BW Legal / Premier Park £1,300 debt / Letter of Claim

BrownTrout

Court costs are exceptionally limited

Umkomaas

In the small claims court, fees are very restricted.

If you lose you'd pay:

£70 court filing fee
£115 hearing fee
£50 (capped max) towards their solicitor costs
A small amount of interest.
(The first 2 fees are weighted based on the size of the claim).

That's about it, unless you behave like a complete @r$e and totally annoy the Judge (a very high bar), when there is no limit on costs for 'unreasonable behaviour'.

nosferatu1001

Have you read the example defences in the NEBWIES thread, post 2?
THere are a *lot* there and you MUST read them t ounderstand structure and how the defence is a series of arguments.

Kenny_Powers

Thanks all. If it gets to court I'll be on my best behaviour.

Yes I have read some sample defences, however I'm not sure what I can legitimately defend regards the disabled parking bay PCNs. How would I counter / defend BW Legal's claim for payment on those?

nosferatu1001

So youve read the sampled defence,a nd not taken away from that
1) POFA compliance defence?
2) Signage
3) Standing
Whcih appears essentially everywhere?

Kenny_Powers

Ok, I'll go back and read the sample defence regards the points you make.

The signage was clear and worded in such a way that if I had read it would be in no doubt that I entered a contract and that I must accept this. Unless of course that contract is invalid in some way I'm not aware of (which I don't know why it would be).

I copied the wording of the signage out verbatim in my long post from yesterday

Le_Kirk

Kenny_Powers wrote: »

The signage was clear and worded in such a way that if I had read it would be in no doubt that I entered a contract and that I must accept this. Unless of course that contract is invalid in some way I'm not aware of (which I don't know why it would be).

It's clear now because you went back and read it, standing in front of it when doing your research, not whilst you were driving looking for somewhere to park!

nosferatu1001

Indeed!
Was the signage OBVIOUS?
did it contain relevant and onerous terms clearly, in teh largest font, so they arePROMINENTLY brought to your attention - look at the BEAVIS supreme court case, Parking Eyes signs, and compare. IF the CHARGE is not the largest item then arguably you use this case to PROVE their signs are defective

COme on, there is SO MUCH info out there - you are being defeatist, and not working through this with enough diligence and without the challenging frame of mind you need.

Kenny_Powers

Ok, points taken. I will do some more research. Also, I have photos of the signage.

is there a way I can attach a photo on here to get some feedback on it?

Umkomaas

Kenny_Powers wrote: »

Ok, points taken. I will do some more research. Also, I have photos of the signage.

is there a way I can attach a photo on here to get some feedback on it?

https://forums.moneysavingexpert.com/showpost.php?p=72903720&postcount=7115