"Delivering a £550 Knockout Blow: Triumphing Over NCP in a Legal Showdown with BW Legal at Southend County Court"

We are thrilled to share news of a significant triumph at the County Court in Southend. Our client faced a claim from NCP over unpaid parking charges, where the Notice to Keeper was issued nearly three months after the supposed violation—a clear oversight.

Mrs. Downs, the defendant, sought our legal expertise. After evaluating her situation, we advised instructing our solicitor partner Lawrence and Associates Solicitors to file for a strike-out application and summary judgment. Our recommendation was based on the lack of substantial grounds for the claim, compounded by the inadequately drafted particulars of claim by BW Legal, and the fact that our client was not the driver at the time of the alleged incident.

During the final hearing, despite BW Legal's intentions to contest the application, they were met with the formidable representation of Mr. Jackson Yamba for the defense. Mr. Yamba skillfully argued that there was no legal requirement or obligation for the driver to identify themselves, nor could any negative inference be drawn from our client's refusal to engage with the claimant's legal team. He further highlighted the absence of evidence pinning our client as the driver, a fact she affirmed in her witness statement.

BW Legal's attempt to frame the driver's identity as a matter for trial was expertly dismantled by Mr. Yamba. He pointed out that the defendant had clearly stated her intention not to attend the final hearing, invoking notice under CPR 27.9.

Adding to BW Legal's challenges, they struggled to reference specific details from a case they intended to cite, leading to an embarrassing moment in court. Mr. Yamba, familiar with the case from previous experience, clarified that it had been misquoted, further weakening BW Legal's position.

Ultimately, the court sided with Mr. Yamba's arguments, opting for a strike-out or, alternatively, summary judgment, and mandating NCP to cover the defendant's legal costs of £550.

Have you received a parking ticket that falls short of the standards set by the Protection of Freedoms Act 2012? Don't hesitate to reach out to us for legal support