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Civil Enforcement - "On Claim for Debt"

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Comments

  • Justme2020
    Justme2020 Posts: 71 Forumite
    Second Anniversary 10 Posts Name Dropper
    Redx said:
    The obvious confusion over timings of either being 12 hours or 24 hours means I thought that you were unable to comply with the terms quoted on the NTK , so frustration of that contract , because your and our interpretation of the signage contract show a different agreed contract , meaning you cannot comply with their interpretations when the signs do not convey it

    Arguing your case with exhibits is done at the WS stage and in court , so by all means set the scene in your defence , concisely , not waffling on , just remember you are introducing arguments for later on , you defend your pself , but your jackanory is in several months time. So only say words to support your interpretation of signs , stop stating their case

    Your new 2 and the 3 provided by Nosferatu , do most of it

    Add a 4 , concisely , with parts of what I said , but leave the waffle for the WS
    I do have a tendancy to waffle @Redx
    This closer:

    2.    The Defendant is the lessee and driver of the vehicle and liability is denied.

    3.   The Defendant arrived at the location at approximately 18:00 on a dark evening and read the sign on the Parking Ticket machine which stated that charges apply from 07.00 to 19.00. The correct £1.50 fee was paid to cover the period from 18:00 to 19:00, and the defendant left at 21.00. The Claimant sent an invoice alleging that rates are payable 24hrs a day. 

    4. There was misleading signage with confusing terms in the car park when compared to the assertions by the Claimant, which is a breach of the Consumer Rights Act 2015.

  • nosferatu1001
    nosferatu1001 Posts: 12,961 Forumite
    10,000 Posts Third Anniversary Name Dropper
    I gave you 2 different points to use as 4. You have not used either
  • Justme2020
    Justme2020 Posts: 71 Forumite
    Second Anniversary 10 Posts Name Dropper
    I gave you 2 different points to use as 4. You have not used either
    Your post seemed to suggest that was for (3) and to use comments from others for (4).
    Sorry if I misread.
    Could you please clarify your suggestions or wording to use as (4) ?
  • nosferatu1001
    nosferatu1001 Posts: 12,961 Forumite
    10,000 Posts Third Anniversary Name Dropper
    We need to see all the info. Signs plus machine
    You are as a consumer entitled to rely on the information given to you (CRA2015) and so could rely on the machine being correct. If it isnt, trough on them.
    You as a consumer in a case of ambiguity or conflict must be given the most favourable interpretation, CRA2015, in which case again the machine sayt charges only until... wins
    But show us BOTH the signs and what the machine said. 
    This ^
    1) Show us the FULL P&D tarrif board, not just the close up. I've asked you FOUR TIMES to do so. If you cannot do so, explain! not a tricky request, and asking repeatedly is frustrating. 
    2) You were told to work out if current SAR signs were any use, and you have yet to comment. Again, it is really useful fo r you to completely answer all put to you. If you quickly answer it doesnt help
  • Justme2020
    Justme2020 Posts: 71 Forumite
    Second Anniversary 10 Posts Name Dropper
    We need to see all the info. Signs plus machine
    You are as a consumer entitled to rely on the information given to you (CRA2015) and so could rely on the machine being correct. If it isnt, trough on them.
    You as a consumer in a case of ambiguity or conflict must be given the most favourable interpretation, CRA2015, in which case again the machine sayt charges only until... wins
    But show us BOTH the signs and what the machine said. 
    This ^
    1) Show us the FULL P&D tarrif board, not just the close up. I've asked you FOUR TIMES to do so. If you cannot do so, explain! not a tricky request, and asking repeatedly is frustrating. 
    2) You were told to work out if current SAR signs were any use, and you have yet to comment. Again, it is really useful fo r you to completely answer all put to you. If you quickly answer it doesnt help
    Apologies, no, I only have the close up from the ticket machine.
    The photo of the signage was supplied as part of the SAR but the photo could have recently been taken rather than back when the incident occured (almost 2yrs). The signs contradict the photo I have of the ticket machine.
  • KeithP
    KeithP Posts: 41,296 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    We need to see all the info. Signs plus machine
    You are as a consumer entitled to rely on the information given to you (CRA2015) and so could rely on the machine being correct. If it isnt, trough on them.
    You as a consumer in a case of ambiguity or conflict must be given the most favourable interpretation, CRA2015, in which case again the machine sayt charges only until... wins
    But show us BOTH the signs and what the machine said. 
    This ^
    1) Show us the FULL P&D tarrif board, not just the close up. I've asked you FOUR TIMES to do so. If you cannot do so, explain! not a tricky request, and asking repeatedly is frustrating. 
    2) You were told to work out if current SAR signs were any use, and you have yet to comment. Again, it is really useful fo r you to completely answer all put to you. If you quickly answer it doesnt help
    The signs contradict the photo I have of the ticket machine.
    Then please show us this contradiction. 
    Yesterday evening I suggested you do that.

    Where exactly did this alleged parking event take place?
  • nosferatu1001
    nosferatu1001 Posts: 12,961 Forumite
    10,000 Posts Third Anniversary Name Dropper
    So have you tried google streeet view, as suggested? 
    Do you know if the signs you have pics of look like the signs from two years ago?
  • Justme2020
    Justme2020 Posts: 71 Forumite
    Second Anniversary 10 Posts Name Dropper
    So have you tried google streeet view, as suggested? 
    Do you know if the signs you have pics of look like the signs from two years ago?
    Street View doesn't go into the car park, however, this is the only sign at the entrance and clearly doesn't display a tariff (if that helps)

    @KeithP - it was an independent hotel. Photos incoming for the contradiction
  • Justme2020
    Justme2020 Posts: 71 Forumite
    Second Anniversary 10 Posts Name Dropper

    @KeithP Here.

  • Umkomaas
    Umkomaas Posts: 43,751 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Cynical that the 12-hour £5 parking fee expires at 7am which makes it so difficult for many to get out of bed, to the car and shift it somewhere else!

    I wonder what CEL would make of a 7am departure, and immediate return at 7:05am with £3 put in the slot to take the parking licence to 9:05am?
    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
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