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Parking fine!!!

1235711

Comments

  • Ben255
    Ben255 Posts: 51 Forumite
    10 Posts Name Dropper
    Redx said:
    As above

    The defence raises legal points to be discussed later on , so short bullet points to open the door

    You go through the door and elaborate later at the WS plus Exhibits plus summary costs assessment stage , to the nominated Court , just before the hearing

    If there is no door , you cannot enter the TARDIS beyond
    Thank you, that makes more sense. 
  • Ben255
    Ben255 Posts: 51 Forumite
    10 Posts Name Dropper
    Sorry for the lack of communication, been mega busy with work.
    I am going to send off my defence in the morning so will post my final draft of paragraphs 2 and 3 here incase I have made any glaring mistakes. Thanks again guys, it's much appreciated!

  • KeithP
    KeithP Posts: 41,296 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Ben255 said:
    I am going to send off my defence in the morning...
    Why the rush? You have until Monday afternoon to do that.
  • Ben255
    Ben255 Posts: 51 Forumite
    10 Posts Name Dropper
    KeithP said:
    Ben255 said:
    I am going to send off my defence in the morning...
    Why the rush? You have until Monday afternoon to do that.
    Hi, Is there a reason to hold out? 
  • Ben255
    Ben255 Posts: 51 Forumite
    10 Posts Name Dropper

    2.   It is admitted that the Defendant was both the registered keeper and driver of the vehicle in question at the time of the incident but liability is denied. 

    3.   The defendant made every effort to obtain and pay for a parking ticket using cash. This was not achievable and resulted in a frustration of contract, covered by the Law Reform (Frustrated Contracts) Act 1943. Once the defendant had confirmed that no parking ticket could be purchased using cash, they exited the site as promptly as was possible. The main signage on the carpark stipulating the terms and conditions is not visible until parking the vehicle and exiting to read. Due to the amount of people present at the site and having the same issues with the deficient machine the time taken to realise a frustration of contract had taken place was exacerbated due to the social distancing required under the Health Protection (Coronavirus, Restrictions) (All Tiers) (England) Regulations 2020. This particular parking site is renowned for having these defective machine issues which have been highlighted in the media and in a large amount of Tripadvisor reviews.


  • Redx
    Redx Posts: 38,084 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper Photogenic
    Ben255 said:
    KeithP said:
    Ben255 said:
    I am going to send off my defence in the morning...
    Why the rush? You have until Monday afternoon to do that.
    Hi, Is there a reason to hold out? 
    Further critique ??
  • Ben255
    Ben255 Posts: 51 Forumite
    10 Posts Name Dropper
    Ben255 said:

    2.   It is admitted that the Defendant was both the registered keeper and driver of the vehicle in question at the time of the incident but liability is denied. 

    3.   The defendant made every effort to obtain and pay for a parking ticket using cash. This was not achievable and resulted in a frustration of contract, covered by the Law Reform (Frustrated Contracts) Act 1943. Once the defendant had confirmed that no parking ticket could be purchased using cash, they exited the site as promptly as was possible. The main signage on the carpark stipulating the terms and conditions is not visible until parking the vehicle and exiting to read. Due to the amount of people present at the site and having the same issues with the deficient machine the time taken to realise a frustration of contract had taken place was exacerbated due to the social distancing required under the Health Protection (Coronavirus, Restrictions) (All Tiers) (England) Regulations 2020. This particular parking site is renowned for having these defective machine issues which have been highlighted in the media and in a large amount of Tripadvisor reviews.


    Apologies could I swore I posted this morning
  • Coupon-mad
    Coupon-mad Posts: 155,460 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
     This was not achievable
    Say why not!  It reads as though it could be you.  Apart from that, it's fine.
    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
  • Ben255
    Ben255 Posts: 51 Forumite
    10 Posts Name Dropper
    Hi peeps, I fear I kay have messed up! After taking the advice above I was intending to submit my defence tomorow morning, the deadline day. However if I post it tomorow morning am I going to miss the cut off point which is 4pm tomorow afternoon? I can submit it electronically but the defence is to long to submit, I would need to shorten it by around a third. 
  • Umkomaas
    Umkomaas Posts: 43,750 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Have you converted it to a pdf file?  You then just attach it to an email. 

    You're not trying to squeeze it in to the MCOL 'Defence box', are you?
    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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