Letter of Claim by BW LEGAL

ajbeats17

Coupon-mad, yeah I've asked him what it states in the lease so I will see what he comes back with. He's not the most personable, so if he doesn't provide any help do I just delete that part of my defence? Yes point 4 is accurate as I have parking underground.

Keith P, yes sorry. The 16th may should be the 'claim' letter. Excellent, so 18th June 2019 it is. I do want to get this all produced sooner rather than later so.

Thanks for your help, as soon as my defence amendments are made I'll save, print and post.

Just a quick one, if I should lost would I have to pay more than the £238.78 claimed or will it likely be less?

Coupon-mad

Likely less, as a PCN is £100 and the court fees are £50.

PPCs make up the rest and that is part of your job at the hearing, to show that!

KeithP

ajbeats17 wrote: »

...as soon as my defence amendments are made I'll save, print and post.

No, don't do that.

Instead, perhaps follow the guidance in post #11 above.

The_Deep

.My only issue is my lease contains very little on the car parking space allocated so I don’t have much written evidence to fall back on in the instance. ]

That is to your advantage. If your lease makes no mention of a permit then it has primacy.

ajbeats17

Yes, thanks. I was going to follow the steps.

Yeah my Lease doesn't state anything about a permit.

I will have to amend para 8 as the signage states:

PRIVATE LAND. Parking is permitted for (2 images: a car parking and the letter 'P'): vehicles fully displaying a valid parking permit within the front windscreen and parked fully within the confines of a marked bay.

Can I say anything here or is this sign fairly conclusive?

The_Deep

For you, the sign is a red herring. It it a contract to park. They are in no position to offer you a contract. Your lease already grants you parking rights, and thes take primacy over a scammers cod contract.

Read this

https://www.consumeractiongroup.co.uk/topic/324523-ukpc-liable-for-trespass-success/

Coupon-mad

You just change the quote from the sign, not dump any of your point #8!

ajbeats17

Ah okay, this is excellent. Should I cite this in my defence?

So it could read:

'8. Further and in the alternative, the signs refer to 'Private Land', and suggest that by parking without permission, motorists are contractually agreeing to a parking charge of £60. This is clearly a nonsense, since if there is no permission, there is no offer, and therefore no contract'

Sorry for all the questions.

Coupon-mad

It's not about the private land heading, that is pretty meaningless (any land that's not Council land is private land). So how about:

'8. Further and in the alternative, the signs state only that: ''Parking is permitted for vehicles fully displaying a valid parking permit...'' and make no parking licence available to drivers not displaying a permit. The suggestion is that, by parking without permission, motorists are contractually agreeing to a parking charge of £60. This is clearly a nonsense, since if there is no permission, there is no offer, and therefore no contract'...

ajbeats17

Thank you, the only problem I have is when it happened (OCT 2018) I responded by stating I was the valid owner of the space and sent a screen of the permit. Which I now know was a mistake.