Friday, 30 June 2017

BW Legal forget to pay court fee

This thread on MSE gives the full story

Excel claimed a permit was not on display in an ANPR-controlled car park in Wakefield in August 2012. This was pre-POFA 2012, so only the driver can be held liable.

Many years later BW Legal took up the reins and filed a court claim.

The defence was that BW/Excel have not provided proof of the driver, have not provided proof of the lack of display of parking permit and have not stated that the parking fee was not paid.

BW Legal filed their bundle late, and claimed that Elliot and Loake and CPS vs AJH films meant that the keeper was liable. Of course, this has been rubbished many times by judges, so they had little chance of winning; still, sometimes judge bingo means that they will hit lucky and get a judge who does not understand the issues.

As it happens, they forgot to pay the hearing fee, so the claim was struck out.

Usually when this happens the defendant's full costs are payable. The Prankster suggests the claimant writes to the court to ask for their costs.

Courts are getting stricter and it is now common for a claim to be struck out if the hearing fee is not paid.

Happy Parking

The Parking Prankster


  1. a permit was not on display in an ANPR-controlled car park

    clever ANPR camera,s?

    1. This is due to Excel's poorly worded PCNs, which always claim the charge is for not displaying a ticket. DoH