ANOTHER ONE BITES THE DUST!

Coupon-mad

https://forums.moneysavingexpert.com/discussion/comment/82106587#Comment_82106587

Definitely raise this very late WS at the hearing as a preliminary matter, before their rep launches into anything.

The vehicle was on site for seven minutes in total from entry-exit past cameras, which in practice would be about 5 minutes temporarily stopped.

That's not even long enough to get out of the car, look around, find a sign and read the terms, let alone try to find this mythical keypad inside premises, of which I assume they failed to show any pictures at all, or evidence it was prominently in place or evidence such as a usage log to show the system was working that day?

At best this was trespass. A matter for the landowner only. Not an 'agreed parking contract' with a stranger firm, requiring a 'meeting of minds' and consideration to flow between the parties.

And they served this rubbish just THREE DAYS before the hearing!

What codswallop!

They are dismissive of your key point that this was only SEVEN minutes on site (no contract) and they've dismissed the CMA's Open Letter in one sentence above!

😀

Taiko

Legal Executive should be registered on CiLEX directory, right? I can't recall if it's a protected term or not. Not to derail the topic, which looks like a slam dunk win.

Signature, despite saying he's from Euro, makes no reference to that also despite his opening paragraph.

yarpsnehpets

"Any reasonable motorist would be expected to read and understand the terms and conditions PRIOR to parking at the site" - what sort of nonsense is that?

They are basically trying to rescue their desperate situation by skipping over the requirements of the consideration period. The CMA letter screws them over even further.

Neo14

Is there a way of objecting to the late WS submission by claimant beforehand, before the actual court hearing?

Gr1pr

Yes, bring it up as a preliminary matter right at the start

Neo14

Thanks. Is the PCN/ NTK POFA compliant? its only relying on entry/ exit ANPR camera? can I use this argument in hearing when initially I have not mentioend in my WS?

Coupon-mad

As you were driving I'd recommend an honest account at the hearing (not POFA wording arguments) but firstly raise the preliminary matter which can torpedo their claim within 5 minutes flat.

Neo14

Finally had the court hearing yesterday. A bit of an expected situation:

The claimant paralegal did not arrive on time- so the judge ordered that the claim to be stuck out. I requested judge to look at my schedule of losses- he accepted not fully but a major portion- in happiness I cant even remember how much he said he will allow (inspite of generally I am good in numbers). When I came out of the court room, in a few minutes paralegal just arrived, he spoke with usher who liased with the judge- I dont know the exact discussion. I stayed around for a bit to see if they look for me but no one looked for me. I later on asked Usher as to what to expect now. She said wait for the court order to arrive in a few weeks.

I am hoping that this matter gets over now.

Thank you so much every one including Gr1pr, especially big thanks to coupon-mad. Its been an immense help for people like me who are completely clue less in matters like this.

Can I check if there is any chance of claimant of revoking the case or making up for later arrival??

yarpsnehpets

Fantastic result - don't forget to give yourself some credit for such a good outcome - you trusted the process and the advice you were give. Well done!

Coupon-mad

https://forums.moneysavingexpert.com/discussion/comment/82111678#Comment_82111678

The late rep will have been given short shrift, because the hearing was over. They can't overturn the judgment already made.

You won, and got costs too! Congrats!

ANOTHER ONE BITES THE DUST!

🤪