Small Claims Hearing HELP!!

nosferatu1001

How about you read the damned t and c yo usigned up to FIRST? Rather than potentially exposing this board to your legal troubles?

Yes, we literally mean you hcange HTTP to read HXXP. It is no longer a link and the board will allow you to post it.

ActuallY C-M was being serious
Youve entered into a contract, only you know the terms of it, and only you can verify it. So, you either look up your t and c, get the company you have contracted with to look at this thread, or work out another useful action. But yo ucannot expect us to assume the legal position you have ais a sound one.

deedot27

Coupon-mad wrote: »

DO NOT show us a defence written by a company who sue people for fun (assuming we are talking about the same company).

Ok so why don't we clear up the assumption by me putting the company name down for you to see and then deleting once you have seen it, so that other newbies do not get confused and use them...???
That way we can clear assumptions about which company is being discussed.

deedot27

nosferatu1001 wrote: »

How about you read the damned t and c yo usigned up to FIRST? Rather than potentially exposing this board to your legal troubles?

Yes, we literally mean you hcange HTTP to read HXXP. It is no longer a link and the board will allow you to post it.

ActuallY C-M was being serious
Youve entered into a contract, only you know the terms of it, and only you can verify it. So, you either look up your t and c, get the company you have contracted with to look at this thread, or work out another useful action. But yo ucannot expect us to assume the legal position you have ais a sound one.

No problem

I can do that

Like I keep saying I'm just looking for help. So I am taking advice as it comes, getting clarification for the exact purposes of not getting myself or anyone in trouble. So if my constant questions are bothersome that is not the intention.

I believe I am writing and questioning with courtesy and would appreciate a similar rapport from those posting to help me.

Thanks

The_Deep

I am confused! Is there no private parking appeals company worth its salt?

This is an entirely unregulated industry which is scamming the public with inflated claims for minor breaches of contracts for alleged parking offences, aided and abetted by a handful of low-rent solicitors.

Parking Eye, CPM, Smart, and another company have already been named and shamed in the house as have Gladstones Solicitors, and BW Legal, (these two law firms take hundreds of these cases to court each week, hospital car parks and residential complex tickets have been especially mentioned. They lose most of them, and have been reported to the regulatory authority by an
M.P. for unprofessional conduct

The problem has become so widespread that MPs have agreed to enact a Bill to regulate these scammers. Watch the video of the Second Reading in the House of Commons recently

http://parliamentlive.tv/event/index/2f0384f2-eba5-4fff-ab07-cf24b6a22918?in=12:49:41

and complain in the most robust terms to your MP. With a fair wind they will be out of business by Christmas.

Coupon-mad

Right tell us the company name, then delete it as we don't want people following that route.

Coupon-mad

At least you appear to have chosen a firm with some limited success, not like we have but nowhere else gets 99% wins!

I still say do not reproduce company IP without checking with them first. Some of those firms can be ultra aggressive.

deedot27

Coupon-mad wrote: »

Not this then?

No. Different company

You appear to have chosen a firm with some limited success, not like we have but nowhere else gets 99% wins! I still say do not reproduce company IP without checking with them first.

Thank you for taking time to check and respond. I have now deleted the message as mentioned.

I will give the company a call and explain to them my intentions. I have read through the terms and conditions and there is no mention of use of Intellectual Property.

This process sadly has been going on for over 1 year and I remember once calling the company and asking for correspondence sent to the solicitors (Gladstone). They said due to intellectual property they couldn't send me those correspondence.
I want to believe that since they sent me the defence then it is something I can share in order to get more advice.

I will give them a call and provide update on what they say.

In the meantime I don't think it can be a breach to summarise here what was written in the defence....

Contract formation and agreement to pay, plus agreement to pay additional and unspecified additional sums were denied. Terms and conditions were not prominently displayed. non compliance with obligation in accordance with schedule 4 of the protection of freedoms act 2012, IPC/BPA code of practice, civil procedure rules, and also proof of assertions.

Again this is just a summary of what was put in the defence.

I hope to be able to post the full 2page document soon, once i've spoken with the company as you advised.

Thank you again for you help.

deedot27

Coupon-mad wrote: »

At least you appear to have chosen a firm with some limited success, not like we have but nowhere else gets 99% wins!

I still say do not reproduce company IP without checking with them first. Some of those firms can be ultra aggressive.

Hello

Sorry I have been dealing with some personal difficulties and have only been able to get back on this issue. I hope you are still able to help.

I have gotten through to the company which like you said have declared the defence as intellectual property. However I have the witness statement from the claimant. Would you be able to help in anyway if I were to post this for you to see.

Possibly through the witness statement you may be able to see some of my defence and advice on how to write my witness statement in rebuttal
(Just to say the company I used have written a witness statement but adding to it may help boost my case.). They have used PCM-UK V Bull (2016), UKPC V Materson (2016) and Protection of Freedom Act 2012 Schedule 4 paragraph 9(2)(f) as exhibits and also mentioned Horizon Parking V Mr J within the statement.

I also hoped for some advice on how to use the defence on the day?

I've read on some post what to expect on the day but I hoped for any more advice possible

Thank you very much in advance for your help

deedot27

@coupon-mad

Hello

Please anyway you could be of assistance to the new developments in my case? I've posted an update above and your help would really be appreciated

Thanks

nosferatu1001

C-M isnt about right now, for pressing reasons.

You could reproduce parts of the defence and include commentary. That is fair use.

Upload the claimants WS to something like imgur, copy the llink and break it to say HXXP instead of HTTP. We can then fix it.