Received court papers! Advice please.

Batman84

also, this defence statement wotnt fit into the text box on the mcol site but i cant see any information on what to do / where to post etc??

Batman84

that was me trying to follow advice from coupon mad:


You could add two more points under #3:

- the driver has not been identified and nor can the Claimant rely on the POFA Schedule 4

- the Trade Body Code of Practice regarding Grace Periods has been breached.

is that point not relevant? is it not prudent to add the bpa guidance anyway in addition to IPC?


from IPC:


15. Grace Periods
15.1
Drivers should be allowed a sufficient amount of time to park and read any signs so
they may make an informed decision as to whether or not to remain on the site.
15.2
Drivers must be allowed a minimum period of 10 minutes to leave a site after a
pre-paid or permitted period of parking has expired.
15.3
The reference to 10 minutes in 15.2 above shall not apply where the period of pre-paid
or permitted parking does not exceed 1 hour providing that the signage on the site
makes it clear to the motorist, in a prominent font, that no grace period applies on that



Thanks for your help

land.

KeithP

Batman84 wrote: »

also, this defence statement wotnt fit into the text box on the mcol site but i cant see any information on what to do / where to post etc??

Of course it won't fit in the MCOL box.

We know that, as would you if you had read thoroughly post #2 of the NEWBIES FAQ sticky thread and the information linked from it.

As I said earlier, do not rush this.

Make sure you understand what you are doing before doing anything!

Redx

she meant the IPC CoP



as for submissions, you email it to the NEW CCBCAQ email address , once you have printed it , signed and dated it , scanned back to pc and saved into a pdf file


it is then emailed as an attachment


plenty of info on this in other recent defence court case threads


any questions you have are not new, you just havent done enough research due to rushing , take a chill pill

Batman84

Ok, changed s3 to:


[FONT=&quot]
ParkingEye Ltd v Beavis is distinguished
3. ParkingEye Ltd v Beavis [2015] UKSC 67 is fully distinguished from this claim, due to the completely different facts, including but not limited to:
i) There was no parking licence or offer, no consideration followed and there was no contract capable of being breached.
ii) The Claimant did not follow the effectively binding IPC Code of Practice.
iii) The sum claimed is extortionate, and the predatory business model is punitive and unconscionable.
iv) The Claimant has no standing or authority from the landowner.
v) There is no comparable legitimate interest or commercial justification to disengage the penalty rule. [/FONT]
[FONT=&quot]vi) The driver of the vehicle in this case has not been identified at any time and nor can the claimant rely on Section 4 of the Protection Of Freedoms Act.[/FONT]
[FONT=&quot]vii) [/FONT][FONT=&quot]This charge was issued less than 10 minutes after expiry of the ticket. This is in clear breach of the International Parking Community Code Of Practice !!!8220;[/FONT][FONT=&quot]15.2 Drivers must be allowed a minimum period of 10 minutes to leave a site after a pre-paid or permitted period of parking has expired.!!!8221;.[/FONT]






Thanks guys/gals
[FONT=&quot][/FONT][FONT=&quot][/FONT]

Coupon-mad

So now search the forum for the new CCBCAQ email, and OF COURSE the attachment you send to the CCBC must be a signed & dated version.

Batman84

okay goin g to get this printed signed and mailed tday, thanks for all your help folks

Batman84

defence sent to, ccbcaq@justice.gov.uk.


see what happens.

Batman84

UPDATE:


So now we have received a notice from the small claims court asking if we would be willing to use the small claims mediation service to negotiate a resolution.


What are the forums thoughts on this?


Thanks.

KeithP

Again I need to refer you to post #2 of the NEWBIES FAQ sticky thread, and the posts linked from it, for your answer.