Howard centre WGC

DjangoUnchained

thanks for all the above info, im trying to convince her not to pay up. I told her to ignore all the begging letters and threats when they start coming but to look out for a letter before claim. Is there a template defense that can be adapted as the concern is she has no proof payment was attempted, no bank statment, the notice is pofa compliant and the signage looks good. She wants to have a defense ready to fire off as soon as needs be.. thanks in advance.

Le_Kirk

Have you/she read the defence template - it is one of the announcements on first page of the florum.

DjangoUnchained

Le_Kirk said:

Have you/she read the defence template - it is one of the announcements on first page of the florum.

yes, read it several times. problem is her lack of evidence on attempted payment.

Car1980

At county court the onus is on the claimant to make their claim. You don't need evidence - what you state is taken as the truth and so they would have to disprove what you state. Yes, evidence can be handy, but it's not a case of "I won't win because I can't prove what I say". 

That's the approach taken at Popla, and why you're an appellant and not a defendant. And one reason they rarely take the side of the motorist.

Anyway, it's all moot because it'll be discontinued anyway. 

In the template defence you simply need to say this in paragraph 3:

The defendant paid the correct amount of money for the correct period of time at the machine via debit card in the car park. The machine displayed a confirmation and asked for the next customer to begin their transaction. The defendant did not breach any alleged contractual term.

DjangoUnchained

Car1980 said:

At county court the onus is on the claimant to make their claim. You don't need evidence - what you state is taken as the truth and so they would have to disprove what you state. Yes, evidence can be handy, but it's not a case of "I won't win because I can't prove what I say". 

That's the approach taken at Popla, and why you're an appellant and not a defendant. And one reason they rarely take the side of the motorist.

Anyway, it's all moot because it'll be discontinued anyway. 

In the template defence you simply need to say this in paragraph 3:

The defendant paid the correct amount of money for the correct period of time at the machine via debit card in the car park. The machine displayed a confirmation and asked for the next customer to begin their transaction. The defendant did not breach any alleged contractual term.

that makes sense.thank you

Coupon-mad

DjangoUnchained said:

Le_Kirk said:

Have you/she read the defence template - it is one of the announcements on first page of the florum.

yes, read it several times. problem is her lack of evidence on attempted payment.

How does that affect the Template Defence? It doesn't. And it'll end up discontinued in 2026 anyway - no hearing. This case isn't dependant upon evidence.  No judge, no costs. Play the game to see it off more easily than any appeal.

DjangoUnchained

yes, we fully intend to fight it.  My personal feelings are i am happy to defend ,even if we were to lose , than to pay these vermin without a fight.

Le_Kirk

Glad to read the above post; since you don't yet have a claim form, let alone a letter before claim, now is the perfect time to do your research by studying the template defence and reading other people's posts to see what they did, especially successful defences.

DjangoUnchained

we did the popla appeal, just thought no harm trying, if anything i understand it costs the parking co money to do it. After 3 weeks i get a notification that they have uploaded their evidence. A quick look at the 50 pages of obviously their standard bumpf but it does point out that payment was attempted and failed. I take this to mean they arn't denying payment was tried. My point is that the driver had no way of knowing payment had failed and as the machine just continued asking for next customer all was hunky dory. 
I will put this in my comments on the evidence. I understand that popla most likely will deny the appeal but we will tell them to take it to court, quite looking forward to playing this stupid game now.

Coupon-mad

Very good attitude!