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BW Legal - Notice of Intention to Proceed
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I mean it can obviously go either way but it seems the defendants best point may be that the sign refers to parking, not duration within the car park buildings. The ANPR effectively starts the parking charge when the vehicle is still moving/slowing at the barrier.
At that point, the motorist hasn't stopped to read the t&cs or charges at all.
It's a bit thin. Certainly the motorist doesn't get to choose part hours by paying pro rata. That is most unlikely to fly.
I reckon it takes at least 5 mins to enter and exit a multi storey (10 mins) and 5 mins to read a sign and sort out change etc. That's 15 - if the car park was particularly busy, I guess it could all take longer.
The situation is somewhat ridiculous since the ANPR could be reconfigured so you pay on exit with the machine telling you exactly what charge applied.
3 -
It appears that in this case, the OP has blindly copied some template - apparently an out of date version - without having the faintest clue about what any of it means, or whether the various paragraphs are relevant.
If asked questions about her defence by the Judge, or opposing advocate, she will probably struggle to provide coherent answers, and will be like a rabbit in the headlights.
I have been providing assistance, including Lay Representation at Court hearings (current score: won 57, lost 14), to defendants in parking cases for over 5 years. I have an LLB (Hons) degree, and have a Graduate Diploma in Civil Litigation from CILEx. However, any advice given on these forums by me is NOT formal legal advice, and I accept no liability for its accuracy.1 -
Looking through this merged thread , starting from page 1 , I have not found or seen a copy of the submitted defence
All the OP can do is follow the process and let a judge decide , but I don't think that a judge will be impressed at the fact that b w legal are treating it like a murder case and submitting war and peace as a WS
You made a conscious decision to D I Y and not pay a lawyer , unlike the claimant , so it is what it is
Louise , just do your best , David beat Goliath with a slingshot and a stone ! 😁😁👍1
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