Disputing a ticket - frustration of contract?

Snakes_Belly

"Yeah I figured it would be the starting point for any court statement. I didn’t realise I could state when available so that’s helpful to know, makes me less reluctant to take this to court if needed. "

It might not get that far. They have a habit of pulling out at the last minute after you have put the work in. This is likely with these old claims.

Redx is correct about Manchester court.    

Coupon-mad

If Redx has told you that the allowed free parking time here was one hour, as per the landowner contract at the time, personally I would be sending a far shorter reply at first, stating exactly that. 

Nothing else. Flush the truth out. Don’t ask for a copy of the landowner contract as you won’t get one. Just state as a fact that another victim has confirmed it and the only change has been in recent years since their client was removed and replaced by another parking firm, and the free parking time was reduced from 1 hour to 45 minutes. 

Snakes_Belly

There has got to be some reason that they have not pursued this earlier as they are a most litigious company. It sounds very much like it is the landowner contract that will not stand up to scrutiny. They are probably hoping that you will just pay up. Some will. 

Vanadesse

Coupon-mad said:

If Redx has told you that the allowed free parking time here was one hour, as per the landowner contract at the time, personally I would be sending a far shorter reply at first, stating exactly that. 

Nothing else. Flush the truth out. Don’t ask for a copy of the landowner contract as you won’t get one. Just state as a fact that another victim has confirmed it and the only change has been in recent years since their client was removed and replaced by another parking firm, and the free parking time was reduced from 1 hour to 45 minutes. 

The problem is that I cannot be sure what the situation there is, I cannot even confirm who the landowner was at that time. Or at least not so far, I have sent some enquiry emails but Redx had experience in 2012, this was 2016 so it’s very possible but not necessarily the case. 

Vanadesse

Snakes_Belly said:

There has got to be some reason that they have not pursued this earlier as they are a most litigious company. It sounds very much like it is the landowner contract that will not stand up to scrutiny. They are probably hoping that you will just pay up. Some will. 

It is strange. It’s almost exactly 4 years since the last contact. On 5th July 2017 I last contacted BW Legal, 6 months after the IAS decision, after another threatening letter. I have all the letters, I’ve kept a full paper trail. In my last email to them I explained that I had clear evidence of frustration of contract that had been provided numerous times and that I denied any purported debt and liability. I told them that I would defend any claim in court and consider a counterclaim for misuse of data and harassment and that I would enter into no further communication with themselves. Basically, if you want to take me to court, bring it on. 

Coupon-mad

Vanadesse said:

Coupon-mad said:

If Redx has told you that the allowed free parking time here was one hour, as per the landowner contract at the time, personally I would be sending a far shorter reply at first, stating exactly that. 

Nothing else. Flush the truth out. Don’t ask for a copy of the landowner contract as you won’t get one. Just state as a fact that another victim has confirmed it and the only change has been in recent years since their client was removed and replaced by another parking firm, and the free parking time was reduced from 1 hour to 45 minutes. 

The problem is that I cannot be sure what the situation there is, I cannot even confirm who the landowner was at that time. Or at least not so far, I have sent some enquiry emails but Redx had experience in 2012, this was 2016 so it’s very possible but not necessarily the case. 

There is no problem here. This is not for you to prove. The onus is on the claimant to prove their case. 

State it as a fact. They will have to prove otherwise. I promise you that is the way to respond to these people, not a long reply they’ve seen before.

Vanadesse

Coupon-mad said:

Vanadesse said:

Coupon-mad said:

If Redx has told you that the allowed free parking time here was one hour, as per the landowner contract at the time, personally I would be sending a far shorter reply at first, stating exactly that. 

Nothing else. Flush the truth out. Don’t ask for a copy of the landowner contract as you won’t get one. Just state as a fact that another victim has confirmed it and the only change has been in recent years since their client was removed and replaced by another parking firm, and the free parking time was reduced from 1 hour to 45 minutes. 

The problem is that I cannot be sure what the situation there is, I cannot even confirm who the landowner was at that time. Or at least not so far, I have sent some enquiry emails but Redx had experience in 2012, this was 2016 so it’s very possible but not necessarily the case. 

There is no problem here. This is not for you to prove. The onus is on the claimant to prove their case. 

State it as a fact. They will have to prove otherwise. I promise you that is the way to respond to these people, not a long reply they’ve seen before.

I don’t think they’ve seen my reply before seeing as I typed it all myself based on my circumstances. I’ve avoided a copy and paste letter. 

Snakes_Belly

I can see where CM is coming from because they will make you jump through hoops and then pull at the brink.

There is a lot of brinkmanship going on with these old claims at the moment and not just with this particular company. They know that these claims will struggle in court and are just hoping that people will pay up. 

Snakes_Belly

Further to my post above the purpose of a rebuttal letter is to try to see off the claim before it gets to the court stage. The most important document that you will produce is the defence. The witness statement supports the defence with exhibits etc.   

Vanadesse

Snakes_Belly said:

Further to my post above the purpose of a rebuttal letter is to try to see off the claim before it gets to the court stage. The most important document that you will produce is the defence. The witness statement supports the defence with exhibits etc.   

I’m not quite sure what you mean by this. Are you agreeing with CM that I should include less detail and not send what was in my previous post, saving it for if needed?