BW Legal - County Court Claim Form

[Guest]

Hi, hope you are are well. I'm looking for advice on how to handle a claim.

My mother moved to a newly built house in 2012. An indoor car parking space was included in her rent via a weekly service charge which she has been paying to this day. A garage key fob and permit card was supplied in the move-in package. We haven't had a car until 2017 and had misplaced the permit card.

I contacted the housing association who stated that they no longer have the records of the bay allocations as they were left with the previous manager of the parking agency. The parking agency were also unable to tell us which bay belonged to us. Got fed up of running around in circles so we began to park the vehicle in a bay which no one used. No other vehicle in the lot are currently displaying permits.

A Parking Charge Notice from Link Parking Limited was left on the vehicle on 21/08/2019, I stupidly ignored it and was issued a county court claim form from the County Court Business Centre in Northampton, requesting £250.

I have acknowledged the claim but am unsure on the next steps to take and who to contact. I would really appreciate any advice offered.

Apologies if I have made any mistakes (it's late and whole situation has me stressed out), please let me know if further information is required. Thank you.

[Lv426]

Here is the Particulars of Claim if it helps.

[ostell]

So your defence is that you are already paying for parking and have no need for a contract with a third party stranger.

Get out the rental agreement and the parking contract to see what they say about permits

you need to get your defence to the court within 33 days from date of issue

[Lv426]

So your defence is that you are already paying for parking and have no need for a contract with a third party stranger.

Get out the rental agreement and the parking contract to see what they say about permits

you need to get your defence to the court within 33 days from date of issue

Hi Ostell.

The rental agreement makes no mention of the parking permits, it just states that a parking space is included in the weekly service charge. The fob and permit was given when we had moved in to the address.

To know if they have any evidence against me, I'd like to write a letter to BW Legal as the Particulars of Claim doesn't mention any documents. Is there any point requesting this information or will they just forward the parking agreement (signs put up in the car park).

Would there be any point in sending a SAR letter? They would have a month to respond and I only have 23 days to remaining.

Thanks. I've spoken with new manager of the parking agency and he states that the basement parking is privately owned while the ground floor parking is where I should be. My mother has been given the wrong key fob in her move in package.

[ostell]

You send a letter to BWL telling them that you require copies of all documents that they intend use in court in order to narrow the issues between you as expected by the courts. As they must have the documents in hand in order to raise the claim you expect them by return or in any case within 7 days.


SAR to Link parking