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 :
https://ibb.co/1GppqjKKThe 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.
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