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COURT CLAIM FORM ISSUED. BW Legal and Parking Property Management Ltd.

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  • Coupon-mad
    Coupon-mad Posts: 152,567 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 7 June 2021 at 2:15PM
    You haven't used the rest of the template but I see you have covered the issues of signage, lack of contract, landowner authority and the added false costs, so I think it does the trick.

    Here I would add:

    5.1. Further and in the alternative, it is denied that the claimant's signage sets out the terms in a sufficiently clear manner which would be capable of binding any reasonable person reading them.  Even if the court is minded to consider that the displayed terms about the visitor scratchcard are potentially clear enough, any contract was frustrated and void for impossibility, by virtue of the Claimant not making visitor permits available (at all) at the material time.  Thus, any contract to display one was void for impossibility and an unfair term under the Consumer Rights Act 2015.    It is the Defendant's case that a term that has the effect of stopping residents having deliveries, visitors, and even workmen attend their home and penalising those visitors for something that was wholly outside of their control (and within the control of the Claimant, such as by making printable visitor permits available during lockdown, to assist residents) cannot be deemed fair in law.
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  • 1505grandad
    1505grandad Posts: 3,814 Forumite
    Part of the Furniture 1,000 Posts Name Dropper

    "5.3. The British Parking Association ("BPA") Code of Practice sets the requirements for entrance signs."

    Parking and Property Management Ltd (Claimant) are IPC AoS members so BPA not relevant (unless they have only recently jumped ship)
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