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Burger King being really helpful re Civil Enforcement Ltd County Court Claim for over stay
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If the principal has instructed the agents to cancel, wave they continue doesn't that open up the possibility of a counter claim, and/of claiming for unreasonable behaviour?From the Plain Language Commission:
"The BPA has surely become one of the most socially dangerous organisations in the UK"3 -
It's a private dispute then between the principal and the agent, as the agent would potentially be breaching their contract. But you dont have any rights over that contract and so I doubt you can counter claim.
As for it being unreasonable, if they lose (which with no commercial justification they should do) then I reckon you would have a good argument.4 -
Unreasonable conduct is only rarely applied by Judges and normally only where they see evidence of unreasonable conduct in the litigation process. So, I don't think a Judge would see pursuing a claim under contract law as unreasonable even if the landowner is asking them to cancel it (I know, I know, morally and applying the CRA 2015 test of fairness, it certainly is unreasonable). .PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
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Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD3 -
Burger King have now forwarded their copy of their email to CEL and incuded the response they received from CEL. So Burger King asked them if they could cancel the 'court claim' and they responded with yes they will cancel the PCN as a one off 'goodwill' gesture. Burger Kings email also stated that 'as you can see, this PCN has been cancelled.'So, I'm pretty big on the usage of words and terms people use and this doesn't actually say the 'court claim' is cancelled, just the term 'PCN.' Hmmmm, call me paranoid but I'm not so sure that's the end of it. So I'll continue to carry on with the County Court procedure until clarification comes from the Court itself even though this is all in writing as advised already in this thread......thank you kindly everyone!Another thing, CEL have responded to Burger King by using another Company name but I'm guessing it's all part of the same Company. Not sure if I'm allowed to disclose on here and I'm not sure if it's relevant to the Court Case!I am however, extremely grateful for Burger Kings input and help, they've been really good about it.2
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Creative Car Parks?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 THREAD2 -
Yes that's the one Coupon-mad!
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Look on here , 4 names in total1
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