Claim Form - Please help

Mouse007

Ifte.hussain1 said:

I'm not denying I overstayed in the "free" car park, so what is my defence ... ?

Your defence is about the signs and what is known as Lord Denning’s Red Hand Rule. You need to compare the signs with those that Parking Eye use and understand why they won their Supreme Court case against Beavis.

The claim against you is for breach of contract. That contract was allegedly on a sign, but what does that sign actually say? Did you see it? Could you read it? Did it make you an offer? Were the terms clear?

For a contract to exist there must be an offer and acceptance and consideration must flow both ways. In parking terms that may be you may park here on payment of a fee, or you may park here for so long and leave and in return you agree to pay £100 if you do not leave in time.

Signs which say “Permit holders only” or “No parking” are not making an offer and can not therefore create a contract.

Where PPCs get dirty is with the actual definition of parking and grace periods to consider terms, find a space, pay and leave. They deploy numerous traps to catch as many as possible. They use badly worded and confusing signs with unclear terms and conditions which hide the consequence (£100 charge) of any breaches in the small print. Doing so is against the Red Hand Rule.

There are rules and Court cases about signs, have they broken these rules or judgments?

If you can satisfy the Court that you did not enter into a contract then the case is over. You did not enter into a contract if you did not park, stopping is not parking. You did not enter into a contract if you could not see or read the signs. You did not enter into a contract if there was no offer to park.

But it is your job to persuade the Judge on these points, to do that you must understand it inside out and rehearse your argument over and over in your head.

In the Beavis case it was agreed by both parties that the sign had created a contract. The Parking Eye signs were held to be clear and prominent, the £85 charge complied with the Red Hand Rule.

Go back to the signs outside Wren's.

fast_furious

Thank you for the advice. I will go back and check out the signs.

Boat_to_Bolivia

Apologies OP, but I have a question for the regular experts.

Shouldn't the OP still be pursuing Plan A?

I feel like I'm missing something here but I can't see what.

I know it's imperative that the OP submits their defence on time, but given the circumstances, shouldn't they still be badgering the retailer to get the invoice cancelled as well?

*I've donned my tin hat already*

KeithP

Boat_to_Bolivia said:

Shouldn't the OP still be pursuing Plan A?

Yes of course they should.

The OP did say in the opening post...

Ifte.hussain1 said:

...we were shopping for a Kitchen at Wren. 

The design and looking for a kitchen did take a long time and I did mention to them about parking which they assured me will be fine.

I called Wren and they said someone will sort this out but they never did.

And your post yesterday - 24 February at 11:32AM ...

Boat_to_Bolivia said:

Wrens can get this invoice cancelled. You need to contact them again with a very strongly worded complaint. A valued customer who has just spent thousands of £'s on a new kitchen has now been issued with a letter before claim for parking whilst in their shop.

...was read by the OP but it looks like they decided for some reason, that as a Claim had been issued, there was no avenue for further complaint.

Boat_to_Bolivia

Thanks @KeithP

Umkomaas

Which parking firm is DCB Legal representing?  Some follow a more predictable path than others. 

I also thought I'd draw your attention to this fairly recent thread which you might have not yet seen. You must keep going through all the necessary court procedure phases, but the hope is that your case will follow the same pattern as all those detailed in the thread. 

https://forums.moneysavingexpert.com/discussion/6377263/dcb-legal-record-of-private-parking-court-claim-discontinuations/p1

fast_furious

Umkomaas said:

Which parking firm is DCB Legal representing?  Some follow a more predictable path than others. 

I also thought I'd draw your attention to this fairly recent thread which you might have not yet seen. You must keep going through all the necessary court procedure phases, but the hope is that your case will follow the same pattern as all those detailed in the thread. 

https://forums.moneysavingexpert.com/discussion/6377263/dcb-legal-record-of-private-parking-court-claim-discontinuations/p1

UK Parking Control 

fast_furious

KeithP said:

Boat_to_Bolivia said:

Shouldn't the OP still be pursuing Plan A?

Yes of course they should.

The OP did say in the opening post...

Ifte.hussain1 said:

...we were shopping for a Kitchen at Wren. 

The design and looking for a kitchen did take a long time and I did mention to them about parking which they assured me will be fine.

I called Wren and they said someone will sort this out but they never did.

And your post yesterday - 24 February at 11:32AM ...

Boat_to_Bolivia said:

Wrens can get this invoice cancelled. You need to contact them again with a very strongly worded complaint. A valued customer who has just spent thousands of £'s on a new kitchen has now been issued with a letter before claim for parking whilst in their shop.

...was read by the OP but it looks like they decided for some reason, that as a Claim had been issued, there was no avenue for further complaint.

I have sent a complaint letter to Wren, I am trying to fight this case both ways.

fast_furious

I have received the information via the SAR, they only hold a picture of my vehicle (allegedly arriving with a time stamp) and same when leaving.

They have attached the original invoice/ fine which was originally issued to my old address and follow up to my old address. They are claiming they don't have my new address even though they have sent reminder letters to my new address, so this means they are withholding information? 

I did change my address with the DVLA / Log Book, but that was after the first invoice/ fine.

Coupon-mad

They aren't withholding anything.  They traced your new address, which is fine.

Ukpc cases are easy to defend and almost all are discontinued by DCBLegal before any hearing.  It is all a battle worth fighting!