Preparing a Defence for UK Park management

Daiapolon2021

hi here is the claimant WS https://www.dropbox.com/home/UKCPM?preview=Claimant+WS.pdf. I am only attaching materials relative to the Claim. No intro or exhibits. If they are needed I will add them. In point 41 they say I claimed to be the lessee but do not attach any proof for it. In point 43 they say there were paying spots nearby but there were no signals regarding this. In point 48 they say I did not require any additional into when in fact I did a DSAR. Any other points come up to you? Thanks! 

Coupon-mad

Link doesn't work for me. Not sure that's a shared link.

Daiapolon2021

let me try again

Daiapolon2021

https://www.dropbox.com/s/t5qnz6p5cwi0in4/Claimant WS.pdf?dl=0 this should work

Coupon-mad

It's just the usual drivel template WS seen in all other claim threads. Same as any defence thread case you read (and you are advised to have read loads of claim threads, so that you'd be well prepared and know what to expect from them).

Why do they say the driver was not acting as a consumer?

Remind us why the car was there in the permit bays and what the driver was doing, if not a consumer?

Why didn't the driver use a JustPark tariff bay?

Daiapolon2021

thanks @Coupon-mad but I don't understand the point you are trying to make in your previous post. Do you actually want an answer or you are just puzzled by the Claimant's WS? Thanks for all your help.

Coupon-mad

We need an answer so we understand your position and why they are saying the driver was not acting as a consumer. Are they right?

Daiapolon2021

Why do they say the driver was not acting as a consumer? they just state it without explaining why

Remind us why the car was there in the permit bays and what the driver was doing, if not a consumer? Driver was parking there on a Sunday to go to a local business for dinner. So there is no 'professional' angle here but only a consumer angle imo.

Why didn't the driver use a JustPark tariff bay? there was no visible JustPark tariff bay from where the driver parked and in no way was the driver made aware of such option on signage where he parked.

Let me know if this answers your questions fully please. 

Coupon-mad

Yes.  That helps!

So they are completely and utterly wrong and possibly copied that from a different case where a driver wasn't acting as a consumer!

Call them out on this at the hearing. They've tried to misdirect the Judge to disregard the protections of the CRA 2015 and the tests of fairness and prominence of terms. That's appalling.

Castle

Coupon-mad said:

Yes.  That helps!

So they are completely and utterly wrong and possibly copied that from a different case where a driver wasn't acting as a consumer!

Call them out on this at the hearing. They've tried to misdirect the Judge to disregard the protections of the CRA 2015 and the tests of fairness and prominence of terms. That's appalling.

Under Section 2(4) (Key Definitions) of the CRA2015; the "Trader" must prove it:-

4)A trader claiming that an individual was not acting for purposes wholly or mainly outside the individual’s trade, business, craft or profession must prove it.