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Gladstones LBC

2

Comments

  • KeithP
    KeithP Posts: 41,296 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    edited 10 August 2019 at 9:34PM
    The first line concerns me.
    Does the Claimant already know the identity of the driver?

    There's a lot of duplication in there.

    That aside, it doesn't look anything like the Defences I have seen linked from post #2 of the NEWBIES thread.

    Look there again for the examples of concise Defences by Bargepole.
  • 00460008
    00460008 Posts: 16 Forumite
    Part of the Furniture Combo Breaker
    No I do think they know who the driver was, so will change that.

    I will have a good look at the defences from post 2#
  • Woody510
    Woody510 Posts: 50 Forumite
    Second Anniversary
    Have you kept the ticket the machine printed?
  • Le_Kirk
    Le_Kirk Posts: 26,325 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    Drop any defence that argues "genuine pre-estimate of loss" (GPEOL) as this old hat! Your main defence point is frustration of contract due to the failure of the equipment belong to the PPC. You put the PPC to strict proof that the equipment (PDT) was functioning correctly on the day. Use one of Bargepole's concise defences, add in the bit about the equipment failure and, if the PPC or solicitor is adding on fake £60 costs, search the forum for Abuse of Process and add in the defence points about cases having been struck out in courts on IOW and in Southampton.
  • 00460008
    00460008 Posts: 16 Forumite
    Part of the Furniture Combo Breaker
    Yes I still have the ticket woody.
  • 00460008
    00460008 Posts: 16 Forumite
    Part of the Furniture Combo Breaker
    Cheers Le Kirk. I will drip out all the other stuff and research the points you made.
  • Woody510
    Woody510 Posts: 50 Forumite
    Second Anniversary
    Good good that'll really help you in court as soon as the judge saw ours he dismissed the case involving hx and us.
  • 00460008
    00460008 Posts: 16 Forumite
    Part of the Furniture Combo Breaker
    Woody, do you have any links to the defence you used or took sections from?
  • Castle
    Castle Posts: 5,080 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    You should also read U414830's thread and in particular the Judge's comments with regards to "de-minimis" highlighted by Umkomaas here:-

    https://forums.moneysavingexpert.com/showpost.php?p=76140679&postcount=131
  • Woody510
    Woody510 Posts: 50 Forumite
    Second Anniversary
    I used the one in the sticky thread involving anpr and pdt machines and just adapted it to my case. I had the same problem as you machine took my money and couldn't put a reg in at all
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