Phase 1: CCJ Removed. Phase 2: Claim Discontinued. Phase 3: Costs.

Fruitcake

You can, and should highlight the fact that the claimant has failed to comply with a court order. I do suggest however that you remove the part where you say you think it is deliberate. 

In para 8, I would replace, "wasn’t received" with "was not served."

If you are going to include lack of proper ADR, then mention that the ADR regulations, Schedule 3, Section 13, para (e), require that ADR must be offered to a consumer for not less than twelve months. It is the will of parliament that this will be included in the forthcoming mandatory parking code of conduct.

The Alternative Dispute Resolution for Consumer Disputes (Competent Authorities and Information) Regulations 2015 (legislation.gov.uk)


The IAS never name the assessors on their website. This is a breach of Schedule 3, Section 5 Transparency, para 5 (c)

Harvez63

@Fruitcake thank you, if I have understood you correctly I have added them to the Defence doc on page 44, para 29 and 30, and amendment to para 8. 

Not sure if its easier editing my original defence post or constantly posting the changes 

Coupon-mad

We say post the new draft please!

Harvez63

** Defence removed for clarity, see latest post **  

Harvez63

** Defence removed for clarity, see latest post **   

Coupon-mad

This sounds like an underground tube station:

"The car park is next to subway"

Give it a capital initial and change to:

The car park boundary includes and appears to serve the retail store Subway

1505grandad

Just checking:-

Para 28  -  "The rival Trade Bodies' time-limited and opaque 'appeals' services fail to properly consider facts or rules of law and reject almost any dispute: e.g. the IAS upheld appeals in a woeful 4% of decided cases (IPC's 2020 Annual Report). "

Para 30  -  " The IAS never name the assessors on their website. This is a breach of Schedule 3, Section 5 Transparency, para 5 (c)"

The only reference to "IAS" relates to IPC whereas the claimant is a BPA AoS member.

Harvez63

Coupon-mad said:

This sounds like an underground tube station:

"The car park is next to subway"

Give it a capital initial and change to:

The car park boundary includes and appears to serve the retail store Subway

Like this?

5.    The car park is next to Subway, The car park boundary includes and appears to serve the retail store Subway but the parking is apparently owned by Vets4Pets in the building adjacent. Two signs are placed on the wall noting Vets4Pets, which are directly central to the car parking bay, and when a car is parked in front of them, unreadable. The Defendant did not park in these spaces, or any space as a matter of fact. 

Coupon-mad

Yep that's fine.

Harvez63

@1505grandad have I done something wrong? I'm completely lost in that part to be honest