Irrelevant Defences and How To Avoid Them

Umkomaas

emski15 wrote: »

How do I start my own thread? Really struggling to figure all this out.

Go to the forum thread list, one page back from this one. Go to top of that page and scroll down a couple of inches (sorry, only deal in old money) and there's a red button on the l/h side just above the start of the forum thread list. Press that.

pogofish

KEKL - You really need to read the Newbies Sticky carefully, then start your own thread - with a bit more info for that kind of help.

Hijacking a discussion thread isn't the way forward here.

Quentin

You won't get any replies here.


Everyone is asked to first read the newbies faq thread near the top of the forum before posting.


Court claims and how to defend them is comprehensively covered there


If you need further advice then start a new thread

Finglish2002

Hi.
How valid is saggi's defence now given we are in the same boat?. I am about to file the N244 and witness statement. We have used saggi's arguments but your thoughts may differ? Can i post our witness statement for review and comnent?

Martin101

Part of my defence is that the photo is very very dark and the number plate in not included and it is in fact so dark to say whether it had a permit displayed or not would be very difficult - does this have legs?

Coupon-mad

Yes definitely.

bmc1605

hi,

In relation to the comment about Unfair Contracts, has the following piece of official guidance been tested before?

Guidance from the Department of Transport via their official document, ‘Guidance on Section 56 and Schedule 4 of the Protection of Freedoms Act 2012: Recovery of Unpaid Parking Charges’ states:
- In Section 7.1: clear signage in the car park can allow the establishment of a “contract to park” between the landowner and a driver.
[FONT=&quot]- In Section 7.2: If the signage is insufficient, the contractual term is not fair, and thus the premise noted in Section 7.1 is invalid and “cannot be relied upon to enforce a parking charge”.

My friend is in dispute regarding a UKCPM/Gladstones 'ticket' for supposedly not using a valid permit. The companies in the building were issuing white permits (which UKCPM/Gladstones have not specifically said was invalid) which the building management confirmed were valid. The signage only mentions Blue and Red permits, so is clearly inconsistent with the permits being issued.

Has this any weight as an argument?

Thanks.
[/FONT]

KeithP

bmc1605 wrote: »

In relation to the comment about Unfair Contracts, has the following piece of official guidance been tested before?

Yes, many times.
It is included in the BPA initial appeal template and almost always included in any PoPLA appeal.

Now ask the question, or perhaps the next question, on your own thread.

Coupon-mad

Yes it's a fundamental principle of contract law and is in the Consumer Rights Act 2015 which is even more official & recent.

question1

I followed advice I had read on here to dispute an parking fine from PCM on the grounds it was excessive. I used the template letter, and have now got back a rejection letter from PCM Ltd (as expected) telling me to look up the Bevis vs ParkingEye case.

In this thread, which I've only just found, it advises against that. But what happens if I have tried that and its been rejected. What's the best course of action now?

In my case the situation is I parked in a private car park that I am entitled to free parking in as I am a member of the gym in the building.
As its January, the gym is packed out, meaning the gym's allocated parking spaces were full, so I parked in one of the many free spaces.
The car park is underground in London for offices, gym and residence in the building directly above.
I had parked in one the of office spaces that we empty and 2 spaces along from the gym allocated spaces at 6.30pm, so after the majority of office workers had gone home, hence all the free spaces.

Many thanks in advance for any help!