Claim Form

Nicenice

Thank you. I will do that

Coupon-mad

Coupon-mad said:

Add these 2 paragraphs as 3.2 and 3.3 in your case:

https://forums.moneysavingexpert.com/discussion/comment/81300205/#Comment_81300205

Just to clarify, this is a 5 minute rule case so it's going nowhere!

Added paragraphs for this defence are:

3. It appears that the Defendant is being penalised for getting entrapped by the infamously hidden '5 minute rule' which has been in the national news. The parking industry Trade Bodies have both recognised - only after the matter was raised in both Houses of Parliament - that such a term is unfair on paying drivers and this conduct has been swiftly banned. To hold a consumer liable for an unknown '5 minute time limit' hidden term, is arguably a 'misleading omission' (ref: the CPUTRs 2008) which is an offence - unfair commercial practice - by this Claimant.

3.1. As well as being an offence, under the Consumer Rights Act 2015 a charge arising under a hidden term that places an unfair burden on the consumer is unrecoverable, so the Claimant cannot be heard to say "well it wasn't unfair last year".  That would be absurd, especially given that this same Claimant is the notorious ex-wheel-clamper responsible for the cases highlighted by BBC News (including well-publicised claims against Rosey Hudson - a £1900 claim - and Hannah Robinson - a £11,000 claim) all of which occurred around the same months and under the same "you paid too late" desperately rogue practice approach as in the extant case. This Claimant has reportedly told irate MPs last month that all such cases have been dropped, due to the adverse publicity.  One wonders why they think they can pursue this one.

Nicenice

Hi everyone, I have just been received N180 directions questionnaire to fill is there any special way to fill this or can anyone link me to a sample on here? Thank you.

Gr1pr

Study the advice given by coupon mad in the newbies sticky thread in announcements,  also checking the 12 steps in the defence template thread too

Download the pdf, fill it in, email it to the DQ email address at the CNBC in Northampton,  plus cc dcb legal too

Coupon-mad

Nicenice said:

Hi everyone, I have just been received N180 directions questionnaire to fill is there any special way to fill this or can anyone link me to a sample on here? Thank you.

The NEWBIES thread already covers this. Always look there first.

Nicenice

Thank you.

Nicenice

Hello, I have a mediation phone call coming up any suggestions or directions please. Thank you 

Coupon-mad

Nicenice said:

Hello, I have a mediation phone call coming up any suggestions or directions please. Thank you 

No different than in the Template Defence first 12 steps - which clearly tells you OFFER ZERO, PHONE DOWN IN 5 MINUTES - except you might want to read some threads where people offered a tenner and it worked.

Here's a few cases settled at a loss at Mediation (far less than even the £35 claim filing fee):

21 March £5 (UKPC)

14 April £10 (Euro Car Parks)

2 April £10 (UKPC)

and of course you must tell the Mediator that the '5 minute rule' time limit was banned in February but THAT DATE OF BAN IS IRRELEVANT because it was held in the landmark case of Excel v Hannah Robinson in March, that that a £100 PCN for not paying within 5 minutes was:

“An unenforceable penalty, served no legitimate purpose, and such a term was ‘unfair’ under section 62 of the Consumer Rights Act.”

https://www.lawgazette.co.uk/news/pro-bono-team-beats-parking-claim-as-charity-nets-10k/5122957.article

i.e. it always was illegal.

Nicenice

Thank you I will do so