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BW Legal / Premier Park Ltd - Court Claim

1235710

Comments

  • Redx
    Redx Posts: 38,084 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper Photogenic
    Posting 2 paragraphs for more critique is standard here , so do so and develop a thicker skin 😆👍
  • Thanks All - I wasn't sure whether the Claimants may be monitoring these threads.  However, here is what I have added to the template.
    -------

    2.       It is admitted that the Defendant is not the registered keeper of the vehicle in question and full liability is denied.  However, it is admitted that the Defendant was the driver of the vehicle at the time of the alleged contravention. 

    3.       (a) It is admitted that at 07:00AM on Tuesday 3rd September 2019, the Defendant entered the Claimant’s car park using a vehicle that the Defendant is permitted to drive.  At the time of entering the car park, the level of natural daylight was low and only a small number of street lights were illuminated.  On entering the car park, the Defendant saw a road traffic sign displayed prominently under an illuminated street light on the car park entrance road.  The Defendant viewed this ‘official looking’ road traffic sign as clear indication of the train station car park entrance.

    (b) Following receipt of the Penalty Charge Notice, the Defendant returned to the Peel Centre car park to review the signage, and to understand how the vehicle had come to be parked in the Claimant’s car parking bay.  On this occasion, the Defendant visited the car park at approximately 12:50PM; which provided a very good level of natural daylight.  On entering the car park, the Defendant noticed for the first time a small sign that appeared to indicate that the train station car park was further along the road.  However, it is argued that this signage does not provide adequate instruction to drivers of moving vehicles, and that its position prevents it being readable in low lighting.

    (c) Finally, during daylight it was also noticed that the Claimant has placed small signs on several of the parking bay bollards; outlining their ownership.  However, once again, it is argued that these signs are not adequate for reading under low light.

    -------
    Thanks
  • Coupon-mad
    Coupon-mad Posts: 150,673 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Sounds good, except for this error and I'm not going to elaborate, this is for you to spot why it's wrong:
     Penalty Charge Notice


    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • Sounds good, except for this error and I'm not going to elaborate, this is for you to spot why it's wrong:
     Penalty Charge Notice


    Oh my...I've used capital letters?  :#
  • Coupon-mad
    Coupon-mad Posts: 150,673 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Try again, unless you are joking!
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • Hi, 
    On the 1st December, I received a letter from HM Courts and Tribunals stating that they had received my defence and that they would forward to the claimant - The claimant then has 28 days to respond.
    I haven't received anything else - When can expect to receive the Directions Questionnaire from the CCBC?
  • Umkomaas
    Umkomaas Posts: 43,185 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    I haven't received anything else - When can expect to receive the Directions Questionnaire from the CCBC?
    All detailed in the NEWBIES FAQ sticky, second post, under the title in red text:

    'IMPORTANT - KNOW WHAT YOU MUST DO AND BY WHEN!' 
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Private Parking Firms - Killing the High Street
  • KeithP
    KeithP Posts: 41,296 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Hi, 
    On the 1st December, I received a letter from HM Courts and Tribunals stating that they had received my defence and that they would forward to the claimant - The claimant then has 28 days to respond.
    I haven't received anything else - When can expect to receive the Directions Questionnaire from the CCBC?

    You know the Claimant has twenty-eight days to respond. What you don't know is when they received your Defence.

    It's going to be next year before anything further happens, isn't it?

    But if the suspense is too much, have another read of that list you used when filing your Defence and read the items on it following the words: 
    6. After filing your Defence, there is more to do.
    Look at item 8 on that list.
  • Redx
    Redx Posts: 38,084 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper Photogenic
    If the waiting irks you , download the form , fill it in and email it to the CCBC and to the claimant

    Then wait months for a court order from your nominated court , probably in summer 2021

    These cases take months , a year , or more , so you need patience , especially due to covid19
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