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Thought I had a defence lined up, now doubting myself

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Comments

  • MildPanic
    MildPanic Posts: 25 Forumite
    10 Posts Name Dropper
    edited 24 January 2022 at 7:19PM
    OK, I think I am tying myself up in knots here and doubting everything more than ever.

    This feels like a lot of stress and I'm trying to weigh up if it is worth fighting it.  I had hoped it would disappear.

    Is my circumstance of running out of fuel, a technicality? IE I deny entering into a contract as my intention was never to park but to move myself to safety?


  • Their signage, or lack or it,  is a technicality which is why you have to dig and do your homework I'm afraid.

    You seem to be doing what the cowboys want you to do,  caving in,  giving up and paying.  Have you really got money to throw away ?? 



  • Redx
    Redx Posts: 38,084 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper Photogenic
    edited 24 January 2022 at 8:54PM
    I would have thought that the chance of paying a lot less than the Claim form total , or paying nothing at all , would indicate that it is worth fighting , it does to me , no matter what the claim is about !

    So unless you know different , defend yourself , even if it costs £200 and not £290 !

    But be sure that you have not put money on a lane horse like abuse of process , but on signage issues , no contract with the claimant , no contract between claimant and landowner , or the laws of the land , etc

    Know your Defence points , not a pie in the sky 1% chance like abuse of process ( which is what you asked about )

    I did mention a lot of this 2 weeks ago , when I told you that abuse of process ( not power ) was no defence to the main claim regarding the PCN
  • What is the name of the carpark ??
  • MildPanic
    MildPanic Posts: 25 Forumite
    10 Posts Name Dropper
    edited 24 January 2022 at 7:49PM
    I don't want to cave in and pay.  

    I'm feeling frustrated with the lack of evidence I have re signage/landowner etc.

    I've googled the car park, found some old threads that had photos posted but these are now unavailable.

    I've found 1 photo of the signage but it is dark and the sign is near enough illegible, it does highlight to a certain degree how small the sign and writing was and how high up the signs were placed, which even in daylight would have been out of my ability to read it but again, would that carry any weight for me?



  • MildPanic
    MildPanic Posts: 25 Forumite
    10 Posts Name Dropper
    edited 24 January 2022 at 7:50PM
    What is the name of the carpark ??
    Overline House Crawley

    Not the station car park, the land next to it that was managed by Star Park.

    GSV history shows little to no detail on the sign within the carpark that is visible from the road, like they've been blurred.
  • patient_dream
    patient_dream Posts: 4,049 Forumite
    1,000 Posts Fourth Anniversary Photogenic Name Dropper
    edited 24 January 2022 at 8:11PM
    MildPanic said:
    OK, I think I am tying myself up in knots here and doubting everything more than ever.

    This feels like a lot of stress and I'm trying to weigh up if it is worth fighting it.  I had hoped it would disappear.

    Is my circumstance of running out of fuel, a technicality? IE I deny entering into a contract as my intention was never to park but to move myself to safety?


    You are thinking in the wrong mode.  I don't think you understand just how powerful the members of this forum are 

    The parking industry including the dodgy legals FEAR this forum and so they should be with the rubbish they produce. In general, from the parking companies to the dodgy legals it's a copy and paste robo claim 

    Follow to the letter what others say and never bow down to scammers
  • Redx
    Redx Posts: 38,084 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper Photogenic
    MildPanic said:
    I don't want to cave in and pay.  

    I'm feeling frustrated with the lack of evidence I have re signage/landowner etc.

    I've googled the car park, found some old threads that had photos posted but these are now unavailable.

    I've found 1 photo of the signage but it is dark and the sign is near enough illegible, it does highlight to a certain degree how small the sign and writing was and how high up the signs were placed, which even in daylight would have been out of my ability to read it but again, would that carry any weight for me?



    Their evidence , including pictures of signs and a plan of the car park with sign locations etc , plus documents , comes to you at the WS plus Exhibits stage in several months time , so you put them to strict proof of everything , even if you have nothing , no signs etc

    They are the Claimant , so must prove their case to the judge , including signs and maps etc , so you will see their exhibits in a few months time , so no point stressing about it now

    You aver that the signs were sparse , poorly lit and not up to scratch. They must prove their case , or fail

    They must prove that a valid contract existed at the time , or fail

    You don't have to prove anything !

  • Overline House and Crawley station were part of a council regeneration scheme with Arora Group property developers.

    A quick polite email to the council planning dept and Arora asking for any information at all regarding that plot of land next to it or help tracing the landowners may uncover something.  Don't hold your breath but if you don't ask you dont get and you have to try anything at this stage.

    You dont have to mention a parking ticket, many people switch off when they see those words.

    publicrelations@thearoragroup.com




  • I know you said the carpark is now closed and barricaded but can you definitely not get back in there on foot to check it out ?? 
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