Not inside the lines

still_savin

Apologies, that wasn't meeant to come across as belligerent - I'm just more confused than I previously was (

still_savin

I've read ALL of the threads I can find concerning DCB Legal and have redrafted my Para 3 yet again. Is this better?

3. The claimant states that the defendant's vehicle was Not Parked 

Correctly Within The Markings Of The Bay Or Space. No such 

condition was present on any parking sign at the site. The 

Claimant cannot later 'clarify' the desired meaning of the signs 

and attempt to hold the defendant to a term not available to them 

at the time the alleged contract was formed. Contra Preferentum 

the sign must be interpreted in the way most favourable to the 

defendant. The CRA (2015) further protects the defendant by 

stating that 'If a term in a consumer contract could have 

different meanings, the meaning that is most favourable to the 

consumer is to prevail'. It is submitted that the bulk claim is so 

trifling and ridiculous that it amounts to de minimis and is 

complete waste of the court's time. In any case, the signage the 

claimant relies upon on site is in such miniscule text and 

installed 8 feet up in the air that it is highly insufficient. No 

motorist could be said to have have agreed and entered into, let 

alone breached, such a poorly designed and illegible contract. In 

addition, the signs were only present on alternate rows of bays 

and not present at all in the row where the defendant parked.  

Gr1pr

OK, but too long and contains whinging or irrelevance, please stick to the core details in that paragraph,  no need to state what the POC says, just rebut the allegation 

It needs to be concise and to the point in order that your defence fits into the 122 lines in the MCOL defence box 

Le_Kirk

If you do use any of it, the correct phrase is "Contra Proferentem"

Umkomaas

'Miniscule' - correct spelling = minuscule.

still_savin

Thank you to all contributors - errors corrected and defence submitted today. Now to await the telephone mediation )