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County Court Claim by Britannia Parking - Advice/defence help needed

2

Comments

  • Mannis12
    Mannis12 Posts: 15 Forumite
    Third Anniversary 10 Posts Name Dropper
    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
    The link takes me to the thomson reuters homepage, was it supposed to be a specific article to look at? can you resend.
    thanks.
  • Coupon-mad
    Coupon-mad Posts: 157,723 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    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 THREAD
  • Redx
    Redx Posts: 38,084 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper Photogenic
    Remember to renumber each and very paragraph from 3 onwards , no sub paragraphs
  • Mannis12
    Mannis12 Posts: 15 Forumite
    Third Anniversary 10 Posts Name Dropper
    Redx said:
    Remember to renumber each and very paragraph from 3 onwards , no sub paragraphs
    just to be clear are you saying that rather than using 3.1, 3.2 etc I should re-label to 3, 4 etc. and then continue the numbering for the template paragraphs?
  • Umkomaas
    Umkomaas Posts: 44,056 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Mannis12 said:
    Redx said:
    Remember to renumber each and very paragraph from 3 onwards , no sub paragraphs
    just to be clear are you saying that rather than using 3.1, 3.2 etc I should re-label to 3, 4 etc. and then continue the numbering for the template paragraphs?
    Sequential whole numbering, 1,2,3,4,5 .......
    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
  • nosferatu1001
    nosferatu1001 Posts: 12,961 Forumite
    10,000 Posts Third Anniversary Name Dropper
    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?
  • Mannis12
    Mannis12 Posts: 15 Forumite
    Third Anniversary 10 Posts Name Dropper
    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?
    Yes spot on! Only one cash machine nearby but was out of order.
    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. 
  • KeithP
    KeithP Posts: 41,296 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    edited 15 March 2021 at 7:26PM
    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?
    Yes spot on! Only one cash machine nearby but was out of order.
    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. 
    You need to be thinking more positively.
    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?
  • Mannis12
    Mannis12 Posts: 15 Forumite
    Third Anniversary 10 Posts Name Dropper
    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?
    Yes spot on! Only one cash machine nearby but was out of order.
    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. 
    You need to be thinking more positively.
    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?
    Thank you KeithP, will certainly bear that in mind for the witness statement.
    Yes filed the defence yesterday via email as per the newbies instructions. 
  • nosferatu1001
    nosferatu1001 Posts: 12,961 Forumite
    10,000 Posts Third Anniversary Name Dropper
    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. 
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