Help with cases for a defence

MissAuk

I have spent hours looking through various forums but am still rather lost on which cases to cite in a defence for the following two points:

1. What cases are relevant in proving there is no contract in a free car park?

2. What cases to cite for non-existent signage at the entrance to a car park?

I am at the stage of writing a defence for a PE county court claim which I need to send ASAP and could really do with some advice.

Guys_Dad

Don't understand the question.

MissAuk

The question is which cases should I cite in my defence statement to support the above 2 points?

Guys_Dad

Do you mean precedent cases heard in the court of appeal? Or are you asking people to trawl through this forum for relevant threads?

spacey2012

To what point have you communicated with them already ?
Have you made any admission you were involved in what they alleged to them ?

MissAuk

Yes, precedent cases. I have found Vehicle control services v HMRC but wondered if there are a standard group of cases that people use to explain that there is no contract?

Also, I can't find any cases that support the fact that there were no signs at the entrance or on one side of the car park (insufficient signage).

Any suggestions would be appreciated.

I haven't corresponded with PE previously as I just received one letter from them and no LBA but have now received a county court claim form.

MissAuk

I should add that I have written a draft defence from reading this forum but do not have cases to support these two statements.

Guys_Dad

You will only find precedent cases in the appeal court and the reason you can't find others apart from vcs - v - hmrc is that no private motorist has the financial resources to mount a case through appeal. And of course that case wasn't about parking.

However, if you are saying that there were no signs at the entrance, then you need look no further than the BPA web site and the BPA code of practice here http://www.britishparking.co.uk/write/Documents/AOS/AOS_CoP_June_2013_update.pdf

spacey2012

BPA rules are not law or legislation just guidelines.
Select defend case by logging in and that gives you 28 days.
If they have not issued any LBA and one is not listed in their evidence bundle then a very simple oral defence at the hearing that they have failed to cooperate with Pre action protocols which has prevented you from issuing a defence as you can not defend something they have not provided any information about, I would not go beyond this .
If the judge rules against, appeal, you can not be expected to issue a defence against a random set of court papers with no supporting evidence.

maninthestreet

It sounds like the OP is taking a speculative invoice from a PPC way too seriously....

Guys_Dad

spacey2012 wrote: »

BPA rules are not law or legislation just guidelines.
Select defend case by logging in and that gives you 28 days.
If they have not issued any LBA and one is not listed in their evidence bundle then a very simple oral defence at the hearing that they have failed to cooperate with Pre action protocols which has prevented you from issuing a defence as you can not defend something they have not provided any information about, I would not go beyond this .
If the judge rules against, appeal, you can not be expected to issue a defence against a random set of court papers with no supporting evidence.

If OP wants precedents, there aren't any.

If she wants to use No Entry Signs, the best reference is the PPCs own Trade Union that says they have to.