Judgement set aside. Deadline to file defence

Jamesingram1

Hi, I had my day in court today about the issue. I mentioned in my previous post https://forums.moneysavingexpert.com/discussion/6454476/ccj-i-didn-t-know-about/p1?new=1

The claimant didn’t show up. The judge decided not to strike out the claim because he said it should be obvious to me what they are claiming for regardless of whether the particulars were filed or not, and he said I should contact the PPC to get a copy of them, but in any case, he orders me to file a defence within 14 days otherwise the claim would stand. I now need some help filing this defence.

The car park is basically nothing, and there are ways to enter it without seeing any signage, and there are no clear bays set out

https://maps.app.goo.gl/kGj3UvKARb5V7TE68?g_st=ic

i’ve attached a photo of the signage and the site and it seems to me like this might be a forbidding contract? Any help formulating my defence would be very greatly appreciated.

Jamesingram1

Love it when it doesn’t attach!

Jenni_D

Looks like your vehicle was parked without displaying a permit ... but that's only a guess.

One thing about that though - the signage is forbidding in nature, and you cannot contract to do that which is forbidden. Given that a PCN is merely an invoice for alleged breach of contract ............  

Jamesingram1

I don’t know the best way to word all this. Might have to ask AI lol

Jenni_D

What about starting with the template defence thread (a sticky/announcement thread)?

Coupon-mad

Jamesingram1 said:

I don’t know the best way to word all this. Might have to ask AI lol

Really? Why?!

You want to use the appallingly childish/generic wording that ChatGPT spews out, even though you are here and posting on a forum where we have a Template Defence that I've carefully written for everyone?

Is this horrendous OPS car park in Peacehaven, Chichester or where?  Exact location please.
 
Which court were you at? Brighton? Worthing?

Which roboclaim 'barely legal' firm are they using to file this worthless claim and have you now emailed them for a copy of the Particulars of Claim?  You need that asap.

Jamesingram1

Coupon-mad said:

Jamesingram1 said:

I don’t know the best way to word all this. Might have to ask AI lol

Really? Why?!

You want to use the appallingly childish/generic wording that ChatGPT spews out, even though you are here and posting on a forum where we have a Template Defence that I've carefully written for everyone?

Is this horrendous OPS car park in Peacehaven, Chichester or where?  Exact location please.
 
Which court were you at? Brighton? Worthing?

Which roboclaim 'barely legal' firm are they using to file this worthless claim and have you now emailed them for a copy of the Particulars of Claim?  You need that asap.

I’m joking! I would never do that 😂

location is on the link I’ve put in my post, can’t you view it? If still no luck it’s on Pye street in Portsmouth. Only thing on that street. You can’t miss it 

Jamesingram1

@Coupon-mad can you explain how it is forbidding? The signs say parking for permits only, but then go on to say that “by parking otherwise..[give us money]” is that essentially the same as what the judge said when he said it’s dressed up trespass damages in PCM v Bull? 

Coupon-mad

Please could you let this new thread die and instead,  go and reply about your situation on the original thread?

There is no context here on this new isolated thread and you said here you don't know what if's about.

But I went and looked at your original thread and you have more info there and a copy of the POC.  Please resume there and add your GSV link there.

One thing I noticed was GSV shows pale white OPS signs with tiny writing, whereas  the pic you've shown above is OPS' new sign with the added £70 'fee' on the lower half.

That sign is new and was first seen from OPS in 2022 but not at every site.  In your original thread please tell us if you got a SAR or whether you can see on OPS ' website what signs were ACTUALLY there on the day.


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