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#Post#: 111894--------------------------------------------------
Imperial Wharf - BW Legal (At Hearing Stage)
By: bz.08 Date: March 3, 2026, 9:02 am
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Hi all,
I received the below claim form in July 2025.
HTML https://ibb.co/9968BtWD
I defended it and had a mediation appointment in October 2025.
It has now reached the hearing stage (scheduled for mid April
2026) and was wondering what I should submit to BW Legal and the
court in advance of this?
Please see my defence below:
HTML https://ibb.co/tprf3PKk
HTML https://ibb.co/B8d4Wfb
Should I be uploading an amended defence and/or witness
statement? Are there any templates for this I can use?
Also, the deadline for serving copies of the above is in a few
days.. I plan to meet it but the claimant hasn't served anything
to me yet - if they indeed fail, will it invalidate their claim?
#Post#: 111898--------------------------------------------------
Re: Imperial Wharf - BW Legal (At Hearing Stage)
By: jfollows Date: March 3, 2026, 9:37 am
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When does the claimant have to pay the court fee?
If paid, your defence is already submitted and you both have a
deadline for submitting Witness Statements, as you note.
#Post#: 111910--------------------------------------------------
Re: Imperial Wharf - BW Legal (At Hearing Stage)
By: bz.08 Date: March 3, 2026, 10:58 am
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[quote author=jfollows link=topic=10115.msg111898#msg111898
date=1772552276]
When does the claimant have to pay the court fee?
If paid, your defence is already submitted and you both have a
deadline for submitting Witness Statements, as you note.
[/quote]
Strangely, the date for paying is 12 days after the date by
which each party needs to submit their documents..
#Post#: 112059--------------------------------------------------
Re: Imperial Wharf - BW Legal (At Hearing Stage)
By: bz.08 Date: March 4, 2026, 10:32 am
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Any advice from anyone? I have to serve a copy on the other
parties by end of week (claimant hasn't served anything to me
yet though..)
#Post#: 112067--------------------------------------------------
Re: Imperial Wharf - BW Legal (At Hearing Stage)
By: InterCity125 Date: March 4, 2026, 11:13 am
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Does the claimant know who the driver was or are they just
assuming that it was you?
Has the driver been revealed in any appeal etc?
#Post#: 112160--------------------------------------------------
Re: Imperial Wharf - BW Legal (At Hearing Stage)
By: bz.08 Date: March 5, 2026, 8:28 am
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[quote author=InterCity125 link=topic=10115.msg112067#msg112067
date=1772644401]
Does the claimant know who the driver was or are they just
assuming that it was you?
Has the driver been revealed in any appeal etc?
[/quote]
The claimant does not know who the driver was. I have merely
responding as the keeper in my defence.
#Post#: 112165--------------------------------------------------
Re: Imperial Wharf - BW Legal (At Hearing Stage)
By: InterCity125 Date: March 5, 2026, 8:55 am
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To be honest, in this particular case, I would ditch the defence
you have set out.
Is this instance the Claim Form states that they are pursuing
you as driver.
The is no stated alternative pursuit as vehicle keeper under
PoFA 2012.
This means that their claim can never succeed assuming what you
say is true.
So you could simply set out a very simple defence which states;
[font=Verdana]I deny the claim in its entirety and no debt is
owed.
That the information set out in the PoC on the Claim Form are
imprecise but I will do my best to engage.
It is accepted that I was the Registered Keeper of the vehicle,
stated on the claim form, on the date in question.
That this is a contract dispute and, as such, there is no legal
requirement for a Registered Keeper to reveal any driver details
to an unregulated private parking contractor.
That I will not, under any circumstance, be revealing the
drivers identity and, as such, no assumption can be drawn by me
exercising my legal right to remain silent in that respect.
I may rely on the persuasive Appeal Court case of VCS Ltd v
Edward [H0KF6C9C] if required.
That the Claimant appears to have no evidence which proves who
the driver was.
That the Claimant is therefore unable to demonstrate that I am
liable for any charge or debt.
The claim is therefore denied.[/font]
#Post#: 112170--------------------------------------------------
Re: Imperial Wharf - BW Legal (At Hearing Stage)
By: DWMB2 Date: March 5, 2026, 9:12 am
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You can't generally simply 'ditch' a defence, nor amend without
paying a fee. But much of the above could be incorporated into a
good Witness Statement which draws out the most important points
from the defence.
#Post#: 112171--------------------------------------------------
Re: Imperial Wharf - BW Legal (At Hearing Stage)
By: InterCity125 Date: March 5, 2026, 9:14 am
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Ah, sorry, I assumed that that was the defence he was
suggesting!
Doh!
So, yes, make it into a Witness Statement.
But wait until the last possible moment before submitted as you
may be able to see the Claimant's WS before submitting your own.
Can you post up the Court documentation which states the dates
for WS etc?
PS I've added a reference to VCS v Edward just in case.
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