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BW Legal - Any help very much appreciated...
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Oh! Righty ho. thanks KPCombatting the pandemic of BWLegal-19, one 'notice of discontinuance' at a time. :-)0
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Pic below - Am I being too fussy here? Reading the PoCs again, they seem to make the same flawed statements over and over again. They assert that i am in breach of the ToCs OF THE PCN. That makes no sense, unless they are suing for breach of contract OF a PCN, rather than of the terms in a car park?
The claim does not even mention any breach of terms in the car park. It just refers to breaching terms of the PCN, which firstly had none, and secondly, IF it was an offering of terms, it wasn't accepted!
Or is that technical stuff which a J won't much like?Combatting the pandemic of BWLegal-19, one 'notice of discontinuance' at a time. :-)0 -
didgeridoooo wrote: »The claim does not even mention any breach of terms in the car park. It just refers to breaching terms of the PCN, which firstly had none, and secondly, IF it was an offering of terms, it wasn't accepted!
Or is that technical stuff which a J won't much like?
The PCN is after the event and is not a contract, just a charge invoice0 -
Yes, that's what I mean. How can the claim against me, for breaching terms in something which wasn't an offer of terms, and contained no terms? It's like contract law 101, they don't actually refer to ANY contract made IN the car park, whatsoever. I just wondered if I am being too anal, or whether that's more like a slam dunk of some kind, or at least worth a mention in Defence or WS?
In short, if the PCN was served as an offer of terms, where is their proof I accepted them? They can't. But since they haven't even mentioned any contractual agreements alleged to have taken place at the time/place of the original event CAUSING the issue of the PCN, I don't see that there is anything to answer on that?!
You breached the PCN Terms.
The PCN wasn't an offer of terms, it had none, and I never agreed to any.
Case closed.
No doubt I am barking up the wrong tree, but wanted to check!Combatting the pandemic of BWLegal-19, one 'notice of discontinuance' at a time. :-)0 -
didgeridoooo wrote: »
In short, if the PCN was served as an offer of terms, where is their proof I accepted them? They can't. But since they haven't even mentioned any contractual agreements alleged to have taken place at the time/place of the original event CAUSING the issue of the PCN, I don't see that there is anything to answer on that?!
You breached the PCN Terms.
The PCN wasn't an offer of terms, it had none, and I never agreed to any.
Case closed.
No doubt I am barking up the wrong tree, but wanted to check!
You are simply not understanding. You entered a car park where so called signs told you that you would be charged if you did not comply ..... that part is the contract.
The PCN is only an invoice saying you did not comply0 -
Ok, I do understand that, but I think I failed to put my across properly, never mind.
edit: Defence being re-re-re-re-written
Combatting the pandemic of BWLegal-19, one 'notice of discontinuance' at a time. :-)0 -
Looks more like a WS to me, far too much info and not much about legal arguments
Be a good start at Ws stage, but I have no legal training whatsoever0 -
Couponmad I need you. You got a little cross with me a couple years ago as I’d left my defence so late, but I had a very small child and two babies and it was very difficult. I get that we need to help ourselves a bit more and think I’ve proven myself as I won two cases in small claims now all by myself. One against UKPC and another against a rubbish accountant. I’m hoping for your help now please as my 74 year old mother’s car got ticketed when no spaces in a not clearly promoted ANPR car park. 17 mins waiting. Needs a reply by Tuesday, can you help please? nickicoleman@me.com0
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You need to start your own thread and not hijack someone elses like this
If your previous successes were based on advice from here then you follow the same route (see the Newbies faq thread)
If you need more help start your own thread (Please don't post anymore in other peoples threads!)0 -
Hi didgeridoooo,
Please check your inbox re signage and photos.0
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