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DCB Legal Claim defence

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Comments

  • Just_Cruising
    Just_Cruising Posts: 45 Forumite
    Part of the Furniture 10 Posts Name Dropper Combo Breaker
    Thanks so much @Coupon-mad
  • Coupon-mad
    Coupon-mad Posts: 154,845 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    So much better! Much more powerful.

    Add the usual section about costs and the WS statement of truth (sign & date under that).

    A nice example of a non-templatey - Equality Act based - WS that tells the story but makes it hard for the Claimant to justify. They can't say "we didn't know about your daughter's condition" because that's only a defence against an accusation of direct discrimination (which you are NOT accusing them of).

    Be aware - if this ends up at a hearing - that a judge Is just a jobbing solicitor who will be interested in the point of law you are taking him/her to, but probably won't know the ins and outs of the EHRC CoP.

    Thing is, it's a statutory CoP (not Guidance) so a breach by a trader is an offence! And a term relying on an unfair fixed time limit is disproportionate and unenforceable. 

    Thanks so much @Coupon-mad

    What happened?

    FIGHTBACK ALERT - just days to go:

    Please do the government's Public Consultation. We need every poster to complete this vital survey before the deadline next week. See this thread:

    https://forums.moneysavingexpert.com/discussion/6617396/parking-code-of-practice-consultation-now-extended-closes-friday-26th-september/p1

    We understand that you may need some pointers. It looks laborious, we get that. It doesn't matter; no knowledge is needed except re your own experiences so you can call out a scam industry and you'll protect millions of motorists and help change the law. 

    I've written some guidance to help focus new posters on the issues. I've covered almost every question, providing ideas if you agree with our stance on things like DRFs, which we say must be banned.

    Ordinary people like you are falling victim to this scam over 18 million times per annum. Motorists need your voice added please.

    CLOSES ON FRIDAY 26th SEPTEMBER.

    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • Finally received my notice of discontinuance here. Unfortunately, I've also got another airport drop off charge. Ho-hum, one door closes, another door opens. Many thanks to all, particularly Coupon-mad.
     .

  • Coupon-mad
    Coupon-mad Posts: 154,845 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 21 September at 4:54PM
    Finally received my notice of discontinuance here. Unfortunately, I've also got another airport drop off charge. Ho-hum, one door closes, another door opens. Many thanks to all, particularly Coupon-mad.
     
    Congrats, you won! 

    ANOTHER ONE BITES THE DUST!

    Calling @Umkomaas :D
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • Umkomaas
    Umkomaas Posts: 43,652 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Thank you @Just_Cruising for the copy of your NoD. I can now get this counted in the DCBL Legal thread of shame. 👍 
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Private Parking Firms - Killing the High Street
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