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Telephone Hearing to Set Aside CCJ at Country Court

145791012

Comments

  • Fruitcake
    Fruitcake Posts: 58,150
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    edited 15 July 2020 at 8:12PM
    That is a stock image of a sign. I could use a search engine to find something like that and then say it is what is on the site. Is it identical to the signs on the site itself? Are the signs prominent and easy to read or are they high up, damaged, out of site, covered in foliage etcetera?

    The sign is prohibitive, offering nothing (no consideration) to a motorist who does not display a permit.

    How big are the actual signs in comparison to the ones in the Beavis case?

    The size of the £100 charge is not prominent, nothing like the one in the Beavis case.

    The sign is showing a prohibited premium rate 'phone number.

    Surcharges for card payments are prohibited.
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  • D_P_Dance
    D_P_Dance Posts: 11,493
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    My comments on that sign are that there is rather a lot of very small print on it.  Depending on how high it is it may be difficult  or impossible to read.  If that is the case a judge is likely to didmiss the claim, read this.

    https://forums.moneysavingexpert.com/discussion/5972164/parking-eye-signs-oxford-road-reading.

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  • Le_Kirk
    Le_Kirk Posts: 22,156
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    Le_Kirk said:
    I'm very hopeful of this. I have been in touch with the landowner's representative. He has suggested he will raise this with the directors and push for UKCPM to cancel this. He is also going to write a letter to me confirming their intention that they do not want to pursue this. So I'm hoping that even if it doesn't get cancelled, it will help bolstering my defence further.
    You should go further and pressure the directors to remove, not just the PCN but UKCPM; they are not required on a residential site.
    I think they recognise the issue. 
    I see the need for a service provider to keep an eye on individuals that park in bays that aren't allocated to them. 
    The engagement of UKCPM doesn't seem that well thought out. What alternatives would you suggest?
    Well it's clearly not working either, else you would ALWAYS have your own space available!  Alternatives are bollards, key operated or remote control by key fob owned by the resident.
  • nosferatu1001
    nosferatu1001 Posts: 12,961
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    What dont you understand about POFA?
    Its really straightforward
    IF they meet all the conditions, THEN They can hold the keeper liabkle
    You cant give us a blanket "I dont understand POFA", because the only sensible response is: keep reading it until you do. 
  • Coupon-mad
    Coupon-mad Posts: 130,573
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    edited 13 July 2020 at 11:25AM
    Why not search the forum for tedious old Elliot v Loake, to find out how people have rebutted that drivel dozens of times before on this forum?  Just search for the word 'Loake' because the other surname has various spellings people might have used.

    It's like Groundhog Day on this forum with everything repeated again and again!  
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  • Thanks for all your responses. I haven't had a chance to properly read all but I really do thank each one of you for your patience. I know that all the questions that I will ever ask are probably answered already, and I have read the answers to them but with so much to digest and process (combined with the crushing anxiety of it all) it just naturally becomes easier to be an 'askhole'. Apologies for that - I know I have been one.
    I'm now in the process of working on the witness statement and summary of costs. I have completed a draft of my defence.
    https://anonymousfiles.io/GsScH273/
    Hoping to get some feedback on this please.
  • Also attaching here in case members have trouble accessing link.
  • Coupon-mad
    Coupon-mad Posts: 130,573
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    I'd just change this because you've put the facts in paras 2 - 7:

    Should this poorly pleaded claim not be summarily struck out for any/all of the reasons stated above,
    it is the Defendant’s position that no contract was entered into with the Claimant, whether express, implied, or by conduct. Therefore, as a matter of contract as well as consumer law, the Defendant cannot be held liable to the Claimant for any charge or damages arising from any alleged breach of the purported terms. Whilst there is a lack of evidence from the Claimant, the Defendant sets out this defence as clearly as possible in the circumstances, insofar as the facts above (in paras 2 - 7) below are known.

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  • @Coupon-mad Thank you for the feedback. I have updated this now.
    I have also drafted a Witness Statement. A second pair of eyes before I send it would be greatly appreciated. I have used much of another one that I found on the forum, with some specific points relating to my case.
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