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

FizzyCharlie

FizzyCharlie said:

Thank you for the support @uksniper, it is a shame to hear the Judge was not on your side but really good to hear that it ended well! I've been working on my WS all weekend and I was hoping someone might be able to give it a once over - I've tried to keep as much as possible from the templates I've seen for sections that I believe are relevant and of course added specific information for my case. Could anyone let me know if any of the cases rereferred to are now out of date!? I believe I've fully redacted it, let me know if not.... https://1drv.ms/b/s!AjNlH5ODa6XjzVLKXHHaou6aOX8Y?e=PvLZKy 

Sorry to tag but I know @Coupon-mad and @Redx have shown some interest in this case, thanks in advance! 

I forgot to mention the PPC WS made absolutely no mention of the actual T&C that are posted in the centre of the car park (next to the pay machine) - Exhibit 6 in my WS. Should I try and make more of this or should I not refer to their WS? Thanks!

FizzyCharlie

I have my DR hearing tomorrow - I have one last question, will the judge be expecting me to offer a figure on what I am willing to pay? Just wondering if I should offer to pay for half of the small claims court fee as a cheeky gesture or just say no, nothing? Thanks!

Jenni_D

Maybe the judge will ... your offer should be £0. If rejected then your next offer should be the claimant paying you a contribution towards your wasted costs.  

FizzyCharlie

Jenni_D said:

Maybe the judge will ... your offer should be £0. If rejected then your next offer should be the claimant paying you a contribution towards your wasted costs.  

Thanks! I'll see if I'm confident enough during the call to try that! 😃

Jenni_D

I was being cheeky to make a point - I'm not seriously suggesting you do that 🤣 (other than the £0 offer).

FizzyCharlie

Jenni_D said:

I was being cheeky to make a point - I'm not seriously suggesting you do that 🤣 (other than the £0 offer).

Lol, don't worry, pretty sure I'll just about be able to say hello...., I'm hoping to say as little as possible! K, £0 it is, no more no less, thanks!

Coupon-mad

Do not let yourself be put off by a rookie DDJ whose mission is to make Defendants settle, and who probably has no idea yet about PPC greed and misleading rubbish.

We see defendants told they 'have no case' by inexperienced new Judges who have only heard of ParkingEye v Beavis, then those defendants later go on to win at the 'real' hearing.

FizzyCharlie

Coupon-mad said:

Do not let yourself be put off by a rookie DDJ whose mission is to make Defendants settle, and who probably has no idea yet about PPC greed and misleading rubbish.

We see defendants told they 'have no case' by inexperienced new Judges who have only heard of ParkingEye v Beavis, then those defendants later go on to win at the 'real' hearing.

Thanks @Coupon-mad, my confidence definitely flows from all of the posts of support not to give in. Thinking about it more this morning, I'm even more convinced the PPC has no case, they haven't even shown any evidence the T&C are in place at the car park!

FizzyCharlie

Nightmare - I knew this would happen, waited for three hours for the call to come through, nothing! Just checked my voicemail and I have an automated call asking me to Join a conference call!? Phone never rang, just a voice mail message...

What do I do now!? Any advice welcome!

Jenni_D

Ring the court and let them know what happened?

For goodness sake, surely you don't need hand-held over every single common sense step?