Define "Site Facilities"

Umkomaas

D_P_Dance wrote: »

but Beavis will have put paid to ‘Mitigation of Loss’ in many a Judge’s mind.

I hope not. Are you saying that, if a motor cyclist, not wearing a crash helmet, suffers brain damage in an RTA, a judge will discount it is assessing damages?

The context here is a private parking (leaving the site) case - nothing connected with motorcycle RTAs.

You keep querying and decrying the wider application of Beavis, but we’ve seen many examples of Judges and POPLA taking it as a all-embracing given.

As I’ve said before, it will take an individual with a thorough understanding of Beavis and a barrister-like ability to argue it successfully in front of a Judge who has already made his mind up. Not many of those posters to the pound arriving here for handholding.

It would be good if you could provide a cogent written argument why Beavis should not apply universally (in private parking cases) which could be used as a foundation for both prospective court defendants and POPLA appellants to build their case to counter the ‘Beavis innit’ position of the PPC network.

It could even find a place of honour in the NEWBIES FAQ sticky Hall of Fame.

Coupon-mad

I've done a search and find comments about 'leaving site' cases being easy to win, but cannot find any examples of sample defences.

You don't need one. If you get a claim, you'd be using bargepole's concise defence example and adding the facts, and that it seems PCM are using the Tesco logo without authority (have you pointed that out to the CEO of Tesco or managers at Dundee CS)?

KeithP

Your opening post started with:

pvt wrote: »

I already have one court case on the boil with PCM and Gladrags, and now another one has dropped through the letter box.

Is it me or are they all desperately firing out MCOLs before new legislation is enacted and the gravy train hits the buffers?

I then asked:

KeithP wrote: »

What is the Issue Date on your latest Claim Form?

You appear to have overlooked that question.

pvt

Keith,

The "latest one" appears not to be a 'claim' as yet - from the comments offered in replies above, it sounds like it may not turn into one.