CAPITAL CAR PARK CONTROL / DBL LEGAL COSTA COFFEE PCNs

Metaphysicist

Coupon-mad said:

You'd be better suing Costa Coffee for your loss, I think. Assuming they signed the contract (or was it a third party landowner)?

@Coupon-mad Contract signatures are not visible as they’ve been blacked out using a permanent marker. I have uploaded the contract on page 9 on this thread. 

Regards 

Metaphysicist

@Coupon-mad

So do you not think it’s worth pursuing with a different judge if I was to submit EX340? 

Thanks 

Coupon-mad

No - personally I don't think you'd get permission so it might be a wasted fee.

If the Judge could construe the contract from the info on it, then the actual signatures aren't important.  If it was able to be construed by a Judge then Hancock v Promontoria is distinguished.

Metaphysicist

@Coupon-mad Do you think I have strong grounds to launch a claim against Costa Coffee?

Thanks

Coupon-mad

Metaphysicist said:

@Coupon-mad Do you think I have strong grounds to launch a claim against Costa Coffee?

If you think they are the party that contracted the PPC (with inadequate signs that Costa themselves then improved, too late) then they are possibly liable for your loss and it'll only cost you a £35 court fee to give it a go for £300.

The other good thing is that Costa might not defend in time, in which case you get a CCJ and can send in the bailiffs.

Better than trying a Court appeal, which costs 3 figures even to ask for permission and then - if you get permission which I am not seeing a case for - risks solicitor's costs as the PPC would fight it.

Worst case is that Costa defend and you don't win - but no risk - as it's a small claim there are only capped costs.  Might be worth a punt and will send a signal to Costa UK not to sign contracts with PPCs.

First step is: send Costa Head Office (UK) a LBC by post - keep proof of posting - with a copy of the inadequate signs that caused the issue, and the landowner document and say 'is this your contract? Because I'm about to issue a £300 small claim against you for causing me actual loss and distress, by allowing your agents to operate with inadequate signage and against the legitimate interests of your customers'.

Give them a fair chance; invite Costa to tell you if this is not their contract and give them a 21 day deadline to reply to the LBC or you will file a claim on MCOL without further notice.

By doing that you should find out at least whether they signed it or if you must go after a third party property agent or landowner.

Metaphysicist

Coupon-mad said:

Metaphysicist said:

@Coupon-mad Do you think I have strong grounds to launch a claim against Costa Coffee?

If you think they are the party that contracted the PPC (with inadequate signs that Costa themselves then improved, too late) then they are possibly liable for your loss and it'll only cost you a £35 court fee to give it a go for £300.

The other good thing is that Costa might not defend in time, in which case you get a CCJ and can send in the bailiffs.

Better than trying a Court appeal, which costs 3 figures even to ask for permission and then - if you get permission which I am not seeing a case for - risks solicitor's costs as the PPC would fight it.

Worst case is that Costa defend and you don't win - but no risk - as it's a small claim there are only capped costs.  Might be worth a punt and will send a signal to Costa UK not to sign contracts with PPCs.

First step is: send Costa Head Office (UK) a LBC by post - keep proof of posting - with a copy of the inadequate signs that caused the issue, and the landowner document and say 'is this your contract? Because I'm about to issue a £300 small claim against you for causing me actual loss and distress, by allowing your agents to operate with inadequate signage and against the legitimate interests of your customers'.

Give them a fair chance; invite Costa to tell you if this is not their contract and give them a 21 day deadline to reply to the LBC or you will file a claim on MCOL without further notice.

By doing that you should find out at least whether they signed it or if you must go after a third party property agent or landowner.

Hi,

this the route I am taking now will draft the letter now and post on here. 

Regards 

Metaphysicist

Letter before claim

Costa Coffee Corporate Office

Knaves Beech Business Centre, Davies Way, Loudwater, 3 HP10 9QR

To Whom It May Concern, 

Reference: Inadequate signage that has led to substantial losses. Location: Costa Coffee 688-690 Chigwell Rd, Woodford, Woodford Green IG8 8AH. The signage has now been updated to reflect the free parking for Costa customers after numerous complaints from other users. 

As it has not been possible to resolve this matter amicably, and it is apparent that court action may be necessary, I write in compliance with the Practice Direction on Pre-Action Conduct.

I received 3 private parking notices for parking in Costa bays which I was advised by Costa staff are for use by Costa customers. 

From you, I am claiming £450.00 which includes the court’s decision to uphold the PCNs and the time, effort and further costs incurred for attending court, on two separate occasions. 

I have calculated this sum based on how much I have paid out for the entirety of the claim being pursued and have simply added £127.00 for further costs, which is Congestion charge attending court time off work stress and distress. 

Listed below are the documents on which I intend to rely in my claim against you:

• Inadequate signage

• PPC Contract 

In accordance with the Practice Direction on Pre-Action Conduct, I would request that you provide me with copies of the following documents:

Landowner document. 'Is this your contract? (Attached below)

I can confirm that I would be agreeable to mediation and would consider any other system of Alternative Dispute Resolution (ADR) in order to avoid the need for this matter to be resolved by the courts. 

I would invite you to put forward any proposals in this regard. 

In closing, I would draw your attention to paragraphs 15 and 16 of the Practice Direction, which gives the courts the power to impose sanctions on the parties if they fail to comply with the direction including failing to respond to this letter before claim. 

I look forward to hearing from you within the next 28 days. 

Should I not receive a response to my letter within this time frame, then I anticipate that court action will be commenced with no further reference to you.

Yours faithfully,

Metaphysicist

@Coupon-mad I will attach images. What do you think?

Regards

Fruitcake

I suggest you address it to The Legal Department, Costa ... etcetera. Note that the normal salutation for legal letters is, Sirs, not To whom it may concern.

Metaphysicist

Thanks @Coupon-mad & @Fruitcake Will revise and submit