UKCPM / BW LEGAL Residential Car Park Court Claim Defence Help

cozzielivs123

Hi All,

I've received a Court Claim from BWLegal / UKCPM for parking in the residential car park where I live. The letters are addressed to my address which is where the alleged breach occurred. I stay with family.

I am currently drafting my defence. I'm thinking about copying some of the elements from this post. What do I need to be mindful of? Can someone help? 

Fruitcake

What does your residential lease/AST/rental contract say about parking, parking contracts, parking charge notices, paying parking charge notices, court claims etcetera? What it doesn't say is equally important. 

This will have primacy of contract over anything an unregulated private parking company has to say.

Le_Kirk

What is the date of issue of the claim form and what date did you or are planning to, complete the AoS?  Use the template defence and add information as pointed out by @Fruitcake when you have researched your lease.

cozzielivs123

@Fruitcake What should I look for? I don't have it on hand at the moment, but I'm pretty sure it says the usual about having to display a valid permit etc

cozzielivs123

@Le_Kirk
I've submitted the AoS 9 days after receiving the Claim letter. Thanks

Coupon-mad

Le_Kirk said:

What is the date of issue of the claim form 

As above please.

Fruitcake

cozzielivs123 said:

@Fruitcake What should I look for? I don't have it on hand at the moment, but I'm pretty sure it says the usual about having to display a valid permit etc

As I said in my post, you need to see what the terms of use are with regards to parking, permits, PCNs, paying PCNs, and court claims etcetera. I'm referring to your lease/AST etcetera between the residents and the landowners/landlords, not something you have received from a managing agent/company or the parking company.
Again, what it doesn't say is equally important.

Car1980

You need to get hold of the lease. If you own your family will have it. If you rent your landlord will have it. 

Otherwise, find another owner-occupier in the same development.

Quite often the flat's lease grants rights over the space and the parking company has no authority.

Quite often they get away with it because the management company foists it on residents and gets a kick back. 

And quite often they get away with it because most people rent and nobody has the brains to get hold of the flat's lease.

Also likely that they'll discontinue if they really don't have any rights. To go to a hearing would jeopardise the income from the entire development if they lost.

cozzielivs123

UPDATE: I've submitted my defence and AOS. BWLegal have sent me a letter saying they intend to move forward with the claim saying that I will get a CCJ if I lose. I'm considering paying it to avoid going to court and potential CCJ.

Car1980

Wake up. They send that to everyone. Obviously works because you're spooked and ready to cave in.

A CCJ would only be issued against your credit file if they paid their £27 hearing fee, you went to hearing, you lost and you failed to pay them within 28 days

And I don't know why you haven't answered the questions. Where is the lease?

cozzielivs123

I got the lease. I've included it in my defence.