Help with cases for a defence

MissAuk

Thank you for your advice. I was just trying to put together a substantial defence in the hope that PE won't proceed with the court hearing.

hitman126

@MissAuk, you're not alone in this. I have just this afternoon also submitted my defence on MCOL, having read through various threads and extracting the various bits of useful information other users might post or suggest.

As @Guys Dad states, you're highly unlikely to find any precedent cases in the public domain as most private motorists will not have the financial resources or find it worthwhile to pursue that course of action. What you should however look for are practical arguments for your defence, many of which other users on these forums can refer you to through their personal experiences.

In my case, the first advice I acted on promptly was to get the Supermarket/Shop/Landowner to provide me with a written statement confirming they had instructed the parking company cowboys to cancel my PCN.

Coupon-mad

MissAuk wrote: »

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.

This first links are to POPLA appeals not a defence, but these two examples have BPA signage rules & case law and UTTCR 1999 (all relevant to any defence, IMHO):

https://forums.moneysavingexpert.com/discussion/4695227

https://forums.moneysavingexpert.com/discussion/4632455

and here's a defence showing the motorist's arguments and then the Particulars of Claim rebutted one by one, which is imperative:

https://forums.moneysavingexpert.com/discussion/comment/63516700#Comment_63516700

and see post #17 here by nigelbb:

http://forums.pepipoo.com/index.php?showtopic=80590

and nigelbb again with useful words from the Office of Fair Trading which can be cited in conjunction with the argument that it's an unfair/unenforceable charge:

https://forums.moneysavingexpert.com/discussion/comment/63327422#Comment_63327422

and this summary on what you have to do and by when, re your acknowledgement and skeleton defence, posted by retired Solicitor zzzLazyDaisy:

https://forums.moneysavingexpert.com/discussion/comment/63254977#Comment_63254977

AND AGAIN RECENTLY:

https://forums.moneysavingexpert.com/discussion/comment/63488451#Comment_63488451

and my post (as SchoolRunMum on pepipoo, post #44):

http://forums.pepipoo.com/index.php?showtopic=79937&st=40

and these links should help too I hope, read right down to the end of each thread & follow links in advice given:

http://forums.pepipoo.com/index.php?showtopic=79570 (e.g. go to anon45's advice in post #12)

http://forums.pepipoo.com/index.php?showtopic=83937

http://forums.pepipoo.com/index.php?showtopic=82062

http://forums.pepipoo.com/index.php?showtopic=83147

https://forums.moneysavingexpert.com/discussion/comment/62405907#Comment_62405907

http://forums.pepipoo.com/index.php?showtopic=81957

https://forums.moneysavingexpert.com/discussion/4731184

https://forums.moneysavingexpert.com/discussion/4730977

https://forums.moneysavingexpert.com/discussion/4779596

http://www.smallclaimsrus.co.uk/guides/SKELETON_ARGUMENT.pdf

And as well as the UTCCR 1999 there is also the CPUTR 2008 to read up on and cite in your more detailed defence if they do pay a hearing fee. A Judge won't do it for you if it goes to a hearing, but I agree with you, I always suggest newbies aim to make their case too much of a 'hot potato' for the PPC to bother with choosing for an actual small claim, when push comes to shove.

And do not discount a seriously annoyed complaint to the landowner/retailer even at the eleventh hour (but be ready to decline PE's well-known sneaky 'without prejudice' letter in response to a cancelled fake PCN, suggesting you might like to contribute £50 to their office Christmas jolly!):

https://forums.moneysavingexpert.com/discussion/comment/62837690#Comment_62837690


HTH