KBT CORNWALL LTD T/A ARMTRAC SECURITY SERVICES REPRESENTED BY BW LEGAL ORDERED TO PAY £1,620.16 ON COSTS

KBT Cornwall Ltd t/a Armtrac Security Services, badly advised has been ordered to pay £1,620.16 on costs as a result of a frivolous and vexatious claim brought against our client.

In a nutshell, our client was the registered keeper and his vehicle was driven by a third party.  The driver purchased a valid Pay and Display but was unfairly issued with Parking Charge Notice by Armtrac Security Services.  

Proceedings was issued by BW Legal and we assisted our client in drafting a robust defence. Despite the defence, Armtrac Security Services, persisted with the claim.  The claim was brought against our client as the registered keeper despite the fact that the conditions set out under Schedule 4 para 4 Protection of Freedoms Act 2012 (POFA) were not met. Following this, our experienced legal team recommended our client to instruct our solicitor Partners, Lawrence and Associates for an application to strike out and summary judgment.

The application for summary judgment was listed for a trial before the County Court at Truro on 08/08/2022.   After hearing both side of the arguments, the Court finally granted our client a summary judgment against Armtrac Security Services and they were ordered to pay our client’s costs of £1,620.16.

WHAT IS A SUMMARY JUDGMENT?

A Summary judgment is a civil procedure by which the Court grants a judgment against one of the parties; claimant or defendant on whole of claim or defence to the claim,  or  a particular issue in the claim or defence to claim if there is no real prospect of success on the claim, defence to the claim or particular issue in the claim or defence and there is no other compelling reasons for a trial  Pursuant to PD 24.1.3, summary judgement may be premised both on point of law and on the evidence reasonably  expected at trial (or absence thereof).

WHEN IS SUMMARY JUDGMENT CAN BE MADE ?

The summary judgment application can be made at anytime before or after the claim has been allocated.  It is appropriate to make the application where there were no complex legal or factual issues as the Court cannot conduct a mini trial.

HAVE YOU RECEIVED A PARKING TICKET FROM KBT CORNWALL T/A ARMTRACT SECURITY SERVICES?

UNSURE HOW TO DEAL WITH THE CHARGES ?

PLEASE FEEL TO CONTACT OUR EXPERIENCED LEGAL TEAM AS SOON AS POSSIBLE