Gladstones court letter please help

edited 30 November -1 at 1:00AM in Parking Tickets, Fines & Parking
19 replies 428 views
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  • KeithPKeithP Forumite
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    Part of the Furniture 10,000 Posts Name Dropper
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    https://ibb.co/b6jMg8

    That sign is poor.

    1) the £100 fee is not prominent.

    2) charging an extra £5 if paying by credit card is not allowed.

    3) an 0845 telephone number for 'post contract enquiries' is not allowed.
  • edited 31 July 2018 at 3:59PM
    twhitehousescattwhitehousescat Forumite
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    edited 31 July 2018 at 3:59PM
    dependent on the outcome of this case (and the others) you will be taking the estate agent to court to recover your costs

    the estate agent should be called as a witness in your case

    if he states in court that parking was provided , you walk , if he states that no parking is provided , you sue the %^&* off him in court at a later date
  • sam2412sam2412 Forumite
    10 Posts
    Thank you Keith

    Can you please direct me to a place with a template to use for the defence, then I will post it here? Also when I mention the points you gave, do I need any evidence or law to quote from? Or can I just state the same way you did that they cannot charge the £5 nor use an 0845 number.

    Other points if you could guide me, do you think they're valid?

    a) The claimant’s notices attempt to make a forbidding offer, which isn’t an offer at all, therefore no contract exists.
  • sam2412sam2412 Forumite
    10 Posts
    The problem is none of his guarantees that we will have parking were in writing, he said it on the phone 3-4 times and confirmed. Now that guy has left the company too.
  • twhitehousescattwhitehousescat Forumite
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    sam2412 wrote: »
    The problem is none of his guarantees that we will have parking were in writing, he said it on the phone 3-4 times and confirmed. Now that guy has left the company too.


    and you "believed" an estate agent?
  • sam2412sam2412 Forumite
    10 Posts
    Yes unfortunately ...

    Can someone guide us to a template for our defence please?
  • SystemSystem Forumite
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    The template will depend on not what was said but what was written down, Is there anything in print or a letter or an email that indicates parking was included. If so the defence is "estoppel"
  • sam2412sam2412 Forumite
    10 Posts
    Unfortunately we don't have anything at all written about parking, it was said in person and on the phone when we had viewed the flat.

    Do we have a case just by mentioning how the parking sign is unclear, and could someone guide us on which template to use for that please?
  • edited 2 August 2018 at 8:37AM
    SystemSystem Forumite
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    edited 2 August 2018 at 8:37AM
    Unfortunately we don't have anything at all written about parking,

    You can still claim "estoppel" but it is more difficult to prove and will come down to the credibility of the parties. Put it in as 'you were led to believe verbally (estoppel)' and then explain what happened when you found out the promise was not true. That then splits the problem between tickets you had when you thought you had parking, and tickets you got when it was made clear (by the tickets) you didn't.

    You might also want to build on the above using a "stop-loss" approach and admit to x number (after you were made aware) but refute the others that were issued when you thought you had parking. This then reduces your exposure to the total sum and gives you room to challenge costs / mitigate the total to be paid.

    It's not a common approach here and it tends to be all or nothing using a template which may or may not work.
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