Another win for MSE

Chefdave

Coupon-mad wrote: »

That's a good start at a defence, as long as you change the added £60 to £72 (in your case the falsely added unrecoverable sum is an eye-watering £72).

I would just change the ending, see below, and attach Crystal_Tips' Warwick strike-out judgment screenshot as an email attachment with your defence

Hi CM

I can't find this thread you're referring to by Crystal_Tips, I've tried using the advanced search feature but to no avail.

Is there a link? If not I'll have to omit point 7.1

Umkomaas

Chefdave wrote: »

Hi CM

I can't find this thread you're referring to by Crystal_Tips, I've tried using the advanced search feature but to no avail.

Is there a link? If not I'll have to omit point 7.1

https://forums.moneysavingexpert.com/member.php?u=5438

Chefdave

Umkomaas wrote: »

......

This user has 7 posts and I can't see anything relating to parking?

Redx

Chefdave wrote: »

This user has 7 posts and I can't see anything relating to parking?

the correct username is actually Crystaltips76


you will find it via the Abuse of Process thread by beamerguy, in post #1

Umkomaas

Chefdave wrote: »

This user has 7 posts and I can't see anything relating to parking?

Had to do a bit more digging .... the Member Search is extremely case sensitive, and won't always throw out 'near misses', but I think I've bottomed this for you.

https://forums.moneysavingexpert.com/search.php?searchid=194235984

Chefdave

Umkomaas wrote: »

Had to do a bit more digging .... the Member Search is extremely case sensitive, and won't always throw out 'near misses', but I think I've bottomed this for you.

Thanks I found it. It's Crystaltips76 and the judgement is on post #84 of their thread if anyone else is trying to find it. I would post a link but I'm not allowed to as a newbie

Chefdave

Hello, thanks for all your help so far I'm truly grateful.

I'm back as I have the witness statement to do by April 15th. Shouldn't be too bad should it? I've been reading some of the examples from the Newbies thread.

Essentially my girlfriend booked a B&B for the night and we parked in their car park. We purchased a parking permit on arrival (which can just about be made out on one of the photos the parking firm took)  but parked in the 'wrong' bit hence the ticket in the post. It wasn't very clear that where we parked was unacceptable as it was on a bit of open ground. Looking at Google Street view there's a sign at the entrance saying 'private car park' but we had a right to be in there so it wasn't really applicable. I have a receipt for the booking which I can use as evidence, I'm also thinking of using one of their photos as you can see the permit (although no writing can be made out only the a white paper permit)

Any pointers?

Umkomaas

Any pointers?

NEWBIES FAQ sticky, second post, covers all the court processes. 

It's over 3 months since you first posted, what have you gleaned from your research in the meantime?

Chefdave

Would this be acceptable as a defence?

In the County Court at XXXXX
Claim No. XXXXXXXX
Between
Countrywide Parking Management LTD (Claimant)
and
Chefdave (Defendant)

---

Witness Statement

---

1. I am Chefdave, of [Address], [Postcode], the Defendant in this matter. I will say as follows:

2. I had been staying in XXXX guesthouse at the time of the alleged contravention and attach my booking receipt as Exhibit A

3. On [DATE], I checked in at around 9pm and purchased a 24 hour permit to park from the guesthouse. My vehicle; registration no, XXXXX was subsequently parked in the car park.

4. Although the vehicle was removed from the car park within the 24 hour window I was nevertheless issued with a parking charge notice

5. It was unclear that I had parked in an incorrect location. Having since spoken to the XXXX guesthouse I was informed that they often accompany guests to the car park to show them exactly where to park as this is an ongoing issue for many of their guests

6. It is my position that, under the doctrine of promissory estoppel, the Claimant has no standing, or cause of action, to litigate in this matter.

7. I invite the Court to dismiss this claim in its entirety, and to award my costs of attendance at the hearing, such as are allowable pursuant to CPR 27.14.

Statement of Truth

I believe that the facts stated in this Witness Statement are true.

Signature
Date

KeithP

Why should the court consider "the doctrine of promissory estoppel"?