Court Summons

[Andy Thomas]

Re: Court Summons

Hi Kati,

Not sure about the last x 2 posts?, but thanks for your help anyway. I have to send a defence over today, so wondered if you had any last thoughts.
KR Andy

[ostell]

Re: Court Summons

So did the driver pass that sign before they stopped?

[Andy Thomas]

Re: Court Summons

Hi Ostell,
Yes, my wife had passed the sign and parked on the left,
Thanks, Andy

[Kati]

Re: Court Summons

Hi Kati,

Not sure about the last x 2 posts?, but thanks for your help anyway. I have to send a defence over today, so wondered if you had any last thoughts.
KR Andy

Hi Andy ... it's [MENTION=5553]charitynjw[/MENTION] that has been helping you (I'm just here for the posting of docs and to look pretty ). The two posts you couldn't understand were charity joking about you calling him me lol xx

[Andy Thomas]

Re: Court Summons

Hi Kati,
Gotcha!, sorry couldn't quite understand the last e-mails, but now realise when he mentioned he looked gorilla like( Sorry charity, not being unkind, but thanks again for all you kind help).KR, Andy

[charitynjw]

Re: Court Summons

Lol

No worries, Andy

Have you filed a defence yet?

[Andy Thomas]

Re: Court Summons

Hi Charity,
Yes I sent over a lengthy argument against the parking notice mainly relating to the signage.
I had to get this in by 4.00pm today, so I can only hope it is favoured by the court, if not it's costly!
Not sure if you have any further advise on it, but thanks again for your time with it.
kind Regards, Andy

[charitynjw]

Re: Court Summons

Ok

Did you put in that the Notice to Keeper is defective for PoFA purposes due to being out of time?
Did you ID the driver?

[Andy Thomas]

Re: Court Summons

Hi Charity,
I did record the notice was out of time, and I did say that my wife had parked next to the ticket machine, which had no notice. Any thoughts?
KR, Andy

[charitynjw]

Re: Court Summons

Well, I reckon, given the content of the November email, it is likely that there is enough there to ID the driver by implication.
It sounds as if the filed defence may have added to that.
Certainly by the lack of mention of Protection of Freedoms Act in the Particulars of Claim, I reckon they are looking to fight this one under contract law rather than legislation (PoFA).

So signage will probably be the contentious point.
I would argue that there are 2 possible entrance/exit points, & that coming from one direction it would be easy to miss the sign until you are leaving, by which time it is too late.
Also there is only one sign with T&C's, not multiple per their PoC.
It is too high to be easily read, & the T&Cs are in tiny print (bring Beavis/clearly legible signage up to cover this point. Read the case...post #26... & watch the youtube video).
It could also be reasonably argued that most folks would anticipate signage to be located near the ticket machine...they normally are, after all.

[Andy Thomas]

Re: Court Summons

Hi Charity,

Many thanks for taking the time to assist with our case. The information provided has been a great help and given me guidance on how to deal with the matter. I am aware from your notes, we may have ID'd the driver, which was quite unintentional,

I will take your points on board, to argue that the signs were misleading and incorrect and that unfortunately my wife thought she was able to park with a blue badge, which if the signs were available near the machine and made clearer, would have given her more opportunities in the situation.

Thanks for all the information, which has been great, and I will keep you posted with the next stages of the case. Chat soon,
Kind Regards, Andy

[Andy Thomas]

Re: Court Summons

Hi Charity,

Following on from this weeks return of the defence forms, I have had an acknowledgment back from the court that the defense has been sent to the claimant, CEL Ltd.
I did not request photographic evidence regarding where the car was parked on the day from CEL, with regard to the signage.
Are we to late to request this or can I request this directly, and copy the court with the correspondence?
KR, Andy

[charitynjw]

Re: Court Summons

Hi Andy

No worries on this. They will have to send details of the signage used at some stage anyway, as that will be the basis of their allegation of the contract.
Have you taken a screenprint of all the info on this from their website?
If not, it would be wise to do so & to email it to yourself as evidence.

[Andy Thomas]

Re: Court Summons

Hi Charity,

Thanks for the advice, by means of info, do you mean all their terms and conditions from their website?
KR, Andy

[charitynjw]

Re: Court Summons

If you want.
I was thinking more along the lines of any photos, pics of signage, that kind of info.