Being taken to small claims court for a parking fine where I paid for the parking

[burnt24shes]

I paid for parking in a car park in in 2020 and received a PCN. I ignored the fines and then received letters from BW Legal. I contacted Bw legal and provided them with evidence of my ticket, hoping the case would be dropped but soon after received a court letter. I again contacted Bw legal asking for a response about the evidence provided and I was told that I left the car park 54 seconds after my ticket had expired.

I now need to create a defence, and this is what i was written so far. Any support with what to write would be much appreciated. Also is it worth counterclaiming, due to the stress and anxiety they have caused. If so, how would I write a counterclaim?

Thanks in advance



Defence Statement




I assert that I am not liable to the Claimant for the sum claimed, or any amount at all for the following reasons:




1. There was no sufficient grace period offered to the Defendant as per the BPA AOS Code of Practice (of which Premier Park LTD is a member of) recommend a grace period of 10 minutes to read terms and conditions. As there are no adequate signs outside the building, the Defendant had no reason to believe a charge started from the time entered in the car park. BW Legal informed me that Premier Park LTD issued the defendant with a PCN for leaving the car park at 15:54:54, 54 seconds after the ticket had expired (assuming the ANPR equipment has been properly maintained and serviced). The defendant has the ticket as evidence.




2. Inadequate signage though-out the car park, advising the entry into a contract therefore no contract was agreed by the Defendant and also using forceful letters to the defendant clearly breaches the BPA Code of Practice !!!8211; heading 9.5 !!!8216; You must not use predatory or misleading tactics to lure drivers into incurring parking charges. Such instances will be viewed as a serious and sanctionable instance of noncompliance and may go to the Professional Conduct Panel!!!8217; The entrance to the car park has a strict one way system that drivers have to follow upon entry forcing the car into the ANPR trap. Once inside the car park, the parking sign is very hard to understand. The parking is charged at £2 per two hours.




4. No authority from the land owner to the Claimant have been sent to the Defendant confirming the legality of the claim and charges. In the absence of strict proof of the land owners authority I submit that the Claimant has no grounds for a case at all and invite the court to strike out the claim.

[ostell]

BPA Code of Practise 13.3, a minimum grace period of 10 minutes when leaving.

However you stopped oarking and left the parking spot several minutes before the time noted by the camera.

[burnt24shes]

BPA Code of Practise 13.3, a minimum grace period of 10 minutes when leaving.

However you stopped oarking and left the parking spot several minutes before the time noted by the camera.

Would this be enough for the claim to be dropped

[ostell]

The Code of Practise was mentioned in the Beavis appeal. The judges did say that the Code of Practise should be conformed to by the operators.

In your case the parking did stop some time before the camera recorded the event. You must mention that.

[burnt24shes]

This is what I have so far for my defence

On arrival at the car park, the Defendant paid £2 to cover 2 hours of parking. The defendant followed the instruction on car park signage and the payment instruction as per the signage.



Despite the Defendant abiding by the car park terms, the Defendant was issued with a PCN. Upon request by the defendant, BW Legal informed the defendant that Premier Park LTD issued the PCN for leaving the car park at 15:54:54, 54 seconds after the ticket had expired (assuming the ANPR equipment has been properly maintained and serviced). However, the defendant had stopped parking and left the parking spot several minutes before the time noted by the camera. The Defendant would like to put them to strict proof that the times on the ANPR system and their parking machines is completely synchronised.



The Vehicle Registration Mark on the ticket precisely matches the vehicles VRM. The claimant is somehow claiming there is no record of payment, despite the payment ticket being proof otherwise and thus indicating an error on their part, one for which the defendant can have no liability.



There was no sufficient grace period offered to the Defendant as per the BPA Code of Practice (of which Premier Park LTD is a member) recommend a minimum grace period of a 10 minutes when leaving. The defendant has the ticket as evidence.