County Court Claim

fckcpm

KeithP said:

fckcpm said:

Coupon-mad said:

fckcpm said:

Coupon-mad said:

 Come on, this is easy.  The template defence thread even tells you what to put if you don’t recall anything about the location, and surely the signs were hidden and dark (unlit at night maybe?) and so you had no idea that you had to have a permit because it looked like public highway and there were no prominent signs and lines. 

Job done. I’m right, aren’t I, that’s likely to be how it occurred because no-one would deliberately park in a residents private estate and agree to pay £100.

Thank you. Ideally I would have liked to have checked the signs etc because the offence took place at the end of 2019, and cannot for the life of me  remember anything. Trouble is it’s nearly a 3 hour drive away! Would love to find a sign that’s barely visible.

Isn’t it on GSV then?  Once you drag the little man into place, you can change the image date using the little arrow top left.

I gave this a go, but the image of the parking conditions is incredibly low resolution! Such a shame. I might contact Gladstone and try and settle, I have no concrete evidence and can’t afford for it to go to court.

They are currently asking for £260-odd.

How much do you think Gladstones will accept when they see that you are scared of court?

How much do you think a court would expect you to pay even in the unlikely event of you losing the case, but following the guidance here to minimise your costs?
You will by now have seen and read the template Defence. You can see that the argument against excessive costs has already been written for you.

You say you "can’t afford for it to go to court". I put it to you that you cannot afford for it not to go to court.

Sorry for being a bit blunt here... of course I am in no way making any judgement on what you can afford or not afford. That's entirely a matter for you.

No worries, I appreciate that you’re helping. I just wasn’t aware that it is actually cheaper to lose in court than to pay the full amount now! Shocking. I do have the rather annoying knack of being daunted by anything to do with the law so apologies for some of the daftness.

KeithP

I've just read several threads about Pulse Colindale.

The poster on this one...
https://forums.moneysavingexpert.com/discussion/5969707/pulse-colindale-victory/p1
says in the opening post...

...if any one would like my help for Colindale or any related ticket I am more than happy to share my time, documents and experience with them.

Why not send them a PM?
Looks like they live there and could easily get pics.

(but looking at their username, I guess you may have already read that thread)  

fckcpm

KeithP said:

I've just read several threads about Pulse Colindale.

The poster on this one...
https://forums.moneysavingexpert.com/discussion/5969707/pulse-colindale-victory/p1
says in the opening post...

...if any one would like my help for Colindale or any related ticket I am more than happy to share my time, documents and experience with them.

Why not send them a PM?
Looks like they live there and could easily get pics.

(but looking at their username, I guess you may have already read that thread)  

I did come across this as you correctly pointed out regarding the username 😂 (which I am now embarrassed of and would love to somehow change). Sadly, I noticed the poster has not been active for the last 2 years which is a huge shame. Perhaps it might be a good idea to start on my defence using the generic statements in the very helpful example you provided, and if I can’t find anything more specific then so be it, you’ve definitely motivated me enough to not throw the towel in to these questionable companies. Thank you ☺️

Coupon-mad

The claim form even refers to the signage as “The contract”.

Of course, because it is.  It always is.  But terms and consumer notices must be prominent, transparent and fair.  A sign in pitch darkness is not prominent.

D_P_Dance

Some signs are better thanothers, here is a bad one.

https://forums.moneysavingexpert.com/discussion/5972164/parking-eye-signs-oxford-road-reading/p1

Redx

When out driving you park in a bay on a side street , the sign says free for 1 hour , no return for 2 hours , you as the driver are deemed to have accepted the terms of the prominent unwordy sign , the contract , by the act of parking there. Breach it and your vehicle may get a PCN.  From a mobile CEO in a uniform !!

There is no written contract that needs signing , unlike a rental agreement contract , traffic chaos would reign if all drivers were signing written contracts everywhere they went !!

So as mentioned earlier , look for signs , read them , because the act of Parking binds you to the terms and conditions on the sign

Most people who get prosecuted or get a penalty notice on the public roads are flouting the signs , doing 30 mph on a signed 20mph side road , driving the wrong way on a one way street after passing a no entry sign , driving in a signed bus lane in rush hour , our lIves are governed by signs , contracts etc , not many contracts are written and signed by both parties on paper !!

Think about it !!

Ps , I was explaining this recently to my grand daughter who recently passed her test , works in Asda for now and wanted to park on site.  A Parking Eye site

Private parking companies issue between 5 and 10 million PCNs per annum for contractual breach of signs , never mind what local authorities issue as well

fckcpm

Redx said:

When out driving you park in a bay on a side street , the sign says free for 1 hour , no return for 2 hours , you as the driver are deemed to have accepted the terms of the prominent unwordy sign , the contract , by the act of parking there. Breach it and your vehicle may get a PCN.  From a mobile CEO in a uniform !!

There is no written contract that needs signing , unlike a rental agreement contract , traffic chaos would reign if all drivers were signing written contracts everywhere they went !!

So as mentioned earlier , look for signs , read them , because the act of Parking binds you to the terms and conditions on the sign

Most people who get prosecuted or get a penalty notice on the public roads are flouting the signs , doing 30 mph on a signed 20mph side road , driving the wrong way on a one way street after passing a no entry sign , driving in a signed bus lane in rush hour , our lIves are governed by signs , contracts etc , not many contracts are written and signed by both parties on paper !!

Think about it !!

Ps , I was explaining this recently to my grand daughter who recently passed her test , works in Asda for now and wanted to park on site.  A Parking Eye site

Private parking companies issue between 5 and 10 million PCNs per annum for contractual breach of signs , never mind what local authorities issue as well

Redx said:

When out driving you park in a bay on a side street , the sign says free for 1 hour , no return for 2 hours , you as the driver are deemed to have accepted the terms of the prominent unwordy sign , the contract , by the act of parking there. Breach it and your vehicle may get a PCN.  From a mobile CEO in a uniform !!

There is no written contract that needs signing , unlike a rental agreement contract , traffic chaos would reign if all drivers were signing written contracts everywhere they went !!

So as mentioned earlier , look for signs , read them , because the act of Parking binds you to the terms and conditions on the sign

Most people who get prosecuted or get a penalty notice on the public roads are flouting the signs , doing 30 mph on a signed 20mph side road , driving the wrong way on a one way street after passing a no entry sign , driving in a signed bus lane in rush hour , our lIves are governed by signs , contracts etc , not many contracts are written and signed by both parties on paper !!

Think about it !!

Ps , I was explaining this recently to my grand daughter who recently passed her test , works in Asda for now and wanted to park on site.  A Parking Eye site

Private parking companies issue between 5 and 10 million PCNs per annum for contractual breach of signs , never mind what local authorities issue as well

Okay thanks for taking the time to write this, that makes complete sense. The thought of drivers signing contracts on every road they drive on is comical. Based on what you said, I clearly did breach the ‘contract’ but would you still advise presenting a defence? From what I’ve learnt here I can argue the abuse of process, signs that weren’t prominent in the dark and worst case even if I lose I’d be paying less than the ridiculous £260 odd I’m being asked of.

Le_Kirk

fckcpm said:

Redx said:

When out driving you park in a bay on a side street , the sign says free for 1 hour , no return for 2 hours , you as the driver are deemed to have accepted the terms of the prominent unwordy sign , the contract , by the act of parking there. Breach it and your vehicle may get a PCN.  From a mobile CEO in a uniform !!

There is no written contract that needs signing , unlike a rental agreement contract , traffic chaos would reign if all drivers were signing written contracts everywhere they went !!

So as mentioned earlier , look for signs , read them , because the act of Parking binds you to the terms and conditions on the sign

Most people who get prosecuted or get a penalty notice on the public roads are flouting the signs , doing 30 mph on a signed 20mph side road , driving the wrong way on a one way street after passing a no entry sign , driving in a signed bus lane in rush hour , our lIves are governed by signs , contracts etc , not many contracts are written and signed by both parties on paper !!

Think about it !!

Ps , I was explaining this recently to my grand daughter who recently passed her test , works in Asda for now and wanted to park on site.  A Parking Eye site

Private parking companies issue between 5 and 10 million PCNs per annum for contractual breach of signs , never mind what local authorities issue as well

Okay thanks for taking the time to write this, that makes complete sense. The thought of drivers signing contracts on every road they drive on is comical. Based on what you said, I clearly did breach the ‘contract’ but would you still advise presenting a defence? From what I’ve learnt here I can argue the abuse of process, signs that weren’t prominent in the dark and worst case even if I lose I’d be paying less than the ridiculous £260 odd I’m being asked of.

Yep, that's what we have been saying.

Redx

You do appear to understand the basics there , so yes

Although it was the driver ( non specific term ) who may have breached the contract ( not proven yet )

They only know who was driving if somebody tells them who it was !!

In a no comment interview , few people admit that they committed a crime , it's up to the police or local authority to prove their case , so Civil proceedings are no different

A typical loss in court for one PCN is aout £200 or less , so why would anyone pay over £260 ???

Ps , abuse of process is not a valid argument , no idea why you think that

It's the double recovery , the extra spurious charges that are objected to , hard to prove abuse of process and no need to either

KeithP

fckcpm said:

Redx said:

When out driving you park in a bay on a side street , the sign says free for 1 hour , no return for 2 hours , you as the driver are deemed to have accepted the terms of the prominent unwordy sign , the contract , by the act of parking there. Breach it and your vehicle may get a PCN.  From a mobile CEO in a uniform !!

There is no written contract that needs signing , unlike a rental agreement contract , traffic chaos would reign if all drivers were signing written contracts everywhere they went !!

So as mentioned earlier , look for signs , read them , because the act of Parking binds you to the terms and conditions on the sign

Most people who get prosecuted or get a penalty notice on the public roads are flouting the signs , doing 30 mph on a signed 20mph side road , driving the wrong way on a one way street after passing a no entry sign , driving in a signed bus lane in rush hour , our lIves are governed by signs , contracts etc , not many contracts are written and signed by both parties on paper !!

Think about it !!

Ps , I was explaining this recently to my grand daughter who recently passed her test , works in Asda for now and wanted to park on site.  A Parking Eye site

Private parking companies issue between 5 and 10 million PCNs per annum for contractual breach of signs , never mind what local authorities issue as well

Redx said:

When out driving you park in a bay on a side street , the sign says free for 1 hour , no return for 2 hours , you as the driver are deemed to have accepted the terms of the prominent unwordy sign , the contract , by the act of parking there. Breach it and your vehicle may get a PCN.  From a mobile CEO in a uniform !!

There is no written contract that needs signing , unlike a rental agreement contract , traffic chaos would reign if all drivers were signing written contracts everywhere they went !!

So as mentioned earlier , look for signs , read them , because the act of Parking binds you to the terms and conditions on the sign

Most people who get prosecuted or get a penalty notice on the public roads are flouting the signs , doing 30 mph on a signed 20mph side road , driving the wrong way on a one way street after passing a no entry sign , driving in a signed bus lane in rush hour , our lIves are governed by signs , contracts etc , not many contracts are written and signed by both parties on paper !!

Think about it !!

Ps , I was explaining this recently to my grand daughter who recently passed her test , works in Asda for now and wanted to park on site.  A Parking Eye site

Private parking companies issue between 5 and 10 million PCNs per annum for contractual breach of signs , never mind what local authorities issue as well

 I clearly did breach the ‘contract’ but would you still advise presenting a defence?

Wait a minute. You need to get that idea out of your head.

If you saw no signs then you had no opportunity to agree any contract.

If you didn't agree any contract, how do you think it is possible to breach that contract?