Court Claim from PCM/Gladstone

Coupon-mad

Are either of these points relevant if I am using point 8 from other suggested defences?
6. Alternatively, even if there was a contract, the provision requiring payment of £XXX is an unenforceable penalty clause.

7. Further and alternatively, the provision requiring payment of £XXX is unenforceable as an unfair term contrary to the Consumer Rights Act 2015.

Yes they can be included, and explained more later at the witness statement stage.

BandB58

Yes they can be included, and explained more later at the witness statement stage.

Thank you. Would you say the rest of the defence is ok, particularly section 5 which I have tried to word appropriately?

Coupon-mad

Yes, I liked that, and even just used your 5v to show another poster what to write about Beavis!

BandB58

Yes, I liked that, and even just used your 5v to show another poster what to write about Beavis!

Great and glad it was useful, although can't take full credit as some of the wording was from another thread.

Do you have any other feedback on the full defence? .... Keen to get it sent off asap

Coupon-mad

Looks good to go. Be confident!

BandB58

Coupon-mad wrote: »

Looks good to go. Be confident!

I've just had two other thoughts which I'd welcome clarification on:

1. The location stated on the claim form and the original PCN states 'Salisbury Village' as the site, which I believe is what the wider area is known as locally, but the actual road the vehicle was parked on has a different name...let's just say 'XXX Road' - is this also worth mentioning in the Defence / does it make a material difference?

2. The wording on the signage at the site states "by parking or remaining at this site otherwise than in accordance with above you, the driver, are agreeing to the following contractual terms:" - I just want to check this is standard wording and is the reason for them not being able to pursue the Keeper if the Driver isn't identified or is this wording even more in favour of the Defendant because it explicitly says the Driver is responsible?

Thanks as ever for the help

KeithP

That wording is there simply because it is only the driver that is capable to agree a contract at the time of parking.

They cannot have a sign which forms a contract with the keeper can they? It is only the driver that can agree a contract.

If you want to talk about transfer of liability from driver to keeper then that is something else.

BandB58

That wording is there simply because it is only the driver that is capable to agree a contract at the time of parking.

They cannot have a sign which forms a contract with the keeper can they? It is only the driver that can agree a contract.

If you want to talk about transfer of liability from driver to keeper then that is something else.

Thanks Keith, makes sense and was probably a brain fade question after a long day!

What about the point ref named location being different to the actual road name where the vehicle was parked? Does this have any relevance or not worth adding to the Defence?

Coupon-mad

Yes mention it where you say how sparse the particulars are.

BandB58

Yes mention it where you say how sparse the particulars are.

Will do, thanks.