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CEL Private Parking CCJ Claim — Poor Signage Defence — Help Needed

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Comments

  • 21ko_19
    21ko_19 Posts: 8
    Name Dropper First Post
    Forumite

    In article 17 of their witness statement they referenced Waltham Forest in relation to signage placement and it representing an agreement with a driver. See below:
    —

    "The Claimant abides by the Code in relation to the placement and content of notices in prominent locations throughout the car parks. As Roch LJ stated in Vine v London Borough of Waltham Forest [2000] EWCA Civ 1063, at paragraph 19: “Normally the presence of notices which are posted where they are bound to be seen, for example at the entrance to a private car park, which are of a type which the car driver would be bound to have read, will lead to a finding that the car driver had knowledge of and appreciated the warning.”

    Is the fact they have contacted me separately from the court process to threaten me for payment a sign they have a poor case or this normal practice for these companies..

  • 21ko_19
    21ko_19 Posts: 8
    Name Dropper First Post
    Forumite
    edited 13 July at 9:52PM

    Correct, its Syed. Will study comments on this like you've advised. Thank you.

  • Coupon-mad
    Coupon-mad Posts: 166,298
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Forumite
    edited 13 July at 11:21PM

    Read this one:

    Read what I put there about this WS!

    And then read what happened in the end…

    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • Car1980
    Car1980 Posts: 3,730
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    Forumite

    "The Claimant abides by the Code in relation to the placement and content of notices in prominent locations throughout the car parks. As Roch LJ stated in Vine v London Borough of Waltham Forest [2000] EWCA Civ 1063, at paragraph 19: “Normally the presence of notices which are posted where they are bound to be seen, for example at the entrance to a private car park, which are of a type which the car driver would be bound to have read, will lead to a finding that the car driver had knowledge of and appreciated the warning.”

    Nobody has ever disputed the fact car park contracts are communicated via signage.

    It's just scare tactics, thinking you'll be intimidated by any old irrelevant court case reference.

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