Advice needed please - LETTER BEFORE ACTION - Carflow -> UPDATE - County court claim form received

beamerguy

The Beavis case was £85 and deemed to be inclusive of operating the scheme ... as per the Supreme Court

The £20 is a fake try-on by Carflow

blackdog2220

Umkomaas said:

As you're moving forward towards a court hearing, do you have photographs of the signage? You need to photograph the sign locations around the car park, including at the entrance, and sufficiently close up in order for the details to be read. If the parking event was during the hours of darkness, some additional photos of the signs, taken in similar lighting conditions, without using flash. 

If in the hours of darkness, do the signs have their own source of illumination?

the op has included photos in the PDF file , there are other pics (or computer images) presumably from the operator 

Umkomaas

nosferatu1001 said:

"an administration fee" - unlawful
Breach of CRA2015

In your court submissions you will refer to this and also pray in aid the Excel v Wilkinson court judgment where DJ (now HHJ) Jackson ruled out the entire claim on the basis that the claimant had occasioned an Abuse of Process by adding unlawful amounts to the claim over and above the original parking charge. 

https://www.dropbox.com/s/m7cl746rkejelfx/Excel%20v%20Wilkinson.pdf?dl=0

blackdog2220

nosferatu1001 said:

"an administration fee" - unlawful
Breach of CRA2015

naughty boys , perhaps the Politz need informing , or at least the judge via the ops statement 

nosferatu1001

Unlawful is not the same as illegal

KeithP

What is the Issue Date on your County Court Claim Form?

D_P_Dance

That6 sign is horrendous.  No-one should be excpected to plough throughh   that sea of verbiage in order to park a car,.  IMO  this sign falls to be considered as unfair under the Consumer Rights   Act, read this,

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

beamerguy

blackdog2220 said:

nosferatu1001 said:

"an administration fee" - unlawful
Breach of CRA2015

naughty boys , perhaps the Politz need informing , or at least the judge via the ops statement 

I am sure the HHJ Jackson case will now feature in every statement.
And I'm sure all judges will be grateful and direct them to strike out these claims.
The Salisbury appeal brought by BWLegal must now be considered as dead

Ralph-y

some threads to read ..

direct link to court section in newbies thread
.
https://forums.moneysavingexpert.com/discussion/comment/64350585/#Comment_64350585

and  

https://forums.moneysavingexpert.com/discussion/6108153/suggested-template-defence-to-adapt-for-all-parking-charge-cases-where-they-add-false-admin-costs#latest

https://forums.moneysavingexpert.com/discussion/6130456/telephone-hearings-re-parking-firm-claims-can-we-all-discuss-strategy-and-outcomes-here/p1

Ralph

TranceNRG

nosferatu1001 said:

No you dont, you have way more than that and you know that because A) the form tells you what to do to getr more time and so does the newbies thread
SO
1) Tell us the date of issue
2) Still not a fine and never has been. INVOICE
3) Do the AOS 5 days on at earliest from the Date of Issue
4) Go to the newbies thread and notice it has a template defence

The date of the issue is 03 Feb 2021. The claim form says I have 14 days to respond from the day of the service (day of service is taken as 5 days after the issue date).
Do I submit the defence form as well when I fill out the Acknowledgement of service?
Thanks. I'll have a read through.