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       #Post#: 119771--------------------------------------------------
       URGENT – Claim Form Received – Defence Drafted – Deadline 12
       June – Please Review
   DIR By: owillow99
       Date: May 26, 2026, 11:25 am
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       Hi all,
       I posted previously - "PCN for parking w/o any visible signage -
       Appeal dismissed by IAS" - but the situation has now progressed
       to claim stage and I'd like some advice on the defence I'm
       drafting.
       To recap briefly:
       I received a PCN from Link Parking for parking at Bute Street
       Car Park, Cardiff on 13 August 2025. I appealed to the IAS on
       the grounds that there was no adequate signage and no payment
       facilities at the site, but the appeal was dismissed. I then
       received a Letter of Claim from BW Legal in February 2026,
       responded robustly on 27 March (requesting a 30-day hold under
       the Pre-Action Protocol for Debt Claims and asking for
       disclosure of key documents), and BW Legal issued County Court
       proceedings without replying to my letter or providing any of
       the documents I requested.
       Claim details:
       - Claimant: Link Parking Limited (via BW Legal)
       - Amount claimed: £160 (original PCN £100 + £60 "contractual
       recovery costs") plus £35 court fee and £50 legal costs = £245
       total
       - I have already filed an Acknowledgment of Service indicating I
       intend to defend in full
       I have drafted my defence and would be very grateful if anyone
       could review it before I submit. The two main points of the
       defence are:
       1. No adequate signage at the material time — no entrance sign,
       no visible terms within the car park, and no payment facilities.
       The Claimant is put to strict proof that compliant signage
       existed on 13 August 2025.
       2. Prohibitive/forbidding contract — even if signage existed, it
       is prohibitive in nature (restricting parking to authorised
       persons) and therefore legally incapable of constituting a
       contractual offer. I am relying on UKPC v Masterson B6QZ4H3R
       [2016], PCM-UK v Bull B4GF26K6 [2016], and Horizon Parking v Mr
       J C5GF17X2 [2016].
       I have also included a section on BW Legal's failure to comply
       with the Pre-Action Protocol (they ignored my 30-day hold
       request and provided none of the requested disclosure before
       issuing proceedings).
       The defence is attached as a PDF document. My deadline to file
       is approximately 12th June.
       A couple of specific questions I'd welcome views on:
       - Is my framing of the "forbidding contract" argument correct
       and sufficiently developed for a small claims hearing?
       - Is there anything I should add, remove, or strengthen before
       submitting?
       - Any procedural points I may have missed?
       I know this forum runs on goodwill and I'm very grateful for any
       time members can spare to look this over.
       Happy to provide any additional documents (claim form, my LoC
       response, the BW Legal email of 19 May) if helpful.
       Many thanks
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