Time ran out to appeal my PCN whilst I was waiting for evidence of my breakdown from RAC

Razor96

Coupon-mad said:

Just use the words in my reply the other day to @cheme7676

I will do when/if I get to that stage. I am not at the claim stage like @cheme7676 was when you gave her a defence template. I am only at the LBC stage so I don’t need to do anything yet.

Coupon-mad

Razor96 said:

Coupon-mad said:

Just use the words in my reply the other day to @cheme7676

I will do when/if I get to that stage. I am not at the claim stage like @cheme7676 was when you gave her a defence template. I am only at the LBC stage so I don’t need to do anything yet.

Yes you do.

Sorry I see what you mean.  Maybe not the best example!

You must respond to the LBC. Loads at the moment; the roboclaim greedy gits are no doubt hoping to get claims and inflated default CCJs secured before the DLUHC hopefully put the nail in the coffin of the false added £60/£70 'fee' add-on.

People must respond by email VERY robustly to a BW LBC and push it past July, when hopefully the house of cards will fall over.  

Razor96

How is this for an email to the parking company?

Upon receiving a Letter Before Claim from your company I would like to inform you that I have I have absolutely no interest in paying the grossly excessive sum that you have requested. I am fully confident that my evidence will be enough to win any subsequent court case. Additionally I would like to inform you that, whilst I deny any debt, I require you to place any action on hold for 30 days whilst I seek debt advice.

They are asking for a response no later than 26/07/2023, so I’m assuming I should hold off from sending this email until a few days before this date.

KeithP

Looks fine, except for the repetition of "I have I have". 

Razor96

Just testing you haha cheers 

Razor96

So, I now have a date for my court hearing. I now need to gather my evidence and write a witness statement. Any advice?

Not_A_Hope

What did you write in your defence statement. The WS is to back up and provide more detail to what has been written in the defence.

I hope you have included the case law that includes breakdowns are a ‘small vicissitude’ and not a failure to abide by daft T&Cs.

Razor96

The first part of my Defence included the details of my situation (time of entering the car park, time of phone call for breakdown assistance, time of assistance arrival etc.). After this I added lots of the content from the template given on this site (except the parts that aren’t suitable for my case).

Not_A_Hope

You can reference the the Jopson v Homeguard case in your WS where he said ‘attending to a vicissitude of some small duration’ such as a breakdown is not parking and include it as an exhibit. Quote the judge's name and precise words (around paras 19 or 20, and what he said were examples of small vicissitudes).

State that this was an appeal case and therefore is persuasive on the lower courts.

The case number was B9GF0A9E, and the transcript is available online.

Coupon-mad

Have a look at the recent WS by @Lought_TA