CCBC Letter

Coupon-mad

As per the instructions in the template defence about paragraph 2.  It needs editing.

jrw111

is this how it should be presented?

Coupon-mad

But that hasn't edited para 2, as the Template Defence tells people to add, if they were also the driver.

Not_A_Hope

You might find this useful -

If the vehicle was broken down then a frustration of contract will have occurred. It was impossible for the driver to comply with the parking contract terms displayed on the signage.

This is covered by Judge Harris in the Jopson vs Homeguard case (transcript available online) where he said around para 19 or 20 that attending to a small vicissitude such as a flat tyre is not parking.

I would suggest a flat battery is indeed tending to a small vicissitude. This was an appeal court case so is persuasive on the lower courts.

jrw111

Hi, thanks for the feedback, does this look right now? 

Le_Kirk

I would have used the same term that Judge Harris used - a vicissitude - and then you can use Jopson v Homeguard in your witness statement.

Coupon-mad

And add that the Defendant did not enter into any parking contract, not did they see or ignore any prominent signs or terms at the place where the car broke down.  The parking charge was a surprise, not an agreement.

1505grandad

Should "liability is denied" be stated in/end of para 2?

Coupon-mad

Yep.  No idea why some posters remove it.  Clearly important, good spot!
Maybe I'll move it to paragraph 1 so no-one meddles with it.

EDIT:

I have made a few changes to the Template Defence to stop common errors:

https://forums.moneysavingexpert.com/discussion/comment/76880595/#Comment_76880595

Le_Kirk

Coupon-mad said:

Yep.  No idea why some posters remove it.  Clearly important, good spot!
Maybe I'll move it to paragraph 1 so no-one meddles with it.

EDIT:

I have made a few changes to the Template Defence to stop common errors:

https://forums.moneysavingexpert.com/discussion/comment/76880595/#Comment_76880595

Good edits @Coupon-mad, maybe next time you get the chance or feel the need you could add that there is NO need for posters to put up paragraphs 4 to end for critique unless they have made any changes.