Author Topic: Norwich Traffic Control PCN - Unauthorised Parking - St Anne's Quarter, Norwich  (Read 17450 times)

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Thanks b789 - I appreciate the extra context here.

I've prepared everything including your amendment to the original WS, and have timetabled it to email to the Court and BW Legal at 1555hrs tomorrow afternoon, as I shall be away from my computer from about midday.

Please do let me know in the meantime if there are any other amendments you consider to be useful/necessary, and I can always make those changes tomorrow morning.

Happy New Year, all.

My updated WS was filed with the Court and BW Legal on Christmas Eve, and I received an automated response from the Court to confirm that it had been received.

Is there anything else I need to be doing now?

I note that the directions state that a bundle is to be agreed between the parties and then filed by The Claimant between three and seven days prior to the hearing date.  I assume that BW Legal will not be seeking to 'agree' a bundle with me, and that I should expect to receive the bundle by email by CoB on Monday 5th January?

Should I be wary of any 'surprises' within the bundle, or will it broadly be a compilation of the various claim documents and the two Witness Statements?

As for preparation for the hearing, is it just a case of making sure that I'm fully-conversant with my own witness statement, and able to put myself in a position whereby I can put the various individual points to the Judge?

You have already done what you are required to do. You filed your bundle by the deadline and you have the Court’s automated confirmation that it was received. That is the key point.

If the Claimant now files anything after the deadline, treat it as late evidence. If you receive late material, you should email the Court and BW Legal immediately to object to reliance on it, stating that your bundle was filed in time and accepted, and that you object to any late evidence being admitted or, in the alternative, you invite the Court to attach little or no weight to it.

If you receive nothing further before the hearing, you do not need to do anything else. You simply attend and rely on the bundle already filed.

If BW Legal file a “hearing bundle” (because the directions say the Claimant must file an agreed bundle 3–7 days before the hearing), it will usually just be a paginated compilation of the claim form/PoC, their documents, and your WS/bundle. Do not assume it is “agreed” merely because they filed it. If it omits your documents or contains extra material not previously served, email the Court and BW Legal straight away to record that it is not agreed and to object to any new or missing items.

For the hearing itself, preparation is simply:

1. Know your own witness statement and exhibits.
2. Mark the pages/exhibits you will take the Judge to for each key point.
3. Be ready to point out anything the Claimant relies on that is hearsay, unsupported, or late.
Never argue with stupid people. They will drag you down to their level and then beat you with experience” - Mark Twain

I've not received any further communication from BW Legal in respect of a Trial Bundle.

The directions appear to be fairly explicit on this matter:

Directions on Filing of Trial Bundles, if applicable

Failure to comply with these directions may result in the matter being removed from the list without further warning:

The parties should seek to agree an indexed, paginated electronic trial bundle and any indexed paginated electronic authorities' bundle; and

One party (which shall be the Claimant in default of agreement otherwise) shall email the electronic bundle to the Court at [COURT EMAIL] and the other parties no less than 3 days and no more than 7 days before the hearing date.

A hard copy bundle would be required for any trial listed as an attended 'in person' hearing/  All trial bundles are to be filed at the Court where the trial is to be held at least 3 clear days before the trial date.  Any hard copy bundles not taken away after a hearing will be destroyed.


Unless I'm misinterpreting things, a failure of BW Legal to have served me with a Trial Bundle by CoB yesterday appears to be a fairly significant breach of the directions?

Unless this is the sort of breach that would be significant enough to have the claim thrown out for non-compliance, I'm more than happy to receive a bundle today/tomorrow, as I shall still have enough time to go through it and compare/contrast with the already-submitted Witness Statements, as I'm just keen to draw a line under this and move on.

What I don't want is to be presented with a bundle at 9:55am on Thursday morning, with the risk that there may be material differences between the bundle and the Witness Statements.

I've just been and spoken with the Court in person.

They have confirmed that BW Legal have provided them with a Trial Bundle, so it is clear that they have simply not provided me with a copy.

Court advice was to either raise it at the hearing tomorrow, or contact BW Legal directly today.

Any suggestions as to the best course of action here? How fatal will it be to tomorrow's hearing if I choose to wait and raise the non-service at the start of the hearing?

Or, in the interests of getting this wrapped up ASAP, should I contact BW Legal today and hope I get something this afternoon?

How fatal will it be to tomorrow's hearing if I choose to wait and raise the non-service at the start of the hearing?
Probably depends on the judge. There's often more 'leeway' in the Small Claims track, although some judges rightly expect professional law firms to be doing things by the book.

You've seen their WS, I'm correct in assuming? Just not the full 'bundle'

You've seen their WS, I'm correct in assuming? Just not the full 'bundle'

Yes, that's right. The WS sent to me in December comprised their original WS, the supplementary one provided after the original St Helens deadline for service, and their skeleton argument. Nothing I'd not seen before.

My concern is, if they have deliberately not served the trial bundle on me, that there may be unseen contents that they hope to ambush me with, in the hope that non-service will prevent me from consulting here.

Ideally I'll need time to do a reasonable side-by-side comparison of their WS bundle with the trial bundle.

On another question - how serious is the Eden Moore issue with respect to Mazur? Is it bad enough to render their litigation invalid, so should be mentioned from the outset with a respectful request for the matter to be set aside in light of the illegal conduct?

Neither party should be ambushing the other with fresh evidence, and most judges would take a dim view of any attempts to do the same. You could if you wish contact BW Legal and point out that you have not received their bundle. Then at the hearing point out that you either haven't received it, or have received it late (if they do send it), putting you at a disadvantage. You can point this out alongside some of the other issues (such as the Mazur point and their late submission of a supplementary WS) as evidence of their ongoing poor conduct in the handling of the case - all of this is particularly important if you win and are discussing costs.

At risk of sounding vague, much depends on the view of the judge on the day, County Court can be unpredictable.

I think one of the key facts in your case is that you have a meritorious defence point, namely that the claimant hasn't proved that a contract was formed in the first place. Even if you leave aside all the (entirely valid) technical points, there can be no money owed if no contract was formed. I'd be keen to ensure that this point does not get lost amidst any protracted debates about any technicalities (after all, as noted, most judges want an easy life).

Neither party should be ambushing the other with fresh evidence, and most judges would take a dim view of any attempts to do the same. You could if you wish contact BW Legal and point out that you have not received their bundle. Then at the hearing point out that you either haven't received it, or have received it late (if they do send it), putting you at a disadvantage. You can point this out alongside some of the other issues (such as the Mazur point and their late submission of a supplementary WS) as evidence of their ongoing poor conduct in the handling of the case - all of this is particularly important if you win and are discussing costs.

At risk of sounding vague, much depends on the view of the judge on the day, County Court can be unpredictable.

I think one of the key facts in your case is that you have a meritorious defence point, namely that the claimant hasn't proved that a contract was formed in the first place. Even if you leave aside all the (entirely valid) technical points, there can be no money owed if no contract was formed. I'd be keen to ensure that this point does not get lost amidst any protracted debates about any technicalities (after all, as noted, most judges want an easy life).

Thanks DWMB2, I appreciate the help here.

I emailed BW Legal, who responded with the Trial Bundle and a claim that this was sent to me on 29/12/2025.  I've asked them to forward to me the email they allege to have sent, so that I can see if they've mis-spelled my email address or suchlike.

I've immediately noted that the Trial Bundle they have prepared uses my pre-Mazur St Helens witness statement, and not the current one which includes a discussion of the Eden Moore issue.  I shall raise this at the outset tomorrow, to ensure that the Judge relies upon my up-to-date Witness Statement, unless you think that this needs anything else doing here and now.

The comment on the ordering and prominence of the points is appreciated as well.  By my understanding my hierarchy tomorrow should be:

1)  Eden Moore's witness statements are hearsay.  She is not the claimant and has no detailed knowledge of the site or matter, and is not present for cross-examination.  As such respectfully request that little or no weight should be given to her evidence.

2)  No proof of contract formed.  BW Legal unable to prove the existence of a suitable consideration period, alongside missing/illegible entry signs to the car park.

3)  Even if a contract was formed, the NTD and NTK do not comply with Schedule 4 PoFA 2012 in that they state a single point in time for the alleged contravention, rather than a period of parking.  This prevents Keeper Liability and, therefore, I cannot be held liable as keeper, have no obligation to name the driver, and have not done so.  Persuasive precedent being Brennan.

4)  Wholly inappropriate to make the assumption that Keeper was Driver, regardless of circumstances.  See Edward.

5)  Notwithstanding the above, poor conduct by BW Legal throughout, including but not limited to:
  • Failure to engage with questions following Notice of Claim
  • Woefully inadequate Particulars of Claim
  • Conduct of litigation by paralegal (See Mazur)
  • Late submission of supplementary Witness Statement following original St Helens deadline for service
  • Failure to serve me with a copy of the Trial Bundle by the stated deadline, or at all, depending on response to my email this afternoon

Thanks again!

Update - I also notice that the annotations from the plan on the final page of my WS are missing from the Trial Bundle, which merely contains an un-amended copy of the plan.
« Last Edit: January 07, 2026, 03:51:00 pm by Snudge88 »

If you did email the court now, I'd be surprised if it would have made its way to the judge before the hearing tomorrow - You should definitely point out that their bundle includes the wrong WS, I'd be minded to do so as a point of order at the start of the hearing. You might want to mention when doing so that the reason you're only mentioning it now is because you only received the bundle from BW Legal yesterday.

Given their bundle includes the wrong WS, make sure you have copies of the correct WS with you on the day (as well as copies of anything else you'll be relying on, of course). One for you, one for BW's rep, if one turns up, and one for the judge.

Good luck and let us know how you get on.

The BW rep is likely to be a local rep rather than someone directly from BW.

It's highly unlikely that the rep they send is the same person who signed their WS.

If you can, it's always worth mentioning at the start that you are really disappointed that the claimant has not sent along their witness. Point out that their legal rep is now presenting (at least) third hand hearsay evidence - point out that you had a number of questions which you wanted to ask the witness - point out that their non-attendance puts both you and the court at a disadvantage as there were bound to be questions which the Judge also might wish to ask.

Don't labour the points - just put them across politely.



You have a really strong defence - Good luck.

Thanks all, for all your help so far.

A couple of quick questions on the morning of the hearing - more than appreciate if this is far too short notice for any substantive answers:

  • If Eden Moore does, in fact, turn up today; either as a witness or as BW Legal's representative, I assume that's an immediate point of order depending on her role?  I assume Right of Audience if she's there as representative, and the fact that their N180 stated no witnesses if she's there as witness?
  • BW Legal have raised the unreported appeal case of Premier Parking Solutions Ltd v Leigh Evans in support of their NTD/NTK, stating that it found boilerplate wording of "This charge relates to the period of parking that immediately preceded the issue of that notice."to be sufficient to satisfy PoFA regarding a period of parking.  I assume that my position here is that Brennan post-dates this, the claimant has not provided a transcript of the judgment, and that it would be unfair to allow a requirement for specific data to be satisfied by the inclusion of generic boilerplate?
  • We discuss the fact that the state of the site has changed materially, compared to the site plan and photographs provided alongside the contract with Orbit Homes.  These changes include the missing/illegible entry signs, as well as the addition of a very large sign (approx 14s into this video - ) stating 'VISITOR PARKING'.  This will have added significant confusion to the situation and, in the absence of entry signs stating to the contrary, it would be reasonable for a driver to assume that the area was, indeed, visitor parking, and that the yellow enforcement signs merely stated the T&Cs upon which visitors could park.
  • Finally - just out of interest rather than anything else - if BW Legal do send local locum representation, would it be fair to assume that their costs in pursuing this matter would probably end up outweighing the £245 that they are seeking here?

Brennan was an Appeal Court Judgement and the Judge's comments in that case would almost certainly challenge what BW are saying with regard to their stated case. Their stated case could well be just a previous County Court claim.
« Last Edit: January 08, 2026, 08:46:36 am by InterCity125 »

So I re-read the Decision in Brennan a couple of times and I'm positive that the Judge's comments destroy BW's comments on Period of Parking.


In essence the Judge sets out what could now be considered to be the minimum requirement in terms of the information which must be included in the NtD / NtK in order to meet the requitements of PoFA (Period of Parking) - BW are trying to circumvent that minimum requirement by suggesting that a particular boiler plate wording can replace the information which the Judge says is required to satisfy the minimum requirement of 'Period of Parking'.

The Decision is also helpful to your case when read as a whole because the Judge explains why the previous Judge got it wrong - some of those wrongs are being repeated in BW's assertions - if you can get the Judge to read the whole Decision then he or she will soon see that.


Or better still, have the numbers of the relevant paragraphs of Brennan to hand to refer them to.