6 PCN's and a historic CCJ

63realfan

1505grandad said:

"6.5. It is vital to observe, since 'adequate notice of the parking charge' is mandatory under the POFA Schedule 4 and the BPA Code of Practice,..."

Who is the claimant?

"17. According to Ladak v DRC Locums UKEAT/0488/13/LA ..."  -  I believe that this has not been used for ages  -  just wondering why you have not used the template?

It’s UKPCM. 

In regards of the template - I didn’t realise there was a specific defence template and when I looked didn’t look like the one I saw applied to our case so I’ve used similar templates for similar defences in our case for permit issues 

63realfan

Hi all, I can’t find the exact template for our type of defence & we’re stuck at the place were in & we’re out of time. We’ll just have to make do with what we got & hope they pull out. If not then we’ll just have to take the loss as I have no clue where to go from here and what to do before we send off tomorrow 

KeithP

There is only one template Defence.

It is in the second post in the sticky thread entitled...

Template defence to adapt for all parking cases with added 'admin/DRA' costs - edited 31st July 2023

...which is currently the second thread in the thread index list.

1505grandad

"It’s UKPCM."

Are you sure?:-
https://forums.moneysavingexpert.com/discussion/comment/80332178/#Comment_80332178

63realfan

1505grandad said:

"It’s UKPCM."

Are you sure?:-
https://forums.moneysavingexpert.com/discussion/comment/80332178/#Comment_80332178

Sorry, wrong way round. UKPMC. Don’t worry anyway, what’s done is done now 

63realfan

Still got that wrong, whats wrong with me!! UKCPM

63realfan

@1505grandad I'm doomed

63realfan

KeithP said:

There is only one template Defence.

It is in the second post in the sticky thread entitled...

Template defence to adapt for all parking cases with added 'admin/DRA' costs - edited 31st July 2023

...which is currently the second thread in the thread index list.

I can't believe I spent so long dwindling over a defence when I could of used the one by @Coupon-mad - feel pretty stupid after spending hours making one which most isn't even valid anymore. We're a tad out but that defence looks extremely better so will adjust and add the PACE V Lengyel part along with the start of our defence. Thanks for adding the link, feel stupid for not looking at that

63realfan

@Coupon-mad - considering UKCPM are apart of IPC, can i still use this?

3. The sign does not conform to the IPC's Code of Practice:
3.1.1 (Schedule 1 – Signage, 4), which states the signs should be “clearly legible and placed in such a position (or positions) such that a driver of a vehicle is able to see them clearly upon entering the site”; There is no sign upon entering the entrance of the site. 
3.1.2 (Schedule 1 – Signage, 5), which states the signage ought to “have clear and intelligible wording and be designed such that it is clear to the reasonable driver that he is entering into a contract with the creditor or committing a trespass as the case may be”; Pace V Lengyel (from May 2017) showed that the Claimant's signs (including the one shown by the Claimant in this case) fail to enter into contract with the driver as implied by the Claimant. Nowhere on the sign does it inform the reader that by parking in in that area, he/she is entering into a contract with the Claimant. The words “contract’ or “agreement’ do not appear at all within the sign. The phrase “Terms and Conditions” are not synonymous with a contract. Furthermore, the opening words of the sign appear to be designed more to ward off trespassers than to enter into a contract with the driver. No promise was made by the driver that could constitute consideration because there was no offer known nor accepted. No consideration flowed from the Claimant.

Coupon-mad

This stuff looks specific to a sign:

"The words “contract’ or “agreement’ do not appear at all within the sign. The phrase “Terms and Conditions” are not synonymous with a contract. Furthermore, the opening words of the sign appear to be designed more to ward off trespassers than to enter into a contract with the driver. "