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PREMIER PARK, BW LEGAL court claim 2026

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Comments

  • determinedtowin
    determinedtowin Posts: 14 Forumite
    10 Posts Name Dropper

    Thank you for your reply @Coupon-mad

    As it happened over a year ago, I really cannot remember exactly how I parked.

    That said, I would never park dangerously or take up two bays.

    If the car was out of bounds, it would have been only slightly to the left/right or the tyres on the white lines instead of within.

    I wish I had a picture as it feels like I'm just fighting in the dark till evidence time.

  • Coupon-mad
    Coupon-mad Posts: 162,236 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 3 May at 6:27PM

    I'd suggest this:

    The allegation is something of an ambush on the Defendant, who has seen no photographs but would never park obstructively or take up two bays. Any line overhang would have been slight and not prevented other motorists from using the site. The doctrine of de minimis applies. At the Supreme Court hearing in the leading authority of ParkingEye v Beavis, their Lordships even considered the unfairness of PCNs issued to drivers in a run of bays whose cars might all have to be parked slightly over the lines in a domino effect due to the angle of the vehicle(s) next to them. It was held in Beavis that consumers cannot be simply punished by a parking charge; there must be justification and fairness. The Defendant has seen no evidence about the alleged incident and nor was a Notice affixed to the vehicle, which would have allowed a fair opportunity to gather evidence and appeal at the time. The Defendant is highly disadvantaged and the lack of any attempt to narrow the issues with evidence to avoid litigation is a clear breach of the PAP by this serial litigant and roboclaim law firm.

    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • determinedtowin
    determinedtowin Posts: 14 Forumite
    10 Posts Name Dropper

    You are honestly amazing @Coupon-mad !!!!!!!

    I was completely stuck, and you took my dilemma and created the perfect defence that exactly fits my situation.

    I genuinely can't thank you enough for your time and generosity. I could not have gotten this far without you!

  • Coupon-mad
    Coupon-mad Posts: 162,236 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 4 May at 4:47PM

    No worries. 🙂

    To be clear, that's only paragraph 3 within the whole Template Defence, in case any new readers think that's a full defence!

    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • Car1980
    Car1980 Posts: 2,906 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker

    Did you pass an entrance sign? I can see an amateurish PVC banner on a roundabout on Streetview but seems like a complicated road setup. There should be a permanent metal sign that you passed.

    See this Popla decision, which might help at Witness Statement stage: https://forums.moneysavingexpert.com/discussion/6603746/premier-park-pcn-update-popla-success

  • determinedtowin
    determinedtowin Posts: 14 Forumite
    10 Posts Name Dropper

    @Coupon-mad should I admit I was the driver at the end of Paragraph 2? What would you recommend for my situation?

  • Coupon-mad
    Coupon-mad Posts: 162,236 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic

    Yes admit to driving, if you were.

    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
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