5 days left for premier park to respond to my SAR request

Lupo26

Thank you for everyone's help.
Hopefully one last question.
I haven't referred to me overstaying in the car park in my case as my defence is poor signage and abuse of process. Will they be providing evidence against me that I overstayed and if I'm questioned about this in court has it any relevance to the case? 

nosferatu1001

It forms the basis of their claim so of course they will mention it. 

Lupo26

What do I say in response to it then? Do I say the overstay is irrelevant due to the other factors not forming a contract?

nosferatu1001

Yes, of course you do.
If theres no cnotract, there can be no overstay
If the signs are poor, theres no contract. If the signs dont OFFEr a contract, there is no contract. If the "contract" is unfair, there is no contract. 
This is all basic contract law, in the main. 
Also, and I wont look, if they dont meet POFA (or cant) requirements to hold the keeper liable, then again the keeper isnt liable, so the "overstay" is still not releavant TO THE KEEPER. 

Lupo26

Everything posted to bw legal and I'm going to drop file off in person to the court on Wednesday. Can't wait to see them in court!!

Lupo26

This morning I received bw legals WS and evidence. They've included images of their signage to say it's clear as per the image I previously posted so will that actually go against them? Also no evidence of a sign on entry.
I'm slightly worried though as they are using my appeal as me accepting liability. Can they do that? Before I came on here for advice I appealed on grounds of unreasonable to charge that much etc as I was late back after talking to manager etc and also said about my partner already paid them £60. I obviously haven't mentioned any of this in my defence as going down poor signage and abuse of process route. Just checking this won't matter as slightly worried now!! 
Also the cheeky buggers said I've just copied and pasted from this site and included a screen shot of someone else's post. They said I couldn't possibly know the law etc and use it or something along those lines. Surely that's irrelevant and of course I can use it as I've learnt off all the amazing people on here!! 
Thoughts please.

nosferatu1001

Well it "goes against them" only when you point it out. You have a job to do which is poitning out the GAPS in their evidence. 
How do yo umean they are "using your appeal...acepting liability"? Be precise. We dont know what you can see in front of you. They can TRY it, certainly, a court may think its rubbish of course....

Was it someones post on this THREAD? Yes or no. You of course point out that as a LIP you cant be expected to know the law, so you RESEARCHED it - there is literally nothing wrong with that!

Lupo26

What a shame 1 April court date is non essential so scammers can't try and get any money.
Would you still phone the court or assume no one will attend as non essential?

KeithP

If you haven't already done so, I would suggest you seek confirmation one way or another before deciding just not to turn up.

Coupon-mad

If you say you are self isolating, I hear that courts are postponing hearings and will look into trying to cover them as telephone hearings later on, if possible, or will eventually rearrange them if not. 

Following tonight's Government instructions I expect these hearings to be adjourned indefinitely - but no assuming. 

Ring the court and say you are self isolating and as such you ask for a postponement.  If no-one answers, email them and/or post a letter signed & dated today, saying the same thing an saying you want the face to face hearing (if you do) in the interests of justice, if the court is not minded to strike this over-inflated parking charge claim out for abuse of process, as so many courts are now.

County courts are certainly not prioritising shonky parking firm claims over family court matters.  In normal times, there are anywhere between 50-70 parking cases listed for hearing in courts across E&W every working day.   

The listings for tomorrow (Tuesday 24/03) show just 10 parking cases still standing, half the number for today.