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civil enforcement ltd - LBA and claim form

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  • Coupon-mad
    Coupon-mad Posts: 152,819 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 14 February 2016 at 11:17PM
    Kgf1982 wrote: »
    I am asking whether anyone has been in a similar position with receiving no PoC and how they proceeded.
    I believe once acknowledged, you should submit a defence in time, to avoid the unfair possibility of losing by default if you 'miss' the defence deadline. So you could put together the usual sort of bullet point defence for parking cases, such as:

    - this case can be distinguished from ParkingEye v Beavis [2015] UKSC 67 due to the facts and the Claimant's lack of locus.
    - no contract nor offer by the parking company because the terms relating to parking as described are forbidding.
    - no consent to pay the charge which is hidden in unclear, inadequate signage.
    - surcharges and debt collection costs were not stated on the signage.
    - POFA 2012 breaches - no keeper liability can apply adn the driver from three years ago has not been evidenced.
    - BPA CoP breaches: such as no grace period allowed, signs not compliant and the sum pursued exceeds £100.
    - no standing of the Claimant
    - no GPEOL nor legitimate interest to allow such a disproportionate parking charge.
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