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  • Wigwamfan
    Wigwamfan Posts: 63 Forumite
    Tenth Anniversary 10 Posts Name Dropper Combo Breaker
    Include whatever you think you want to include but please read what to put and make it robust.
    Indeed I shall but time limited. Need to understand if I can for e.g. refer to video footage but not include the actual footage at this stage. And if I miss a relevant point now, can I still include that point at later date 
  • Umkomaas
    Umkomaas Posts: 43,392 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Refer to the video footage even if you're not forwarding it.  Let them wonder what you've got.

    Responding to a LBC deadline is not as absolutely critical as, say, Defence and Witness Statement deadlines.  Nonetheless, there's still a week available, but a LBC response doesn't need to be detailed - a short note to say you deny any debt exists, or is owed to their client. Should they issue court proceedings you will, with expert assistance, robustly defend the claim. That's about it - put up, shut up or bring it on stylee. 
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

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  • Wigwamfan
    Wigwamfan Posts: 63 Forumite
    Tenth Anniversary 10 Posts Name Dropper Combo Breaker
    Umkomaas said:
    Refer to the video footage even if you're not forwarding it.  Let them wonder what you've got.

    Responding to a LBC deadline is not as absolutely critical as, say, Defence and Witness Statement deadlines.  Nonetheless, there's still a week available, but a LBC response doesn't need to be detailed - a short note to say you deny any debt exists, or is owed to their client. Should they issue court proceedings you will, with expert assistance, robustly defend the claim. That's about it - put up, shut up or bring it on stylee. 
    Is it not worth submitting a strong defence now though to try & facilitate discontinuance by PPC at this stage rather than waiting for court proceedings? 

    Or am I in a dreamworld thinking PPC/solicitor will actually consider any defence at this stage/ will back down at this point? Am I just on an auto treadmill towards claim form or silence? 

    Will solicitor even send my defence to PPC for consideration (do they have to) or will they just have an auto response ready & put me in "Issue Claim Form" or "Place on hold & chase at later date" pile?! 

    If it can make a difference, I'll put some effort into a robust response now but if on a treadmill I may aswell send basic deny debt response & wait it out....

    Does it go in defendant's favour that robust efforts made at this stage to prevent matter getting to SCC (should it get that far)?  
  • Wigwamfan
    Wigwamfan Posts: 63 Forumite
    Tenth Anniversary 10 Posts Name Dropper Combo Breaker
    Know can't second guess a judge but thinking those with experience of SCC might have an idea of whether defendant putting some effort in at early stages can work in their favour? 
  • Le_Kirk
    Le_Kirk Posts: 24,615 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    Your defence, when you receive the claim form from CCBC, will be sent to CCBC by you and it will be forwarded to the PPC by the CCBC, at which point the PPC will decide whether to proceed or drop it.
  • Wigwamfan
    Wigwamfan Posts: 63 Forumite
    Tenth Anniversary 10 Posts Name Dropper Combo Breaker
    Hi, it's me again, the "overthinker" 😉 

    I've taken your advice & set to work researching my robust defence. Can I clarify a couple of things pl:

    1. Can I argue "No legit interest in enforcing a charge" & therefore charge is an unenforceable penalty? Does a free museum have a legit interest..?
    I am arguing i believed I possibly parked in a uni campus space (nil clear signage within car park confirming this either), on a Sun when building closed & not being used by staff & students (so there would be no legit interest in enforcing a charge?). 


    2. All correspondence sent to me states "Location" (of contravention) as Salford Museum. My argument is that signage wasn't BPA compliant or clear I was parked in a museum space so contract invalid, indications imo were I was parked in a Salford Uni space. PPC also manage the uni spaces though so can it be argued I was still under contract with them? (although no clear signs within car park either way). Does "location" have to actually state Salford Uni for contract to be enforceable or is it merely a descriptor? 

  • Wigwamfan
    Wigwamfan Posts: 63 Forumite
    Tenth Anniversary 10 Posts Name Dropper Combo Breaker
    The museum website currently states:

    "Parking is limited. We have a small car park to the front of the building which includes 3 accessible bays for blue badge holders. There is also a selection of University run car parks in the local area. For more information please visit the  University website."

    When you click on the link, the car park I parked in is not listed....
  • Wigwamfan
    Wigwamfan Posts: 63 Forumite
    Tenth Anniversary 10 Posts Name Dropper Combo Breaker
    I've logged onto solicitor portal today & note case status is "post litigation". What does this term mean please? Think it was previously "LBC"
  • Coupon-mad
    Coupon-mad Posts: 152,166 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Means they've filed a claim, coming your way.

    Answering your questions:

    1. this is already in the template defence.

    2. that argument about location, including the website defining the museum car park as the small area, does have legs.


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