Excel Parking Letter of Claim

edited 31 July 2021 at 8:16PM in Parking Tickets, Fines & Parking
105 replies 1.8K views
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  • Coupon-madCoupon-mad
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    Why would you remove the bit that shows how the Beavis case is different?
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top of this/any page where it says:
    Forum Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • Bonez257Bonez257 Forumite
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    Jenni_D said:
    There are two elements to Beavis that can be helpful:

    i) The signs in that case were very clear, easy to read and understand. The signs were also easy to find and were obvious
    ii) It was taken as fact that the PCN amount on the signs were inclusive of all costs of business, so the £85 included debt recovery costs (so can be used against the £60+ that gets added at court stage in false debt recovery charges)
    I see. So in my case its £100 (instead of £85) + £60 debt collection charge? I just wanna be clear on what i'll have to change
  • Bonez257Bonez257 Forumite
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    Why would you remove the bit that shows how the Beavis case is different?
    For some reason I thought it didn't apply to my specific case as the template set by @jrhys mentions not noticing signage at all but in my case its there but covered in graffiti or hidden
  • edited 9 November 2021 at 1:26AM
    Coupon-madCoupon-mad
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    edited 9 November 2021 at 1:26AM
    Change the example to make sense for your story.

    In Beavis it was found that Barry B did see the signs and they were plentiful, brief and clear to read.  He lost his case and the Judges decided he had accepted a contract to pay £85 and that sum covered the costs and profit of an automated parking regime, so £85 was not a penalty, it was a charge that had commercial justification (so the story goes, in the heads of the rich Supreme Court Judges).

    Given that case is the only Supreme Court case, you can see it is vital to distinguish your case from the facts of that case, that a lazy Judge might otherwise assume is a relevant 'authority' that applies to all private parking cases.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
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  • Bonez257Bonez257 Forumite
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    12.       Even taken as an extreme close-up, with no proof as to its visibility from the parking area, the sign that the Claimant has presented as evidence has vague/hidden terms and a mix of small font, so as for it not to allow the opportunity for anyone to become acquainted with its terms. As such, as specifically outlined in Example 10 of Schedule 2 of the Consumer Rights Act 2015, the signage constitutes an unfair customer notice, and, pursuant to s62 of the same act, any terms would be considered incapable of binding any person reading them under common contract law. Consequently, it is my position that, even if I had seen signage of the sort presented by the Claimant – which was illegible/concealed – no contract to pay an onerous penalty would have been seen, known or agreed.

    I got this from the @jrhys template with mentions of the Claimant presenting evidence. I have not received any documents from the claimant regarding my own case detailing "evidence". Is this referring to signage at the car park or actual evidence submitted by the Claimant?

    Thanks
  • edited 12 November 2021 at 7:30AM
    RedxRedx Forumite
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    edited 12 November 2021 at 7:30AM
    If you are at the WS stage , so is the claimant !  You submit yours to all parties , so do they , by a deadline set by the court order. I would say it was their exhibits.

    The WS stage is actually this

    The WS plus Exhibits plus the summary costs assessment , 3 items in total , in a bundle

    So you will get their evidence ( exhibits ) , but maybe not before you submit yours , although once you do receive their bundle you could submit a supplementary WS to cover this

    Or you word it on the basis that you believe to be true having not received any exhibits yet
    Newbies !!
    Private Parking ticket? check the 2 sticky threads by coupon-mad and crabman in the Parking Tickets, Fines & Parking Board forum for the latest advice or maybe try pepipoo or C.A.G. or legal beagles forums if you need legal advice as well because this parking forum is not about debt collectors or legal matters per se
  • Coupon-madCoupon-mad
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    I got this from the @jrhys template with mentions of the Claimant presenting evidence. I have not received any documents from the claimant regarding my own case detailing "evidence". Is this referring to signage at the car park or actual evidence submitted by the Claimant?
    That's why it's not a template.  In his case he saw their WS first. Change the wording and talk about what you have seen to make you conclude that the signage is pants (GoogleStreeview from that year?).


    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top of this/any page where it says:
    Forum Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • edited 14 November 2021 at 6:01AM
    Bonez257Bonez257 Forumite
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    edited 14 November 2021 at 6:01AM
    UPDATE

    I have completed my first draft but have no idea what website i could (other than google drive?) use to create a URL to share on this forum. Can someone recommend one please?

    Thanks
  • Jenni_DJenni_D Forumite
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    Dropbox perhaps?
    Jenni x
  • Bonez257Bonez257 Forumite
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    Thank you Jenni :)

    https://www.dropbox.com/scl/fi/7xqpidx4ttqw11ex7hsm2/BONEZ257-WS.docx?dl=0&rlkey=rj46x7tm4y7wgnu0b0hc8wz7x

    I've removed the redacted land owner contract bit as I thought it was irrelevant to my case. Other than that I've uploaded many pictures and tried to detail as much as possible.
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