Ducking and Weaving Through Car Park Management's Legal Jabs with BW Legal: How to Float Like a Butterfly and Not Get Punched by Parking Penalties!" 🥊🚗💨

In a recent case,  Mr Jackson Yamnba on behalf of Lawrence and Associates Solicitors successfully defended our former  client (“the client”) against Car Park Management Services Limited (“CPMS”) , represented by BW Legal Services Limited (“BW Legal”)  The client, who was both the registered keeper and driver, was issued proceedings for an alleged breach of terms and conditions after stopping for a brief period to collect an item with a poorly drafted particulars of claim by the BW Legal.

The claim lacked crucial information required to substantiate the alleged breach. According to CPR 16.4(1)(e) and Practice Direction 16.7.5, when a claim is based on conduct, the particulars of claim must specify the conduct relied upon, including who, when, and where the acts constituting the conduct were done. In this case, the particulars of claim failed to adequately specify the conduct that led to the breach, thus violating the rules.

Upon assessing the case, we recommended our client to instruct our Solicitor Partner  Lawrence and Associates  to make a strike out application under CPR 3.4(2)(c). The application challenged the insufficiency of the particulars of claim, highlighting the need for compliance with the rules to ensure proportionate costs and enforceable compliance.

BW Legal, representing Car Park Management Services Limited, opposed the strike out application on weak grounds. They argued that the client had knowledge of the case and could have made a Part 18 request if the particulars of claim were insufficient. However, the court categorically rejected this argument, emphasising the duty of the court to enforce compliance with rules, practice directions, and orders.

During the hearing, Mr Jackson Yamba,  successfully argued that the particulars of claim were insufficient to establish a breach of contract. The court, in line with the overriding objective of proportionate costs, agreed with Mr Yamba's submission. Consequently, the claim was struck out, and costs of £840 were awarded against Car Park Management Services Limited.

This case serves as a clear reminder to parking operators, particularly those represented by BW Legal, to ensure compliance with legal rules and regulations. Failure to provide sufficient particulars of claim can result in claims being struck out, potentially leading to financial consequences for them. It is crucial for individuals who receive a claim form from BW Legal or any other parking operator  to seek legal assistance promptly and not settle without proper representation. Lawrence and Associates Solicitors, with Mr Jackson Yamba leading the defence, have demonstrated their expertise in successfully defending clients against such claims.