Free Traffic Legal Advice

I have a business in the UK, apart from that no other financial interests.

The 2nd to last letter I sent BW Legal i did inform them that the address they held was no longer valid and i moving aboard (as it was a short notice move). However them seemed to ignore this when sending a further claim before closing the case.

The last reply doesn't show the images i have uploaded below. I was hoping to use option to dispute the whole claim via the defence form rather than court. Using the defence that they sent the original PCN outside the 14days, that BW Legal had closed the case and not information that i requested about the PCN was provided to me? 

https://ibb.co/fG0s7GzG
https://ibb.co/LXBm0fvM
https://ibb.co/SDxSVmpd


Thank You

Hi,

Me again sorry.

After your help. I wrote to BW Legal confirming i was the registered keeper, not the driver, and that keeper liability under Schedule 4 of the Protection of Freedoms Act 2012 was not available because the notice was outside the statutory timeframe. I also requested key documents, including the Notice to Keeper, proof of posting, ANPR records, signage, landowner authority, and a breakdown of the sum claimed.

BW Legal responded on or around 3 July 2025 stating that the matter had been closed and returned to their client. I understood that BW Legal were no longer pursuing the matter and that the serious issues raised had not been answered. I had since sold the vehicle and moved address.

On 11th May 2026 I received a letter regarding CCJ proceedings from Smart Parking.

The letter is from HM Courts & Tribunal Services. Particular of Claims -
1.  The defendant (D) in indebted to the Claimant (C) for Parking charge (PC) issued to vehicle XXX
2. The date of contravention is 17/09/22 and the D was issued with PC by the C
3. The D is pursued as the driver of the vehicle for breach of the terms on the signs (the contract). Reason: Insufficient paid time
4. In the alternative the D is pursued as the keeper pursuant of POFA 2012, Schedule 4.
AND THE CLAIMANT CLAIMS
1. £160 being the total of the PC and damages
2. Intrest at a rate of 8% per annum pusuant to s.69 of the county courts acts 1984 from the date hereof at a daily rate of £0.04 until judgement or sooner payment
3. costs and court fees



Thank You

Hi

They have responded with the below. They did not send a letter by post but someone got my email address.

Thank you for your letter, please find our response below:

Good afternoon, 
 
Thank you for contacting BW Legal and for the information you have provided. 
 
A PCN is not subject to VAT as it is not an invoice. A PCN is a reminder of your contractual obligations to adhere to the terms and conditions of parking and notification that these terms have been breached due to insufficient paid time. 
 
This PCN is in regards to the breach of the terms and conditions of the site for the contravention reason of insufficient paid time, this is not in regards to damages.
 
The Charge you have been issued with represents the breach of a core term within the parking contract which was formed when your vehicle entered and remained on private land in excess of the grace period and subsequently breached Furthermore, in 2015, the Supreme Court case of ParkingEye v Beavis confirmed that the parking charge was not about loss, but a legitimate charge to deter motorists from breaching the contract under which they are permitted to use the car park. 
 
It is the overriding objective of the courts for parties to settle matters amicably without the need for a formal hearing. This includes raising any disputes and concerns with either party, prior to the issue of a County Court claim, to ensure court time is not wasted and additional costs are not incurred unnecessarily. 
 
In respect of the contents of your correspondence, it is apparent that a large amount of the information contained therein has simply been ‘copied and pasted’ from an external source, which we see on a regular basis. Large portions of your letter are irrelevant to the claim and therefore nonsensical, and therefore unreasonable. 
 
This matter will remain due and owing. 
 
Should you have any queries please contact our office on 0113 487 0430.

If you have any further issues or new questions that you would like us to assist you with, we kindly request that you use the contact options below to submit a new query.
You can also log into our Customer Portal by clicking here, and go to the Contact History of your account to view the contact.
 
Yours sincerely,

Hi,
I received a letter of claim.



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Hi
I received an email today from the removal company saying they received a fine whilst completing the unloading of boxes.The property is a flat. They were unloading for a couple of hours.
I have attached the fine in question and the signage.
They were not parked in the disabled bay, photo attached. I have marked the area as red where they were unloading.
Are there any grounds to appeal this?

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No, haven't moved address.