An appeal letter PPC

Freesoul01

Coupon-mad said:

Good.  No harm done. Anyone could gave written those appeals to help him.

Could you elaborate more please?

Le_Kirk

Freesoul01 said:

Coupon-mad said:

Good.  No harm done. Anyone could gave written those appeals to help him.

Could you elaborate more please?

Just like you are getting help here, someone could have erroneously but with good intentions, suggested those words!

Freesoul01

Hi all I have a question and would like to ask.

would it be possible to ask for an extension for the defence submission? The claim form was issued on the 13th of Feb and the deadline is on the 18th of March, as you advised me, however, The car keeper has been very busy and hasn't managed to prepare it yet. The car keeper will start writing it tonight. 

Coupon-mad

Freesoul01 said:

Hi all I have a question and would like to ask.

would it be possible to ask for an extension for the defence submission? The claim form was issued on the 13th of Feb and the deadline is on the 18th of March, as you advised me, however, The car keeper has been very busy and hasn't managed to prepare it yet. The car keeper will start writing it tonight. 

Nope.  No chance.

But using our template he/she is writing one paragraph...  this is so easy...!

Freesoul01

Would it be possible to check this defence with me please? 

2. The facts in this defence come from the Defendant's own knowledge and honest belief.  Conversely, the Claimant sets out a cut-and-paste incoherent and sparse statement of case. The POC appear to be in breach of CPR 16.4, 16PD3 and 16PD7, and fail to "state all facts necessary for the purpose of formulating a complete cause of action". The Defendant is unable, on the basis of the POC, to understand with certainty what case, allegation(s) and what heads of cost are being pursued, making it difficult to respond. However, the vehicle is recognised and it is admitted that the Defendant was the registered keeper and the driver.

3. The car was parked correctly within the bay on the ....... 2023 and did not exceed the time limit suggested in the new term and condition sign. The driver was a genuine and regular visitor who usually came walking, but that date was unwell and came by car and parked correctly within the bay and did not overstay. The new terms and conditions in the site were only introduced on the .......2023, just two weeks prior the event and yet the driver was unaware of them and without prior knowledge from the claimant of the updated terms and conditions. Therefore, the claimant failed to comply with the Consumer Rights Act (CRA 2015).
Based on the claimant own photos provided in the PCN. The signs, lines and numbers on the tarmac at that bay shown no evidence that the vehicle was in the wrong bay. Also, the sign on the wall was invisible and far away from the bay where the car was parked, and was not seen by the driver as the driver familiar with the place, didn’t expect the new term and condition, and was confident that the car was parked correctly in the right place as there was no ground markings, so assumed that the bay was for the visitor, thus, does not create any contractual obligation. Therefore, there was no breach of any contract. Without any ground markings,  any driver wouldn't know, which bay is for which business. In the absence of a 'relevant obligation' (such as a requirement on the sign to display a permit or key in a VRM somewhere) there was no evidence proving driver contravention, this can be interpreted as non-compliance with The Consumer Rights Act 2015.

Coupon-mad

That's v good.  Just remove this:

"so assumed that the bay was for the visitor, thus, does not create any contractual obligation. "

Freesoul01

How about the paragraphs points from 4 to 30 shall I keep them all in the defence letter? 

KeithP

Freesoul01 said:

How about the paragraphs points from 4 to 30 shall I keep them all in the defence letter? 

Yes. Why would you want to remove them? They are all applicable, aren't they?

Doesn't this comment in the template help you make that decision?...

We recommend you continue with this wording  (yes, all of it. Paragraphs suitably re-numbered to allow for the above).

Coupon-mad

Freesoul01 said:

How about the paragraphs points from 4 to 30 shall I keep them all in the defence letter? 

The template defence already says:

"Yes, all of it"

Freesoul01

KeithP said:

Freesoul01 said:

How about the paragraphs points from 4 to 30 shall I keep them all in the defence letter? 

Yes. Why would you want to remove them? They are all applicable, aren't they?

Doesn't this comment in the template help you make that decision?...

We recommend you continue with this wording  (yes, all of it. Paragraphs suitably re-numbered to allow for the above).

They maybe clear for you because you wrote it and understand its contents, but not 100% clear for who is adopting it and doesn't understand all of it's contents.