Free Traffic Legal Advice
Live cases legal advice => Private parking tickets => Topic started by: bz.08 on March 03, 2026, 03:02:58 pm
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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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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.
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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;
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.
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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?
The claimant does not know who the driver was. I have merely responding as the keeper in my defence.
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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?
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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..)
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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.
Strangely, the date for paying is 12 days after the date by which each party needs to submit their documents..
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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.
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Hi all,
I received the below claim form in July 2025.
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:
https://ibb.co/tprf3PKk
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?