• Welcome to the LegalBeagles Consumer and Legal Forum.
    Please Register to get the most out of the forum. Registration is free and only needs a username and email address.
    REGISTER
    Please do not post your full name, reference numbers or any identifiable details on the forum.

Draft defence

Collapse
Loading...
X
  • Filter
  • Time
  • Show
Clear All
new posts

  • #61
    Thank you for all your help, I’m just going to let the process proceed, if I end up having to pay in court , so be it, losing too much sleep over it. Appreciated all you did

    Comment


    • #62
      While you are waiting for matters to proceed, you might as well start preparing your witness statement.
      If you start now there will be no reason to rush it when court directions are received.

      I have noted that you possibly live on the road where the vehicle was parked, so if the claimant realises this you may be subjected to questioning about it

      So be careful about labouring the point re the wrong address.
      From your MSE thread I see that the road you parked on is actually the service road for the shops and flats of Mottingham road.
      It is quite likely that the address is correct as the owner of the road is possibly the freeholder of the shops etc. so
      just mention in passing that you parked on an unnamed private road connecting Mottingham Road to Court Road.

      Also if you live there the claimant will argue that you must have been aware of the sign, and there might be a record of your requests for a permit.
      However the sign itself gives you some arguments.
      The claimant is arguing that you (or the driver) broke a contract as written on the sign but so much is unclear they have breached Section 68 of the Consumer Rights Act 2015.
      1)The sign refers to "this area" but does not define the boundaries so is unclear
      2)The sign directs "Vehicles must park in designated bays", but management does not provide any marked bays so is confusing
      3)The sign refers to unspecified "additional costs" (see the draft addendum about this)

      You should also think about the signage, or rather lack of it at the entrances to the road.

      Comment

      View our Terms and Conditions

      LegalBeagles Group uses cookies to enhance your browsing experience and to create a secure and effective website. By using this website, you are consenting to such use.To find out more and learn how to manage cookies please read our Cookie and Privacy Policy.

      If you would like to opt in, or out, of receiving news and marketing from LegalBeagles Group Ltd you can amend your settings at any time here.


      If you would like to cancel your registration please Contact Us. We will delete your user details on request, however, any previously posted user content will remain on the site with your username removed and 'Guest' inserted.

      Announcement

      Collapse

      Support LegalBeagles


      Donate with PayPal button

      LegalBeagles is a free forum, founded in May 2007, providing legal guidance and support to consumers and SME's across a range of legal areas.

      See more
      See less

      Court Claim ?

      Guides and Letters
      Loading...



      Search and Compare fixed fee legal services and find a solicitor near you.

      Find a Law Firm


      Working...
      X