as so‑called “debt recovery fees”, “late fees”, or other invented add‑ons are not “parking related charges” within the meaning of POFA. These additional amounts do not appear on signage, and are not part of any contractual parking charge, and are created solely by third‑party debt recovery agents. POFA provides no legal basis to impose keeper liability for such DRA‑fabricated fees, even if (which is denied) the Claimant had otherwise complied with POFA’s conditions.

and added the transcript below as an Exhibit JI_06

Coupon-mad

OK but you've also copied JackR1's words and link about HHJ Moloney? It is the killer point against adding a 'fee' to a PCN, because it was ratified by the Supreme Court.

JPCN

I think I have at 4.7, please point me to it if this is not