Can I ask a silly question....?

bazster

Gemlou wrote: »

Is that because even though the signage states contractually agreeing to the fee the letter cites breach of contract? You can't do both surely?!

You learn fast Grasshopper!

Gemlou

I've been doing my homework! Can I include a point about the contradictory wording as an attempt to disguise the charge as a contractually agreed fee therefore avoiding the necessity of having to justify their gpeol when the charge is in fact punitive and therefore unreasonable or should I just go for the gpeol arguement based on the wording of the refusal letter?

Gemlou

Also, again I have no idea whether it's relevant but the photo they sent of a sign on a wall was not taken anywhere you would see it driving to our part of the development. I think it's from another part altogether (if it's not a photo taken somewhere else entirely). The only signs you would see are the one up the lamp post on the opposite side of the road as you drive in

i1370.photobucket.com/albums/ag265/gemlou7/Mobile%20Uploads/image_zpsa8aac7fc.jpg

And the smaller one on the bollard that I posted earlier. I haven't included anything about signage on my draft which is nearly ready so if I should then let me know.

Dee140157

[url]Http://i1370.photobucket.com/albums/ag265/gemlou7/Mobile Uploads/image_zpsa8aac7fc.jpg[/url]

Dee140157

Always include a point about non compliant signage. Remember the onus is on them to prove it is compliant, not to you to prove it isn't, although high up, really small print etc all help prove it isn't compliant!

Gemlou

Will do, thank you. I'm going to owe a lot of people a drink if I win this! I'll add that bit and post the draft.

tykesi

Gemlou wrote: »

Will do, thank you. I'm going to owe a lot of people a drink [STRIKE]if[/STRIKE] when I win this! I'll add that bit and post the draft.

Fixed that for ya

Gemlou

Gemlou wrote: »

Can I include a point about the contradictory wording as an attempt to disguise the charge as a contractually agreed fee therefore avoiding the necessity of having to justify their gpeol when the charge is in fact punitive and therefore unreasonable or should I just go for the gpeol arguement based on the wording of the refusal letter?

Is this worth including or is it better to keep it simple?

Gemlou

Ok, I've done the section on gpeol and would really appreciate your feedback before I tackle contract and signage so I know I'm on the right track. Just worried it's getting a little like war and peace! I'll copy and paste it.

Coupon-mad

https://forums.moneysavingexpert.com/discussion/4999986

Just to keep the thread updated, the POPLA appeal has been submitted and will win, we predict, some time in early August!