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Letter of claim: CE LTD response to claimant

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Comments

  • Adrian1999
    Adrian1999 Posts: 101 Forumite
    Eighth Anniversary 10 Posts Name Dropper
    edited 5 March at 10:36AM

    Wow…

    Well..

    In response to point 1 - it seems the outcome can speak for itself.

    Point 2 - Excluding the parking charge (debatable in contrast to PE v Beavis?). Additional sums of money are not prominently displayed

    image.png

    No apologies needed, my floundering definitely became apparent against an open door not for me.

    The comments on how strongly Wales seems to be in favour for PPCs, is eye opening.

    Now I need to deal with CELs lack of response to me about the payment of claim, and I am in week two post verdict. I have just reached out to their representative too..

  • Castle
    Castle Posts: 5,084 Forumite
    Part of the Furniture 1,000 Posts Name Dropper

    The parking charge actually says "UP TO £100".

  • Adrian1999
    Adrian1999 Posts: 101 Forumite
    Eighth Anniversary 10 Posts Name Dropper

    My initial reaction when I first saw your response was sarky to the extent of, yes… what are YOU inferring then?!

    Upon re-reading my brain cogs turned. I did not notice the specific difference to Beavis signage explicitly stating "Parking charge of: £85". However in my case:

    • I specifically highlighted the signage wording of "up to £100" (not in comparison to PEvB)
    • Signage prominence of the penalty charge vs the less prominent additional debt recovery fee
    • I argued the additional fees, such as the "Debt recovery fees up to £70" in relation to PEvB
    • Highlighted no wording of interest applied

    The strong sentiment in the response was

    • signage was clear at entry to direct motorists to terms and conditions
    • T&Cs (regardless of clarity) is available for motorists to read (obviously in full as a good person should do when given T&Cs)
    • T&Cs clearly specify all penalties
    • tone - what was expected? you can read this sign, this sign tells you to go there, this sign explains t&cs
    • Interest (oh man)
      • Interest was ALLOWED which seems to be straight forwardly this
      • Signage T&Cs does not indicate interest (so goes against logic used towards T&Cs, thus relies on statutory interest?)
        • I was unaware of the aspect if money owed is <£5000

    One of the first things immediately addressed by the judge to me, referring to the claimants evidence of signage at entry - is it clear and could I read its direction. In retrospect, this seems to set the sentiment.

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