CRA 2015 s62 10 Defence - No real opportunity of becoming acquainted with T&Cs

KeithP

Doesn't para 4 of the template Defence cover your CRA point?

FizzyCharlie

Perfect, thanks RedX - Will post #2/3 underneath. I did the SAR quite early on (mainly because I wanted to see what they had on me, only photos of the car going in and out, no video etc) so wasn't sure if I should do it again...? I did discover during the IAS appeal they hadn't declared some information they had on me in the SAR, wasn't sure if there was an angle there to counter with an incomplete SAR request!?

My points #2/3 here (I wasn't sure if in #2 if I can deny liability and also admit being the driver - mutually exclusive!?)

2.       It is admitted that the Defendant was the registered keeper of the vehicle in question but liability is denied. It is admitted the Defendant was the driver of the vehicle.

3.      On 24/11/2019 at 13:02:30 (according the ANPR pictures provided by the Claimant) I entered the cark park at Southgate Wakefield, Wakefield, WF1 ITF. Prior to entering the car park, the parking charges were clearly displayed as they were on a huge blue sign with large white lettering. There was no other information available that I was aware of prior to entering the carpark. After an unknown period after entering the car park I found a parking space and parked the car. I immediately sought out the Pay and Display machine along with my chosen payment method of a credit card, contactless or otherwise. There was a queue of people waiting to pay and I discovered there was no credit card option on the machine. On the side of the Pay and Display machine there was some information regarding an online payment method. I attempted to make payment using this method but was unable to load the website correctly. I decided the most expedient method to ensure payment was to walk into the town centre to find a WiFi hotspot and/or improved mobile internet. At this point I had no knowledge of the condition that required payment within 10 minutes of entering the car park, my only concern was to make payment as soon as possible. I did not see the sticker at the bottom of the sign on entering the car park as the sign with the Terms and Conditions faces away from the entrance. I have no recollection the sticker was on the sign at the time and had no knowledge of this condition prior to entering the car park as there were no clear indications of this outside the car park. Having walked directly into town I was able to find an appropriate internet connection and complete payment for a period of 2 hours to cover the time we entered the car park to the time we expected to return. Once I received confirmation of payment, we continued our visit to town. We returned to the car and exited the car park 14:06:07, within the period of 2 hours for which we paid for parking.

Redx

Coupon-mad said:

Which PPC?

The template hammers the CRA 2015 point already.  That point was covered ''like clubbing a seal'' a Judge said to me last year when I sued the same arguments that are in the template.

Supposedly I park , BPA member ! ??

Don't bother with a SAR if already been done

FizzyCharlie

KeithP said:

Doesn't para 4 of the template Defence cover your CRA point?

I thought it might do but wasn't sure whether to really make a point of it with photos etc later on!

Coupon-mad

Why does no-one realise they just put 'keeper and driver' in #2 if admitting to driving?  Everyone adds a pointless sentence and I have no idea why...

Redx

And it should be third party , the defendant , in 2 & 3 , no I

Another rookie mistake 😋😋

FizzyCharlie

Coupon-mad said:

Why does no-one realise they just put 'keeper and driver' in #2 if admitting to driving?  Everyone adds a pointless sentence and I have no idea why...

Lol, I think it is just a worry that you say the correct thing and don't admit to anything but don't try and mislead! I will change that, thanks!

FizzyCharlie

Redx said:

And it should be third party , the defendant , in 2 & 3 , no I

Another rookie mistake 😋😋

Yes, hopefully this will be the first and last time I need to do this but I'm happy to be learning from the professionals!

KeithP

Redx said:

Coupon-mad said:

Which PPC?

The template hammers the CRA 2015 point already.  That point was covered ''like clubbing a seal'' a Judge said to me last year when I sued the same arguments that are in the template.

Supposedly I park , BPA member ! ??

No.  I Park Services Ltd are IPC AOS menbers.

Redx

condense 2 like coupon mad mentioned

3 reads like a WS , pare it right down to bare essentials , no me , myself & I , the defendant and we is ok , keep it concise , open the door to the WS waffle in several months time , where I can be used instead of the Defendant

So open doors in 3 , jackanory time is the WS