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#Post#: 114713--------------------------------------------------
Premier Park (BW Legal) - Arena Shopping Park Coventry - Court
Hearing Set
DIR By: G6PRK
Date: March 28, 2026, 3:31 pm
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Hi All,
I am being pursued for being "not parked within a marked bay" at
Arena Shopping Park Coventry in April 2024.
A claim was issued by BW Legal on behalf of Premier Park in July
2025 with the standard lacking PoC. I submitted the standard PoC
insufficient defence (the short MCOL paste-able version). I've
done the mediation using standard advice.
A court date in October has now been set, with doc submissions
by 22 April.
I genuinely have no recollection of the incident and therefore
have no idea where to go from here. How can I be expected submit
a witness statement, when the claimant has provided absolutely
no detail on what the claim is about?
One thing that may or may not be noteworthy- I was not the
keeper of the vehicle. It was via a friend's work car scheme
whereby they (the friend's employer) retained keepership and it
was just with me (and other insured parties) as driver. I assume
the POFA rules for this are something like leasing/hiring.
Any advice on how to proceed from here much appreciated.
#Post#: 114724--------------------------------------------------
Re: Premier Park (BW Legal) - Arena Shopping Park Coventry -
Court Hearing Set
DIR By: InterCity125
Date: March 29, 2026, 1:26 am
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We need to see all documentation.
Original PCN.
Why do they think you were the driver?
Or are they pursuing you as hirer?
#Post#: 114744--------------------------------------------------
Re: Premier Park (BW Legal) - Arena Shopping Park Coventry -
Court Hearing Set
DIR By: G6PRK
Date: March 29, 2026, 7:29 am
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As I mentioned, I have no idea what the circumstances were. Nor
do I have the original PCN.
I would have been sent the PCN by the company at the time and
appealed with a generic appeal, or the company would have told
them that I was the 'keeper'.
I can share the court docs if necessary - but it's the standard
PoC with zero detail seen round here 1000 times.
I'm really just seeking advice on how to approach the situation
given the fact that I have no idea of the circumstances. I can't
quite understand how the court could expect me to respond when
the Particulars of Claim are so insufficient.
#Post#: 114745--------------------------------------------------
Re: Premier Park (BW Legal) - Arena Shopping Park Coventry -
Court Hearing Set
DIR By: jfollows
Date: March 29, 2026, 7:35 am
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Please stop interpreting things as “standard” and post what you
can.
You may be right but I, for one, don’t have a clue about what
you’re referring to. Make it easier for us if you want input,
please!
#Post#: 114747--------------------------------------------------
Re: Premier Park (BW Legal) - Arena Shopping Park Coventry -
Court Hearing Set
DIR By: G6PRK
Date: March 29, 2026, 7:50 am
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Fair enough - I suppose I'm being cocky (sorry!) cos I've
literally dealt with 10 of these cases for people based on the
advice here, and never has it actually gone near a court!
LETTER OF CLAIM:
HTML https://ibb.co/whWmqvMY
HTML https://ibb.co/3yCgMJNW
CLAIM FORM:
HTML https://ibb.co/TB1YW24S
HTML https://ibb.co/67CtyjQ7
THEIR DQ:
HTML https://ibb.co/bgp1LXzX
HTML https://ibb.co/TM0W3h5d
HTML https://ibb.co/chhZ71WY
HTML https://ibb.co/gF7QJn5W
HTML https://ibb.co/jC1FqFB
HTML https://ibb.co/6RrBvP2r
HTML https://ibb.co/nsyLzTcF
HTML https://ibb.co/hJjcwSbC
HTML https://ibb.co/TqDdvW8z
HTML https://ibb.co/0j5c3s1D
NOTICE OF ALLOCATION:
HTML https://ibb.co/qLw0fD42
HTML https://ibb.co/Xf5ynk9B
HTML https://ibb.co/F4nQLdsW
HTML https://ibb.co/cXCfq8NF
I used this standard defence (pasted here from another post) via
MCOL:
--- Quote ---
> 1. The Defendant denies the claim in its entirety. The
Defendant asserts that there is no liability to the Claimant and
that no debt is owed. The claim is without merit and does not
adequately disclose any comprehensible cause of action.
>
> 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 adequately 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 PD 16, para 7.3(1);
>
> (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 adequately set out the reason (or reasons)
why the claimant asserts the defendant has breached the contract
(or contracts);
>
> (d) The PoC do not state with sufficient particularity exactly
where the breach occurred, the exact time when the breach
occurred and how long it is alleged that the vehicle was parked
before the parking charge was allegedly incurred;
>
> (e) The PoC do not state precisely how the sum claimed is
calculated, including the basis for any statutory interest,
damages, or other charges;
>
> (f) The PoC do not state what proportion of the claim is the
parking charge and what proportion is damages;
>
> (g) The PoC do not provide clarity on whether the Defendant is
sued as the driver or the keeper of the vehicle, as the claimant
cannot plead alternative causes of action without specificity.
>
> 4. The Defendant submits that courts have previously struck
out materially similar claims of their own initiative for
failure to adequately comply with CPR 16.4, particularly where
the Particulars of Claim failed to specify the contractual terms
relied upon or explain the alleged breach with sufficient
clarity.
>
> 5. In comparable cases involving modest sums, judges have
found that requiring further case management steps would be
disproportionate and contrary to the overriding objective.
Accordingly, strike-out was deemed appropriate. The Defendant
submits that the same reasoning applies in this case and invites
the court to adopt a similar approach by striking out the claim
due to the Claimant’s failure to adequately comply with CPR
16.4, rather than permitting an amendment. The Defendant
proposes that the following Order be made:
>
> Draft Order:
>
> Of the Court's own initiative and upon reading the particulars
of claim and the defence.
>
> AND the court being of the view that the particulars of claim
do not adequately comply with CPR 16.4(1)(a) because: (a) they
do not set out the exact wording of the clause (or clauses) of
the terms and conditions of the contract which is (or are)
relied on; and (b) they do not adequately set out the reason (or
reasons) why the claimant asserts that the defendant was in
breach of contract.
>
> AND the claimant could have complied with CPR 16.4(1)(a) had
it served separate detailed particulars of claim, as it could
have done pursuant to PD 7C, para 5.2, but chose not to do so.
>
> AND upon the Court determining, having regard to the
overriding objective (CPR 1.1), that it would be
disproportionate to direct further pleadings or to allot any
further share of the Court’s resources to this claim (for
example by ordering further particulars of claim and a further
defence, with consequent case management).
>
> ORDER:
>
> 1. The claim is struck out.
>
> 2. Permission to either party to apply to set aside, vary or
stay this order by application on notice, which must be filed at
this Court not more than 7 days after service of this order,
failing which no such application may be made.
--- End Quote ---
#Post#: 114752--------------------------------------------------
Re: Premier Park (BW Legal) - Arena Shopping Park Coventry -
Court Hearing Set
DIR By: G6PRK
Date: March 29, 2026, 8:16 am
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Okay, that's everything I've got I think!
#Post#: 115649--------------------------------------------------
Re: Premier Park (BW Legal) - Arena Shopping Park Coventry -
Court Hearing Set
DIR By: G6PRK
Date: April 12, 2026, 2:29 pm
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Hi All
Bumping this... could really use some advice please!
Thanks in advance.
#Post#: 116383--------------------------------------------------
Re: Premier Park (BW Legal) - Arena Shopping Park Coventry -
Court Hearing Set
DIR By: G6PRK
Date: April 20, 2026, 3:16 am
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Can anyone help with this at all? I have literally no idea how I
write a witness statement for an incident I have no recollection
of....
#Post#: 116406--------------------------------------------------
Re: Premier Park (BW Legal) - Arena Shopping Park Coventry -
Court Hearing Set
DIR By: G6PRK
Date: April 20, 2026, 6:34 am
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This is what I've got so far for my WS... any feedback
appreciated.
--- Quote ---
> I,... will say as follows:
>
> 1. I am the Defendant in these proceedings. The facts in this
statement are within my own knowledge save where otherwise
stated, in which case I identify the source of my information or
belief. I believe them to be true.
>
> THE VEHICLE
>
> 2. At all material times, the vehicle registration `[REG]` — a
Suzuki Swace Ultra Hybrid — was supplied to me under a company
car scheme made available through a friends-and-family
arrangement operated in connection with a friend's employer.
Under that arrangement the vehicle was supplied, insured and
registered by the scheme's finance or leasing company.
>
> 3. To the best of my knowledge and belief, the registered
keeper of the vehicle on 1 April 2024, as recorded on the V5C
registration document issued by the DVLA, was the finance or
leasing company that supplied the vehicle under the scheme. I
was not the registered keeper.
>
> THE ALLEGED EVENT
>
> 4. I have no recollection of the event alleged by the Claimant
— a parking contravention said to have occurred at Arena
Shopping Park, Coventry, on 1 April 2024.
>
> 5. I do not admit that I was the driver of the vehicle at the
time and place alleged.
>
> NOTICES
>
> 6. I have no recollection of receiving any Notice to Driver,
Notice to Keeper or Notice to Hirer from the Claimant in respect
of this matter. The Claimant has not disclosed any such notice
in these proceedings.
>
> THE CLAIM
>
> 7. The only statement of the Claimant's case served on me is
the short summary set out in the N1SDT claim form. No separate
particulars of claim — whether pleaded as a standalone document
or appended to the claim form — have been served.
>
> 8. At the date and time of this witness statement, the
Claimant has not yet served its evidence in these proceedings
pursuant to the directions made in the Notice of Allocation
dated 25 March 2026.
>
> 9. Despite pre-action correspondence conducted by the
Claimant's solicitors and the subsequent issue of proceedings,
prior to the date of this witness statement the Claimant has at
no stage provided me with:
>
> (a) a copy of the contract or the signage terms said to have
been in force at the site on 1 April 2024;
>
> (b) photographs of the signage;
>
> (c) a site plan of the car park;
>
> (d) any Notice to Keeper or Notice to Hirer; or
>
> (e) any evidence as to the identity of the driver of the
vehicle at the material time.
>
> DEFENCE
>
> 10. I rely on the matters set out in my Defence dated `[DATE
OF DEFENCE]`.
>
>
> STATEMENT OF TRUTH
>
> I believe that the facts stated in this witness statement 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.
--- End Quote ---
#Post#: 116425--------------------------------------------------
Re: Premier Park (BW Legal) - Arena Shopping Park Coventry -
Court Hearing Set
DIR By: DWMB2
Date: April 20, 2026, 8:05 am
---------------------------------------------------------
Looking at their PoC, they don't actually state the capacity in
which they are pursuing you. They allege that the driver
committed a contractual breach, but do not explain how that may
lead to you being liable for the same. I would make this point
clearer in your Witness Statement.
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