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DEAL have bottled it it!
worried_jim
Posts: 11,631 Forumite
Happy Days! Just received this from DEAL/CEL-
Court case was set for about two weeks time, since getting the ticket over two years ago I have never contacted them, and ignored everything. I had heard nothing for nearly two years then the court papers arrived late last year which I responded to stating my intention to defend myself.
I was then offered mediation which I declined as I was quite happy to tell them to get stuffed in court.
This is the defence I filed, feel free to adopt and use if you want as it appears to be successful- I got most of it from http://forums.pepipoo.com/
CEL was a mere contractor and never had the legal capacity to offer contracts.
No consideration was passed by CEL and no contract could have existed.
The "debt" was not unequivocally assigned. CEL retained an interest in it - DEAL may not take legal action independent of CEL.
I have no idea if I was the driver on a routine visit to a supermarket two years ago.
I deny that the signs were clear and visible.
Even if I had been the driver and seen the signs, I would not have agreed to pay £90 to park.
The signs didn't offer a contract at all. Their primary purpose was to discourage certain conduct and the amount is therefore a penalty.
The claim doesn't disclose what conduct is complained about and therefore discloses no cause of action.
CEL never had any interest in the location and cannot bring a claim for trespass.
"Allowing" a vehicle to remain in a free car park when CEL has no capacity to offer the parking is not consideration.
The named solicitor does not exist on the solicitors' register.
The defendant has the reasonable belief that the £50 solicitors fee was not incurred.
If someone understands from the entrance that the car park is free, and is in the mindset that the car park is free, they won't go hunting around for signs that indicate otherwise.”
I was looking forward to my day in court and have spent some considerable time preparing, although I doubted that they would ever go through with it. I had actually set aside the money in case I lost and I am now off to the dog track tonight to celebrate and guess what, I will be parking in the very same car park!
Big thanks to all those that have offered me help and advice, I shall raise a glass for you!
Court case was set for about two weeks time, since getting the ticket over two years ago I have never contacted them, and ignored everything. I had heard nothing for nearly two years then the court papers arrived late last year which I responded to stating my intention to defend myself.
I was then offered mediation which I declined as I was quite happy to tell them to get stuffed in court.
This is the defence I filed, feel free to adopt and use if you want as it appears to be successful- I got most of it from http://forums.pepipoo.com/
CEL was a mere contractor and never had the legal capacity to offer contracts.
No consideration was passed by CEL and no contract could have existed.
The "debt" was not unequivocally assigned. CEL retained an interest in it - DEAL may not take legal action independent of CEL.
I have no idea if I was the driver on a routine visit to a supermarket two years ago.
I deny that the signs were clear and visible.
Even if I had been the driver and seen the signs, I would not have agreed to pay £90 to park.
The signs didn't offer a contract at all. Their primary purpose was to discourage certain conduct and the amount is therefore a penalty.
The claim doesn't disclose what conduct is complained about and therefore discloses no cause of action.
CEL never had any interest in the location and cannot bring a claim for trespass.
"Allowing" a vehicle to remain in a free car park when CEL has no capacity to offer the parking is not consideration.
The named solicitor does not exist on the solicitors' register.
The defendant has the reasonable belief that the £50 solicitors fee was not incurred.
If someone understands from the entrance that the car park is free, and is in the mindset that the car park is free, they won't go hunting around for signs that indicate otherwise.”
I was looking forward to my day in court and have spent some considerable time preparing, although I doubted that they would ever go through with it. I had actually set aside the money in case I lost and I am now off to the dog track tonight to celebrate and guess what, I will be parking in the very same car park!
Big thanks to all those that have offered me help and advice, I shall raise a glass for you!
0
Comments
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contact the court to check , they have a nasty habit of telling lies0
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enfield_freddy wrote: »contact the court to check , they have a nasty habit of telling lies
I will do.
I do have a copy of the N279 form. I cant see the court being impressed if this is just a bluff.0 -
I wonder what clinched it, I suspect that it was the non-existent solicitor.You never know how far you can go until you go too far.0
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Send them a letter before actuion for your preparation time back at the court approved rate of £18/hour, then follow it up with a claim, because they've clearly been wasting your time.0
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Send them a letter before actuion for your preparation time back at the court approved rate of £18/hour, then follow it up with a claim, because they've clearly been wasting your time.
Would I send this direct to deal or to the court and is there an approved or good template to do so?0 -
LBA goes to DEAL, as it is DEAL you will be claiming against. An LBA is a recommended step in the Practice Direction on Pre-Action Conduct in the Civil Procedure Rules prior to raising an actual claim.
There are plenty of LBA templates if you search.0 -
Just to update- I called the court and surprise surprise they haven't received N279. I will re check today.0
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very similar to this
http://parking-prankster.blogspot.co.uk/2015/03/deal-fail-to-turn-up-judge-awards-costs.html#comment-form
act dumb , turn up as requested by the court , don,t forget your claim for time etc , inc the court date0 -
Surely this is an attempt at fraud or would it not be possible to actually prove it?I'd rather be an Optimist and be proved wrong than a Pessimist and be proved right.0
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letters lost in the post ,,0
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