Claim Form Originating from bwlegal and Britannia parking

Thanks guys...I'll get back to it

Hi Castle, yes the Registered number is as you said 2389707 on the 2016 contract. On the 2018 contract its 08182990.



Herewith latest defence draft:

In The County Court
Claim No: XXXXXXX
Between
XXXXX (Claimant)

-and-

XXXXXXX (Defendant)

____________
DEFENCE
____________

1. The Defendant was the registered keeper and driver of vehicle registration number XXXXXXX on the material date. The Defendant denies that the Claimant is entitled to relief in the sum claimed, or at all.

2. The facts of the matter are that there were no visible signs stating the claimants terms from entering the car park area to where the defendant parked.
On the foot route the defendant made from their parked car to XXXX (shop) and back, there were no signs.
This is in contravention of The British Parking Association (BPA) Approved Operator Scheme (AoS) section 18.3 under which the claimant is an active member.

3. The claimant has one sign positioned to the left of a pavement on a private access road prior to entering the main car park area. It is denied that the claimant's sign sets out the terms in a sufficiently clear or visible manner which would be capable of binding any reasonable person reading them. It would also be unsafe to attempt to read this sign whilst negotiating two concurrent roundabouts in a busy traffic and pedestrian area. This sign is positioned so that any passing pedestrians would completely obscure it from view. It is, therefore, denied that the Claimant's sign is capable of creating a legally binding contract.
This sign is in contravention of the BPA AoS Appendix B.

4. Due to the sparseness of the particulars, it is unclear as to what legal basis the claim is brought, whether for breach of contract, contractual liability, or trespass. However, it is denied that the Defendant entered into any contractual agreement with the Claimant, whether express, implied, or by conduct.

5. The Claimant is put to strict proof that it has sufficient proprietary interest in the land, or that it has the necessary authorisation from the landowner to issue parking charge notices, and to pursue payment by means of litigation.

5.1 The signage states that "Britannia Parking manage and control this car park". Britannia Parking are therefore acting as an agent of the landowner. As an agent, the Claimant has no legal right to bring such a claim in their name. Any claim should be in the name of the landowner.
Neither the claim form, nor the signage state who the owner of the land is.

6. The Defendant has the reasonable belief that the Claimant has artificially inflated the claim value by claiming to have paid vague costs (contractual costs) totaling £XX in addition to an alleged £70 debt.
Previous letters to the defendant from BW Legal have stated that the £XX claimed is for “our client's initial legal costs".
Legal services cannot be claimed in the small claims court as per CPR 27.14

6.1 The claim includes a sum of £XX, described as "Legal representative's costs". This work is done as part of the Claimant's Legal Representatives everyday routine and no "expert services" are involved. The Claimant is put to strict proof, by way of timesheets or otherwise, to show how this cost has been incurred.

6.2 The Defendant puts the Claimant to strict proof that all claimed costs were invoiced and paid. The defendant also asks why they waited nearly 2 years to bring this to court and why they believe their own negligence and delay should earn a Claimant 8% interest, to the imbalance of a consumer's rights and interests

7. The defendant denies the claim in its entirety voiding any liability to the claimant for all amounts claimed due to the aforementioned reasons. The Court is invited to dismiss the Claim and to allow such defendant's costs as are permissible under Civil Procedure Rule 27.14


I believe that the facts stated in this Defence are true.

Name
Signature
Date