BW Legal letter after no response to appeal

Gr1pr

No pictures or evidence are submitted with any defence, save it for your WS plus Exhibits bundle stage in several months time

The defence template is 10 paragraphs for good reason, keep it concise and do not alter paragraph 1, or paragraphs 4 yo 10, unless renumbering is required , condense 4 to less than half, in the 3rd person, bin 5 and renumber

Your paragraphs 1 & 2 have a lot missing

A defence is written in the 3rd person, not 1st person

Use the defence template paragraphs 1 & 4 to 10, no changes, apart from renumber as 5 to 11

Adapt 2 & 3, add a new 4, post all 3 below

Car1980

Yes, you need to use the template and construct something brief for paragraph 3. E.g.

The claimant's particulars fail to specify the precise breach they are claiming for - an either/or claim does not adhere to the CPRs. In any case the driver entered the land and legitimately parked. The signage was wholly insufficient on site and lacking any visible entrance signage other than a blue parking 'P'. No contractual offer was made, no contract exists between the parties, and the claimant is in breach of multiple requirements set out in the the private parking sector single Code of Practice.

BeachDudeSW

Thank you all very much for your advice and suggestions. I have modified my paragraphs, to keep all of the original template, with my own paragraphs as follows:

2. The allegation is vague and liability is denied for the sum claimed, or at all. The delay in bringing proceedings lies with the Claimant, making retrieving material evidence difficult, which is highly prejudicial. The Defendant has limited knowledge of events, save as set out below and to confirm that they were the registered keeper.

3. On 16/07/25, the Defendant's child started their school-organised Duke of Edinburgh expedition from the village of Porth.  The school advised to meet in the Porth car park. The driver hadn't used this car park in many years. Previously the car park had attendants in the entrance booths taking payment on entrance.  These booths were empty on 16/07/25 so the driver presumed no payment was due.  There was no signage whatsoever indicating that payment was due for parking, from the public highway through to the entrance booths.  The car park was busy meaning the few very small signs around the perimeter of the car park were not visible.  The driver stayed with the child until the school arrived to collect students. The vehicle was then driven out of the car park, again with no 'payment required' signs on the structure driven through when exiting.  At no point during the period on site, did the driver leave the vehicle or turn off the ignition.

4. In the Ministry of Housing, Communities and Local Government (MHCLG) draft Private Parking Code of Practice, the 'parking period' is explicitly defined as: 2.24 parking period: the length of time that a vehicle has been parked, i.e. left stationary otherwise than in the course of driving, after any relevant consideration period has expired (excluding instances where the driver has stopped to enable passengers to leave or enter the vehicle)  This is not the period between a vehicle being recorded as entering and departing controlled land.  The Defendant avers that the driver wasn't outside of the 'parking period' due to being stopped to enable the passenger to leave the vehicle.  The passenger being a child who needed escorting until the relevant care-takers (the school) were in attendance.

Do you think this will be ready to submit as my defence now?

Thanks again for your help :-)

Coupon-mad

I highly doubt the engine was left on.

And if you know all this then you have extremely good recollection and know who was driving so why not admit it in para 2 as the thread tells you to, and remove the bit about not remembering much?

BeachDudeSW

https://forums.moneysavingexpert.com/discussion/comment/82033327#Comment_82033327

You're correct, no engine was left on - it's an electric vehicle - which is exactly why I specified that the ignition wasn't turned off.

Ah, sorry, I thought the advice was to not state who was driving the vehicle at the time. I won't specifically name the driver but I'll disclose their relation to me (the registered keeper)

I'm going to submit this defence now, and will let you know what happens next.

Thank you again everybody for all your help

BeachDudeSW

Just to keep this thread updated… I have my mediation appointment tomorrow.

I'll let you know how it goes.