County Court Business Centre Claim Form - Here we go again!

Coupon-mad

I looked up Fairlie v Fenton and from what I can understand is that the parking company can't act on it's own and as their signage doesn't say who they're contracted by then the contract is null and void. Let me know if that's the gist or not.

Wrong way round.

A PPC can act as the principal but not if there is a disclosed principal (on the contract).

heroicsatsuma1

So how does that help as I can't see any other principal mentioned on the parking signs? Does the Savills sign at the entrance form part of the 'contract'? 

Coupon-mad

Arguably, yes.  The site is managed by them.  

heroicsatsuma1

Morning all,

I've added my points to the latest defence template (thank you whoever put this together - absolute diamond!).  Is it correct to leave all the points below - they seem to be relevant to my case, but I'm no solicitor.

Between

Total Parking Solutions Ltd

(Claimant) 

- and -            

 (Defendant)

____________________

DEFENCE

____________________

1. The Defendant denies that the Claimant is entitled to relief in the sum claimed, or at all.  It is denied that a contract was entered into - by conduct or otherwise - whereby it was ‘agreed’ to pay a ‘parking charge’ and it is denied that this Claimant (understood to have a bare licence as managers) has standing to sue, nor to form contracts in their own name at the location.

 

The facts as known to the Defendant:

2. It is admitted that the Defendant was the registered keeper of the vehicle in question but liability is denied.  The Defendant was not the driver on the date in question as the 29/04/2019 was a Monday and the Defendant would have been at his place of work. 

3. The Defendant regularly visits the retail park at Purley Way Retail Park, CR0 3JP and was unaware of any restrictions on parking whilst shopping.  It looks from the outset to be free parking for customers as there is no barrier on entry, no signage about maximum duration of stay on entry and no parking meters.  Instead there are signs dotted around, which may not necessarily be visible on the route from the parking space to the shop.  The font size of the text on the signs is barely readable unless stood two foot away.  

Then over two years of constant bombardment of ‘debt recovery’ letters, which has caused undue stress and sleepless nights.  The charges sought are extortionate for the alleged amount of time overstayed - if there was a fee to pay on entry/exit this would be a far fairer way of operating.  This type of charge seems very underhanded and preys on people with children or disabilities as it can take additional time to get around the retail park which is very large.

Redx

I respectfully suggest that you only post the numbered paragraphs that you have changed , not the rest of the template. Few if any people here will read , check and critique a whole defence , nor should we , because the unchanged paragraphs do not need to be checked , only your homework

Ps , I notice that you are also asking legal questions , we don't give out legal advice , solicitors and lawyers do that , for a fee

However , we will give personal opinions , with no guarantees of them being correct , so untrained advice from lay people ( unpaid volunteers ). 😁😁🤔🤔🤔

Good luck

heroicsatsuma1

Also just received a letter from BW Legal stating:

If you defend the claim, the court will then set a hearing date where a judge will then consider both parties' statements and either award a County Court Judgment ("CCJ") against you, or dismiss the claim.  Such hearings will result in additional costs & fees being incurred which we would seek to recover from you if we are successful.

Thought you only got a CCJ if you lose and then fail to pay?

nicestrawb

heroicsatsuma1 said:

Thought you only got a CCJ if you lose and then fail to pay?

Well, the long answer is that a CCJ is a "county court judgement". By definition, every case has one at the end of it. If it's found against you and you have to pay, the judgement is just that. If you FAIL to pay within 30 days, then and only then, does it go down against your credit rating etc.

heroicsatsuma1

@Redx I get that - just posters on here seem a lot more clued up about this than I am and it says we win 99% of well-defended court claims, so I'm just trying to make sure I'm not in the 1%.

Thanks for clearing that up @nicestrawb
 

Coupon-mad

The Defendant regularly visits the retail park at Purley Way Retail Park, CR0 3JP and was unaware of any restrictions on parking whilst shopping

That bit makes little sense if you are saying you were not the driver on this occasion.  Change it to 'the Defendant's family regularly visit...'

heroicsatsuma1

Thanks @Coupon-mad - makes more sense now - so just need to submit the defence & photos, fill out the N180 and wait for a date for the hearing I guess