County Court Claim Defence: Premier Park / BW Legal

Shining1959

Hello

I've read the guidance and template defence set out on this thread: https://forums.moneysavingexpert.com/discussion/6108153/template-defence-to-adapt-for-all-parking-cases-with-added-admin-dra-costs-edited-in-2025 

I would be grateful if someone could read over my amended draft defence pasted below. I have only included amended paragraphs 2 & 3 as requested.

Brief circumstances are the parking charge was issued in June 2024 and relates to a retail car park with the alleged breach being non-payment. I recall receiving a separate parking charge around the same time (end of May 2024) and thought I had successfully appealed both at the POPLA stage. However checking through my emails, I can only find the appeal success email quoting the reference to the May 2024 charge. The appeal was made and accepted on the grounds that Premier Park had not complied with the requirements of Schedule 4 of the Protection Of Freedoms Act 2012 regarding keeper liability.

I am unsure if I need to weave in any case law in my defence or whether the fact the original notice was non-POFA compliant is enough?

Draft defence:

2. The allegation(s) and heads of cost are vague and liability is denied for the sum claimed, or at all. There has been a significant passage of time since the alleged contractual breach and the initiation of proceedings by the Claimant. This makes retrieving material documents/evidence difficult, which is highly prejudicial. The Defendant seeks fixed costs (CPR 27.14) and a finding of unreasonable conduct and further costs (CPR 46.5). The Defendant has little recollection of events, save as set out below and to admit that they were the registered keeper.

3.1 Only Schedule 4 of the Protection Of Freedoms Act 2012 can cause the registered keeper to be deemed to be the liable party. The Defendant submits the Claimant failed to comply with the requirements of Schedule 4 of the Protection Of Freedoms Act 2012;

- namely, but not limited to failing to state that the Claimant, does not know both the name of the driver and a current address for service as prescribed by section 9(2)(e);

- namely, but not limited to failing to give notice of keeper liability as prescribed by section 9(2)(f) of the Act. 

The Claimant can not, therefore, transfer liability for the alleged charge from the driver at the time to the Defendant, the keeper. There is no legal requirement to name the driver at the time and the Defendant can not do so.

3.2 The Defendant believed that this parking charge matter had previously been concluded, following a successful appeal to the Independent Appeals Service, POPLA (Parking on Private Land Appeals). The Defendant believed they appealed both this parking charge and another issued by the Claimant for the same alleged breach.

The Claimant rejected the initial appeal with an inadequate response, following which the Defendant escalated the matter to POPLA. The appeal was made on the basis that the Claimant had failed to comply with the requirements of Schedule 4 of the Protection of Freedoms Act 2012 (as detailed above).

The Defendant subsequently received confirmation via email that the appeal had been upheld and that the parking charge had been cancelled. The Defendant believed this email applied to both parking matters. 

I need to submit today so would be grateful for any urgent guidance.

Thanks

Gr1pr

I would suggest that it's close 

Personally,  I would email a SAR to popla and request both appeal outcomes,  giving dates and references etc, belt and braces

Popla dont send one outcome for 2 appeals, each one is separate , 10 appeals give 10 outcomes, 2 appeals gives 2 outcomes 

Coupon-mad

If that (within the Template Defence) doesn't fit in the 'Start Defence' box on MCOL just remove para 10, which won't matter.

Make sure you don't just save it. Submit it!

Shining1959

Gr1pr said:

I would suggest that it's close 

Personally,  I would email a SAR to popla and request both appeal outcomes,  giving dates and references etc, belt and braces

Popla dont send one outcome for 2 appeals, each one is separate , 10 appeals give 10 outcomes, 2 appeals gives 2 outcomes 

Thanks for the suggestion. I'm not familiar with how quick/slow these things move but given the one month timescale allowed to complete a SAR, it is possible I may not receive confirmation from POPLA before things progress.

This could've been an oversight on my part in that I didn't appeal to POPLA for the second parking charge that is the subject of this claim. However I am confident that the content and structure of Premier Park's parking charge notice was the same in both instances (issued less than 2 weeks apart) and so they were not compliant with POFA on both occasions. On that basis, is it fair to conclude that it's immaterial whether I appealed to POPLA or not?

Shining1959

Coupon-mad said:

If that (within the Template Defence) doesn't fit in the 'Start Defence' box on MCOL just remove para 10, which won't matter.

Make sure you don't just save it. Submit it!

It all fit within the allowed line allowance Submitted earlier so awaiting next steps. 

One thing I wasn't able to see from discussions is the likelihood of cases similar to mine being withdrawn by the Claimant and/or their rep at this stage. I'm just trying to anticipate whether this will progress to hearing stage or the fact my Defence alleges no keeper liability is enough to make the Claimant stop. Please advise

Coupon-mad

BW Legal don't tend to discontinue. Expect a final hearing in six months' time. They won't be fazed by a POFA non-compliance allegation.

Do get the winning similar case evidence pack from POPLA because will help the judge see the wording issue. However, you could easily be asked by the judge or rep at the hearing if you were driving. That can happen.

While your case is quiet, please spend time on the government's Public Consultation, if you haven't done it yet. I've added some pointers to the thread below to help support answers to the questions.

The MHCLG's proposals are wrong. We must stop them:

https://forums.moneysavingexpert.com/discussion/6617396/parking-code-of-practice-consultation-8-weeks-from-11th-july-2025/p1

We need every poster to come back & complete this vital Consultation before the deadline! Just 2 weeks left but please don't rush it. You can do some then save it and come back to it as you have time.

We understand that you may need some pointers. It looks laborious, we get that.

I'm taking a closer look this week and we'll walk people through the questions, and tell you what I'm going to put and/or what sort of evidence you might wish to use for your response, if you agree with what we'll be saying from our experience.

I've covered up to question 20 already on that thread.

Whilst your answers must of course be your own, there are vital points to safeguard motorists interests to make, that many people may not think of without our guidance because we see cases every day and we know the legal background. There won't be a template - the survey is for you to reply in your words - but we'll help everyone with what to focus on.

Shining1959

Noted. Will review the Consultation you shared in closer detail and respond.