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County Court Claim by Britannia Parking - Advice/defence help needed
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D_P_Dance said:If you cannot pay there cannot be a contract. If there us no c
contract it cannot be breached. Read this and complain to your MP.
https://uk.practicallaw.thomsonreuters.com/Cosi/SignOn?redirectId=rt_434e9e43-908d-47a0-9dff-2e613f5301cf
thanks.0 -
Your defence looks fine but you don't need this because landowner authority is already questioned, further down the template defence you are using:3.8 The Claimant is put to strict proof that it has sufficient proprietary interest in the land, or that it has the necessary authorisation from the landowner to issue parking charge notices, and to pursue payment by means of litigation against patrons.
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 THREAD1 -
Remember to renumber each and very paragraph from 3 onwards , no sub paragraphs0
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Mannis12 said:Redx said:Remember to renumber each and very paragraph from 3 onwards , no sub paragraphsPlease 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 Street1 -
So to be clear - you COULD HAVE paid using coins, but no other method - despite being advertised - was available?
So the signs said you could pay by phone (voice) or pay by phone (app) but these were not actually available?3 -
nosferatu1001 said:So to be clear - you COULD HAVE paid using coins, but no other method - despite being advertised - was available?
So the signs said you could pay by phone (voice) or pay by phone (app) but these were not actually available?
This was confirmed by the agent when we called the number on the machine to query this, but all I have is a phone record of this not the actual recording.2 -
Mannis12 said:nosferatu1001 said:So to be clear - you COULD HAVE paid using coins, but no other method - despite being advertised - was available?
So the signs said you could pay by phone (voice) or pay by phone (app) but these were not actually available?
This was confirmed by the agent when we called the number on the machine to query this, but all I have is a phone record of this not the actual recording.
For example, turn that last sentence around to be...
This was confirmed by the agent when we called the number on the machine to query this, and I have a record of this call.
Why else would you be calling if it wasn't to be asking how to pay?
Keep that in mind when it comes to writing a Witness Statement.
Just checking... did you file your Defence today?3 -
KeithP said:Mannis12 said:nosferatu1001 said:So to be clear - you COULD HAVE paid using coins, but no other method - despite being advertised - was available?
So the signs said you could pay by phone (voice) or pay by phone (app) but these were not actually available?
This was confirmed by the agent when we called the number on the machine to query this, but all I have is a phone record of this not the actual recording.
For example, turn that last sentence around to be...
This was confirmed by the agent when we called the number on the machine to query this, and I have a record of this call.
Why else would you be calling if it wasn't to be asking how to pay?
Keep that in mind when it comes to writing a Witness Statement.
Just checking... did you file your Defence today?
Yes filed the defence yesterday via email as per the newbies instructions.2 -
So keep chjecking MCOL until it says DQ sent
THen you use the N180 online to fill in and send, exactly as per the newbies.
I think where you might struggle is staying despite there being coin machines you can use.3
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