UKPC - Court Claim

Boat_to_Bolivia

@Johny86 is a clickable link to their user profile. Look there for their discussions and the most recent thread contains the defence, but scroll through it until you find the final version.

G1M3378

G1M3378 said:

Below was what I drafted. Can you please comment what is necessary to mention what is not? Thank you.


3. On 14th December 2022, the driver parked the vehicle at the parking space in front of Decathlon retail shop that has visible signage board for ‘Customer Parking Only’ and another signage board of ‘No Overnight Parking’. Driver also made a purchase from Decathlon. Driver did not see any other signage until the driver leaving the premise and saw a customer struggle reading the signage then driver noticed there was a very high signage that has content is filled with fine print information up in a 8ft lamppost which is at base levels discrimination against all the disable and learning difficulties community, moreover the signage was unlit in darkness and the driver barely 5ft tall. This is clearly an inadequate positioning of signs and at unsuitable heights.

 

4.The signage is inadequate in terms of the following

• Lack of clarity and prominence of terms and conditions
• Illegible text due to font size, density, colour and complexity
• Large numbers of confusing and conflicting signs, including signs from other parties, such that it was not clear which signs had precedence
• Lack of relevant terms and conditions, such as the fees for parking
• Inadequate positioning of signs, at unsuitable heights

Any signs with purported UKPC terms were inadequate and incapable of forming a contract and the Defendant does not know from the sparse 'Roboclaim' bulk copy & paste Particulars, what they are supposed to have breached.

I tried to adapt @johny86 defence template, when I clicked the dropbox it said the file has been deleted. Not sure if I search it correctly, can you please guide me how to get to the DCBLegal's paragraph? Thank you so so so so much. 

Boat_to_Bolivia said:

Yes you can post your paragraphs 3 and 4 here for feedback. Just those 2 paragraphs though, not the whole defence.

Hi @Boat_to_Bolivia would you please give me some feedback regarding my 3 and 4 paragraph? I've finally found the defence template from Johny86, it has 36 paragraph in the defence. 

Thanks!

Coupon-mad

That defence is fine as long as you include the extra paragraphs 5-11 then obviously re-number the rest of the Template Defence.

BUT DO NOT EMAIL IT JUST YET!

https://forums.moneysavingexpert.com/discussion/comment/80156045#Comment_80156045

See why not? This is a BIG month!

Wait and see (come back here) but:

DO NOT MISS YOUR DEADLINE.

G1M3378

Coupon-mad said:

That defence is fine as long as you include the extra paragraphs 5-11 then obviously re-number the rest of the Template Defence.

BUT DO NOT EMAIL IT JUST YET!

https://forums.moneysavingexpert.com/discussion/comment/80156045#Comment_80156045

See why not? This is a BIG month!

Wait and see (come back here) but:

DO NOT MISS YOUR DEADLINE.

Thanks! I shall have the defence ready and wait couple more weeks, as I've 2 more weeks left for submitting the defence. I will be out of the country soon, I worried I won't be able to respond any letter in post, hence I was planned to submit my defence soonest but I'll wait in this case. Thank you @coupon-mad!

G1M3378

G1M3378 said:

Below was what I drafted. Can you please comment what is necessary to mention what is not? Thank you.


3. On 14th December 2022, the driver parked the vehicle at the parking space in front of Decathlon retail shop that has visible signage board for ‘Customer Parking Only’ and another signage board of ‘No Overnight Parking’. Driver also made a purchase from Decathlon. Driver did not see any other signage until the driver leaving the premise and saw a customer struggle reading the signage then driver noticed there was a very high signage that has content is filled with fine print information up in a 8ft lamppost which is at base levels discrimination against all the disable and learning difficulties community, moreover the signage was unlit in darkness and the driver barely 5ft tall. This is clearly an inadequate positioning of signs and at unsuitable heights.

 

4.The signage is inadequate in terms of the following

• Lack of clarity and prominence of terms and conditions
• Illegible text due to font size, density, colour and complexity
• Large numbers of confusing and conflicting signs, including signs from other parties, such that it was not clear which signs had precedence
• Lack of relevant terms and conditions, such as the fees for parking
• Inadequate positioning of signs, at unsuitable heights

Any signs with purported UKPC terms were inadequate and incapable of forming a contract and the Defendant does not know from the sparse 'Roboclaim' bulk copy & paste Particulars, what they are supposed to have breached.

I would much appreciate if someone can review my defense for paragraph 3 and paragraph 4 please? I like to get the defence ready to be file prior the deadline on 24th July. Thank you to all contributors. 

Coupon-mad

I already reviewed it, said it's fine.  Honestly!

Trainerman

 signage until the driver leaving the premise 

Do please get rid of this horribly misused word. It should be premises

G1M3378

Coupon-mad said:

That defence is fine as long as you include the extra paragraphs 5-11 then obviously re-number the rest of the Template Defence.

BUT DO NOT EMAIL IT JUST YET!

https://forums.moneysavingexpert.com/discussion/comment/80156045#Comment_80156045

See why not? This is a BIG month!

Wait and see (come back here) but:

DO NOT MISS YOUR DEADLINE.

Hi, I have till 24th July to file the defence, should I wait for DLUHC's Announcement first or can send the defence now? Thanks. 

KeithP

Your Defence filing deadline is 4pm on Monday 24th July.

Would you be annoyed if, for the sake of a couple of days, you filed you Defence now and tomorrow afternoon some very useful information to help your case suddenly appeared?

Your call.

File it now and maybe miss out on something very useful, or file on Monday knowing that what you have filed is the best Defence possible.

G1M3378

KeithP said:

Your Defence filing deadline is 4pm on Monday 24th July.

Would you be annoyed if, for the sake of a couple of days, you filed you Defence now and tomorrow afternoon some very useful information to help your case suddenly appeared?

Your call.

File it now and maybe miss out on something very useful, or file on Monday knowing that what you have filed is the best Defence possible.

Thank you Keith. I'm just reluctant and extra cautious not to miss the deadline as Monday is a very busy day for me, have to take my dad for his chemotherapy and I afraid I'd have very limited access to the computer and no access to scanner if some new info needed to be add on on Monday and have to send out the Defence before 4pm. Hence the sense of urgency is surrounding me.