BW Legal court claim letter

mhagle

thank you Coupon-mad, but I do not have any other arguments that i can use as i believed that these cases would be useful and a strong argument to use for my case interms of the signage being forbidding and as i parked on an area they say is an estate road for a few minutes so i am really confused at this stage. 

Coupon-mad

mhagle said:

thank you Coupon-mad, but I do not have any other arguments that i can use as i believed that these cases would be useful and a strong argument to use for my case interms of the signage being forbidding and as i parked on an area they say is an estate road for a few minutes so i am really confused at this stage. 

But you do - because I've shown you one to copy and adapt, from today.  It even includes the STANDARD EXHIBITS 4, 5 & 6 that you will attach.

i.e. I am telling you to copy & adapt that one.

All you do is put your own facts in and replace their exhibits 1, 2, 3 with:

1. your signage photos and
2. proof of joining the gym (if you did) and
3. PCM v Bull (the actual court transcript)

...and write a few words in the WS to introduce your Exhibits, like that person did at the start.

Remove their exhibits 1, 2, 3 and 7 & 8 obviously!  Make it your own but use it as your base.

Copy MOST OF IT.

mhagle

Thank you again, but where can i find the transcript of pcm and bull and the other ones? 

Coupon-mad

You only want Bull. Not three cases. Search the forum.

Le_Kirk

mhagle said:

Thank you again, but where can i find the transcript of pcm and bull and the other ones? 

Coupon-mad said:

You only want Bull. Not three cases. Search the forum.

There was a thread today asking about PCM v Bull with, I believe a link or, failing that, search the forum or ask Auntie Google.

mhagle

I have searched online but can’t find the transcript is it only a paragraph? As there was a parking prankster website but it is down.

Can anybody help me please as i have to send my witness statement by tomorrow please and this is the case i need to insert into my witness statement as it is my argument against the parking charge. 

 

Coupon-mad

No it's not only a paragraph.

It's linked in this forum somewhere but anyone looking would have to search the forum not 'online' anywhere else.  You can find it.

PCM v Bull is NOT a silver bullet though.

Please show us your draft WS today, based HEAVILY on the one by @baz417 and we'll help.

mhagle

1.       I am ...., and I am the defendant against whom this claim is made against. The facts below are true to the best of my belief and my account has been prepared based upon my own knowledge.

2.        In my statement I shall refer to exhibits within the evidence supplied with this statement, referring to page and reference numbers where appropriate. My defence is repeated and I will say as follows:

Sequence of events

3.      Firstly, I have appended the actual signage at the location Exhibit 1.

4.      I went to register at Any Time Fitness. The signage was on the other side of the road which states that the terms and conditions are:

·         No parking on the estate roadways at anytime

5.      I parked my car ...... on the side of the road where there was no sign close to the gym where I wanted to sign up (EX-1). The Sign is confusing as it is not clear if the parking is forbidden on the other side of the road only.

 

6.      The signs present on the site are perplexing and actually work against the formation of a contract. Not only do we encounter restrictive signs, which are incapable of constituting a contract as seen in cases like PCM-UK v Bull et al B4GF26K6 [2016], UKPC v Masterson B4GF26K6 [2016], and Horizon Parking v Mr J C5GF17X2 [2016], but they are juxtaposed with "No Parking" signs which similarly fail to establish a contract. Displayed in Exhibit 1 is one such sign from the site at that time. Once more, I urge the Court to acknowledge that no contract has been established, rendering any breach irrelevant. In all three previously mentioned cases, the signage was ruled as prohibitive, thereby denoting a mere act of trespass that falls under the jurisdiction of the landowner.

7.      Furthermore, the same signage as displayed in Exhibit 1 corresponds to the signage showcased in PCM-UK v Bull et al B4GF26K6 [2016], UKPC v Masterson B4GF26K6 [2016], and Horizon Parking v Mr J C5GF17X2 [2016] as depicted in Exhibit 2. The judge presiding over the latter case concluded that this sign does not carry the weight of creating a contract, leading to the dismissal of the case. Therefore, it can be inferred that the driver did not engage in any 'charge agreement,' nor did any form of consideration pass between the parties, ultimately resulting in the absence of a contract. The establishment of a contract mandates an offer, acceptance, and consideration between the parties involved. What, then, is actually being offered by that sign?

8.      The foundation of contract law relies on the principles of offer, consideration, and acceptance. Given the lack of any offer concerning parking, the absence of consideration to be acknowledged is apparent, thereby eliminating any possibility of acceptance.

 

9.      The Defendant denies that the signs at this location meet the mandatory test of transparency of terms that are 'bound to be seen', as set out within the Consumer Rights Act 2015. For a driver any terms relating to a parking contract would have had to have been extremely clear in all places within the site, in very large letters to ensure all drivers were 'bound to see' the terms. The text used to display the £100 PARKING charge is very small and unreadable compared to the ‘NO PARKING ON THE ESTATES ROADWAYS AT ANY TIME’ text.

10.  It is therefore denied that the signs used by the claimant can have created a fair or transparent contract with a driver in any event hence incapable of binding me to as the claimant failed to comply with the international parking company code of practice ‘PART E Schedule 1- Signage’(EX-3). Entrance signs requirements, ‘Have a clear and intelligible wording and be designed such that it is clear to the reasonable driver that he is entering into a contract with a creditor or committing a trespass as the case may be’. 

Exaggerated Claim and 'market failure' currently being addressed by the Government

mhagle

this is what i have written so far. 

Coupon-mad

Very good!  You found the PCM v Bull transcript then.  Could you please link it in a reply to help others find it?

And you've also continued with the example WS in full and are using the standard exhibits 4, 5 & 6 that reflect what the NEWBIES thread tells everyone to use?    

Change things like: "The Defendant denies" to "I deny" because a WS is your story written in the first person.

And if you have incurred any costs (day off work for the hearing?) also attach a costs sheet to the PDF bundle (no Word docs please) and remember to ask for your costs if you win.

Obviously the WS bundle goes to BW Legal and the local court handling the case, NOT THE CCBC which was only a gateway admin centre months ago.