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#Post#: 112427--------------------------------------------------
Hearing set for parking charge by car park management services
LTD
DIR By: settop23
Date: March 8, 2026, 11:00 am
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Hello
I receieved a claim form on in May 2025, and submitted an AOS
and defence in July. By December 2025, the claim was
transferred to my local court as per the DQ.
Please find here the claim form :
HTML https://ibb.co/1GppqjKK
The defence I submitted is at the bottom of this message.
Unfortunately I don't believe I seeked legal advice on here for
this specific case and filed a defence which I had previously
used for a similar case.
the case is now listed for a hearing at the end of this month.
BW legal have sent their defence to my defence accross this
week, and it mainly states that interest is not charged and
quotes the signage that they rely upon which states no parking
at any time.
I am the RK of the vehicle. The date of the parking is December
2024. I believe the driver of the vehicle parked there only for
a short time (less than 5 minutes) and once they realised they
did not have permission to park there they moved the car.
Any help with this would be appreciated
1. The Defendant denies any liability for this claim.
2. There is a lack of precise detail in the Particulars of Claim
(PoC) in respect of the factual and legal allegations made
against
the Defendant such that the PoC do not comply with CPR 16.4.
3. The Defendant is unable to plead properly to the PoC because:
(a) The contract referred to is not detailed or attached to the
PoC in accordance with CPR PD 16(7.5);
(b) The PoC do not state the exact wording of the clause (or
clauses) of the terms and conditions of the contract (or
contracts) which is/are relied on;
(c) The PoC do not state with sufficient particularity the exact
time when the breaches occurred and how long it is alleged that
the vehicle was parked before the parking charges were allegedly
incurred;
(e) The PoC do not state exactly how the claim for statutory
interest is calculated;
(f) The PoC do not state what proportion of the claim are the
parking charges and what proportion is damages;
(g) The PoC states that the Claimant is suing the defendant as
the
driver or the keeper. The claimant obviously knows whether the
defendant is being sued as the driver or the keeper and should
not
be permitted to plead alternative causes of action.
4. The Defendant has attached to this defence a copy of an order
made at another court which the allocating judge ought to make
at
this stage so that the Defendant can then know and understand
the
case which he/she/it faces and can then respond properly to the
claim.
Statement of truth
I believe that the facts stated in this Defence are true. I
understand that proceedings for contempt of court may be brought
against anyone who makes, or causes to be made, a false
statement
in a document verified by a statement of truth without an honest
belief in its truth.
#Post#: 112452--------------------------------------------------
Re: Hearing set for parking charge by car park management
services LTD
DIR By: InterCity125
Date: March 8, 2026, 3:05 pm
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Do you have the original NtK?
Did you make any appeal?
Has the driver ever been revealed to the parking operator?
Please post up their evidence.
#Post#: 112555--------------------------------------------------
Re: Hearing set for parking charge by car park management
services LTD
DIR By: settop23
Date: March 9, 2026, 10:10 am
---------------------------------------------------------
Thanks for the reply.
I do not have the original NTK, and have not appealed or engaged
with the company in any way - except from the AoS and defence
submitted on Mcol.
I have enclosed the evidence which they have sent in a pack, i
believe it includes the original Ntk. There is also a skeleton
argument and a witness statement from a paralegal at BW.
HTML https://ibb.co/qFm4LFPm
HTML https://ibb.co/vvgcL21n
HTML https://ibb.co/rjgQd3j
HTML https://ibb.co/YTBCWbDw
#Post#: 112561--------------------------------------------------
Re: Hearing set for parking charge by car park management
services LTD
DIR By: InterCity125
Date: March 9, 2026, 11:14 am
---------------------------------------------------------
Please show us everything in the evidence pack including the
skeleton and the WS.
Do they show the back of the NtK?
#Post#: 112562--------------------------------------------------
Re: Hearing set for parking charge by car park management
services LTD
DIR By: DWMB2
Date: March 9, 2026, 11:15 am
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--- Quote from: settop23 link ---
>
> (g) The PoC states that the Claimant is suing the defendant as
the
> driver or the keeper.
>
--- End Quote ---
Do they? As far as I can see they don't state in what capacity
they're seeking to hold you liable.
--- Quote ---
>
> There is also a skeleton argument and a witness statement from
a paralegal at BW.
--- End Quote ---
We need to see this. What is your deadline for submitting
Witness Statements?
#Post#: 112673--------------------------------------------------
Re: Hearing set for parking charge by car park management
services LTD
DIR By: settop23
Date: March 10, 2026, 7:22 am
---------------------------------------------------------
Hello
Thank you for the help, and I must apologise the defence I
submitted was done in a rush and taken from another case I
posted. I hope it does not affect my chances.
I have also just checked through the documents and the papers i
receieved from the court on 05 February state witness statements
must be submitted by 05 march
I have uploaded the evidence :
HTML https://ibb.co/JjwsCFX4
HTML https://ibb.co/qLJ77tKx
HTML https://ibb.co/YTcDPXKG
HTML https://ibb.co/C39KRyqM
HTML https://ibb.co/fVB7PktL
HTML https://ibb.co/S77xW79V
HTML https://ibb.co/C30K585h
HTML https://ibb.co/W4Rw87vP
HTML https://ibb.co/yc4ZSdYn
HTML https://ibb.co/3mvd0hmS
HTML https://ibb.co/1Yp9SxrL
HTML https://ibb.co/s9pWSvZm
HTML https://ibb.co/W42vSHDq
HTML https://ibb.co/9ky7pkF9
HTML https://ibb.co/wNkw4q1t
HTML https://ibb.co/sdPbH0FJ
HTML https://ibb.co/Wv68GFRq
HTML https://ibb.co/0RsSkP16
If you guys think I have a good chance of winning this at court,
please do advise the best way to proceed
#Post#: 113139--------------------------------------------------
Re: Hearing set for parking charge by car park management
services LTD
DIR By: settop23
Date: March 13, 2026, 9:31 am
---------------------------------------------------------
Hello
Any advice regarding this? If i have messed up by not submitted
WS, is there any point in attending court, or can I arrange to
pay the balance on a monthly basis?
#Post#: 113208--------------------------------------------------
Re: Hearing set for parking charge by car park management
services LTD
DIR By: DWMB2
Date: March 14, 2026, 3:33 am
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If you can draft something up by the weekend you can try and
submit on the Monday. Very much not ideal, but litigants in
person are afforded somewhat more leeway in some cases, so worth
a go.
#Post#: 113230--------------------------------------------------
Re: Hearing set for parking charge by car park management
services LTD
DIR By: InterCity125
Date: March 14, 2026, 6:48 am
---------------------------------------------------------
Had a very quick scan through the evidence pack and noted the
following;
NtK is not compliant as it omits mandatory wording from Schedule
4 9(2)(f) of PoFA.
The relevant term is as follows;
THE NOTICE MUST warn the keeper that if, after the period of 28
days beginning with the day after that on which the notice is
given—
(i)the amount of the unpaid parking charges specified under
paragraph (d) has not been paid in full, and
(ii)the creditor does not know both the name of the driver and a
current address for service for the driver,
the creditor will (if all the applicable conditions under this
Schedule are met) have the right to recover from the keeper so
much of that amount as remains unpaid;
The legislation requires that the keeper be warned that the
parking operators NtK is required to comply with all conditions
of the schedule in order for the parking operator to rely on
PoFA to transfer liability to the keeper.
The sentence in bold above is never stated on the NtK and
therefore the NtK is not compliant since THE NOTICE MUST contain
this warning.
Secondly, the 'period of parking' is dubious - it's a single
timestamp and not a 'period' - that's a possible PoFA point but;
how does the Claimant intend to prove any parking took place?
(verses a temporary stop)
Thirdly, (just noticed) the NtK does not include the mandatory
wording required by 9(2)(e) - THE NOTICE MUST STATE that the
creditor does not know both the name of the driver and a current
address for service for the driver
Further point - I've just gone through all evidence and there is
absolutely nothing which demonstrates the period of time the
driver was stationary - not even the pictures are timestamped -
I would save this point for Court rather than the WS - put
something very loose in the WS which does not draw specific
attention to this point just in case they go to full hearing.
I would only submit a skeleton defence anyway. Their WS is only
skeleton so I don't see a problem in that respect.
#Post#: 113233--------------------------------------------------
Re: Hearing set for parking charge by car park management
services LTD
DIR By: InterCity125
Date: March 14, 2026, 7:05 am
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[member=103]DWMB2[/member]
Also just noticed that the WS is prepared by a paralegal 'under
supervision' - this is contra to Mazur??
HTML https://ibb.co/JjwsCFX4
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