Overstaying - What is the Legal Defense?

Fruitcake

Dear Tracy,
Yet again you do not seem to understand that as a vehicle keeper, I cannot be held liable for this parking charge because the unregulated parking company employed by you did not comply with the Protection of Freedoms Act 2012. 

Please explain on what basis you believe I can be held liable? The above Act is the law. Since I cannot lawfully be held liable, I would like to know on what basis you believe I can be held liable. 

Please also explain on what basis you believe additional charges not actually incurred by your parking contractor can lawfully be claimed.

Please include a statement of truth with your explanations because they will be used in evidence should this progress to court.
Please note that you may also be a called as a witness to explain why you believe I can be held liable for this charge when the law says I cannot.

You may wish to obtain professional legal advice before you supply your explanations.

D_P_Dance

If  this goes to court tell them that you will consider a counter claim including Roadchef.

ZZ3100TV0

the reply...

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This is a courtesy email, to advise you that as I have already looked into your complaint as requested and responded with my conclusion and explanation, I will not be responding to any further emails regarding this matter. 

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Umkomaas

ZZ3100TV0 said:

the reply...

___________________

This is a courtesy email, to advise you that as I have already looked into your complaint as requested and responded with my conclusion and explanation, I will not be responding to any further emails regarding this matter. 

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Then I refer you to @Coupon-mad's post on 24 June at 4:26pm, and my subsequent suggestion 46 minutes later! 😉

Fruitcake

Ask her who will be representing her and her employer in court.

Can you complain any higher up the food chain as dear Tracy seems to be clueless?

Have you left negative feedback on social media about the company and the location, specifically pointing out that they have employed a company referred to as rogues, scammers, and bloodsuckers by MPs across all parties to issue court claims to you even though the law says you cannot be held liable?

I suggest you find the company's complaints procedure and make a formal complaint about dear Tracy, and about the company's agent pursuing you through court even though you are not liable.

ZZ3100TV0

It feels pretty futile at this point.

Since this looks like it's going to court, how do I prepare myself given the circumstances?

Coupon-mad

I think I'd sue Roadchef.  And I am not joking.

Since this looks like it's going to court, how do I prepare myself given the circumstances?

Not sure what you need to know that you haven't already read about in the 2nd post of the NEWBIES thread? 

Also read any DCBL Group Nexus court threads,  Most are about Highview (also Group Nexus stable, also suing over 5 and 6 year old PCNs right now) but the defence would be the same.

Umkomaas

ZZ3100TV0 said:

It feels pretty futile at this point.

Since this looks like it's going to court, how do I prepare myself given the circumstances?

I don't think we've seen any CP Plus case get as far as a real court hearing and my hunch would be that all the threats coming through from DCBL are but a ratcheting up of the debt collection process in the hope that people will fold. But you have to keep jumping through each of the court-related hoops as they occur, otherwise DCBL won't hold back in seeking a default. 

beamerguy

ZZ3100TV0 said:

It feels pretty futile at this point.

Since this looks like it's going to court, how do I prepare myself given the circumstances?

As we have seen, this Tracey does not have a clue.
Another OP I have been helping has replied to the CEO explaining how this works and the step by step procedure from the parking company.

Tracey has been lied to regarding debt collectors charges and other fabricated costs.
There are severe problems with RoadChef and it could be they have a piece of the action, IE MONEY.

On Trustpilot their rating is 100% BAD
https://uk.trustpilot.com/review/www.roadchef.com

Tracey does not understand the rule of 5 .... this means you warn 5 people and they do the same. It takes very little time before 1000's of people will not use RoadChef

What is strange is that the CEO is allowing a two bit parking firm to rule the roost ?
The CEO and his side kick Tracey clearly hates customers and people should know that. The Media is a good place to go

Don't give in OP, you can still call RoadChef as a witness in court to explain their reasoning.

pustit

The argument that because other customers have paid their "penalty" it is only fair to them that you too should pay yours is truly detestable.   What they should be saying is they will do everything within their power to assist those other customers to claim refunds.