BW Legal / Premier Parking Solutions Ltd - Court Claim

ManFromWaySouth

@Car1980 That made me laugh, which is great because I needed that. 

And it makes sense from a defence point of view. Thank you.

KeithP

And keep in mind Section 69 of the Consumer Rights Act 2015...

69 Contract terms that may have different meanings

If a term in a consumer contract, or a consumer notice, could have different meanings, the meaning that is most favourable to the consumer is to prevail. 

Le_Kirk

Johnersh said:

There is absolutely nothing to stop the defendant reproducing the full wording or layout of the sign within the defence.

and that is why IANAL. But I still wouldn't mention being distracted.

ManFromWaySouth

Appreciate all the feed back. I would like to submit defence today so just posting final amednments for any glaring mistakes - alhtough I feel happy and confident to move forward.....

3. The Defendant admits to entering the car park at Hope Cove, Kingsbridge, TQ7 3HH in the registered vehicle but denies being 'parked after expiry of time paid for' given the ambiguity of a sign with two different contractual tariff offers with hours of overlapping time. This is confusing and ambiguous and as such, the term must be interpreted in the way that best favours the consumer (per Section 69 of the Consumer Rights Act 2015).

4. Upon reading the signage, the Defendant showed substantial compliance by purchasing a ticket which satisfied the terms ‘8am-8pm.’ The vehicle was not ‘parked overnight.’

5. Any contractual breach claimed by the Claimant is void due to uncertainty.

6.......

Coupon-mad

Looks good. 

ManFromWaySouth

Defence submitted. 

Again Thank you all for the support!

Will update when the next stage has begun.

ManFromWaySouth

Hi All

Have recieved the N180 form and just filling it out as per the guidelines.

Can I ask two questions please, as the form is slightly different to the info on the thread...

1. Section E. "About the mediation appointment" - Am I to put my details in the E1 section as the person attending mediation. Do I want mediation?? I thought guidance was not to have mediation. Therefore do I leave it blank?

2. When naming the county court preference is it good enough to say " It is closest to my home, work and schools."

Thanks

Coupon-mad

Yes and yes.

Read the Template Defence re Mediation.

ManFromWaySouth

@Coupon-mad Is there a different template defence to this one...

"N180 Form - April 23 - Guidance Provided"

as posted by Fast_Furios (April 23). Cant find any template that is alligned to this new format.

"A1 = Say NO to mediation (they want the whole amount, you want to pay them nothing, so no scope for mediation. This will not go against you). Mediation is run by a commercial company on behalf of the courts and their success is measured by how many cases are kept out of court. They are not interested in the merits of the case, only whether you will pay or not. So say No."

There is no A1 anymore. And in Section E there is no box to tick saying you don't want mediation. should all of Section E be left blank??? 

Sorry, I'm finding this a little confusing.

 

Coupon-mad

Where on earth did you find that outdated stuff? Please just read the Newbies thread.