bw legal letter of claim

[mystery1]

Re: bw legal letter of claim

What would i put in the email about the contents of the call?

I would like to confirm the contents of my call of xx/xx/16 @ xxx during which i spoke to xxxxx

I asked ..................

The response was ........

etc

Please reply if you believe this does not reflect what was said.

I have been into iceland which is the store i visited and they dont operate the cctv for that car park.

Did you speak to the manager to explain your predicament and disappointment ?




M1

[Redchoo]

Re: bw legal letter of claim

Thanks, would this be ok?

I would like to confirm the contents of my call of 29/11/16 at 14.38 during which i spoke to Kairah.

I asked if you had recieved my email which i sent on 11/11/16 and was told you couldnt find it on the system. After being put on hold several times, i was told you had found it and and it would be processed today (29/11/16). I asked why it had taken so long and your response was that because you were very busy.
I then said that i intend to defend the charge and considering my defence is due in by friday (2/12/16) would you be replying? To which your response was im replying now over the phone, and was only told how the charges were made up.


Yes i spoke to the manager but he didnt seem interested to be honest.

Thanks.

[Redchoo]

Re: bw legal letter of claim

Hi, is it going to be too late to send the above now as i have to enter my defence by tomorrow?

Thanks.

[mystery1]

Re: bw legal letter of claim

I'll get it done later tonight so you can email it :okay:

M1

[Redchoo]

Re: bw legal letter of claim

Thats great, thankyou.

[Redchoo]

Re: bw legal letter of claim

Hi M1,

Im starting to worry as i havent heard back from you yet, and i dont know what to put in my defence.

Do i just state that i paid the money into the machine and that no ticket was issued, and that the other machines were out of order?

Thanks.

[mystery1]

Re: bw legal letter of claim

I'm just about to start.

M1

[mystery1]

Re: bw legal letter of claim

Edit to suit. (don't forget the last line in #5)

Redchoodef.rtf

M1

[Redchoo]

Re: bw legal letter of claim

Ill send that online now then.

Thanks M1, really appreciate your help.

[Redchoo]

Re: bw legal letter of claim

I have a problem as i can only respond with 122 lines.

Could i miss some part of it out? If so, which part?

Thanks.

[Redchoo]

Re: bw legal letter of claim

1. I am the Defendant, **** ****, DOB **/**/****. residing at ********

2. Save as specifically admitted in this defence the Defendant*
denies each and every allegation set out in the Particulars of*
Claim, or implied in Pre action correspondence.

3. The particulars of claim do not meet the requirements of CPR*
16 the particulars of claim are not clear and concise as is*
required by CPR 16.4 1(a). Neither are they compliant with*
practice direction 16 7.5.

4. The claimant states “The claimmant's claim is or the sum of*
£100.00 being monies due from the defendant to the claimant, in*
respect of a PCN issued on 06/06/2014 at 16.43 at the Moor Centre,*
Brierley Hill.
The PCN relates to Peugeot under the registration **** ***

The claimant is put to strict proof that the defendant is due any*
money. The defendant purchased a ticket from the machine on site*
but no receipt was given. The defendant complied with all terms,*
as far as possible, and only faulty equipment prevented the*
display of the ticket. This being outside of the control of the*
defendant, liability is denied.

5. The claimant states “ The terms of the PCN allowed the*
defendant 28 days from the issue date to pay the PCN but the*
defendant failed to do so.
Despite demand having been made the defendant has failed to settle*
their outstanding liabilty.”

The defendant has no liability in this matter as it was the*
claimants inability to perform their side of the bargain which led*
to the non display of the ticket. The claimant, having been paid*
is seeking unjust enrichment and an unfair penalty. As this is a*
pay and display site as opposed to a free site, Parkingeye v*
Beavis can be readily distinguished as the facts are materially*
different.

The Consumer Rights Act 2015 states that the court must assess the*
fairness of the charge which includes schedule 2 part 1 which*
offers as an example of unfair charges “A term which has the*
object or effect of requiring a consumer who fails to fulfil his*
obligations under the contract to pay a disproportionately high*
sum in compensation.”

Further it states “Requirement for contract terms and notices to*
be fair
(1) An unfair term of a consumer contract is not binding on the*
consumer.”

Payment of £100 instead of £0.50 is unfair.

6. The claimant has no legitimate interest in enforcing their*
charge , the charge is disproportionate , a penalty and an*
unenforceable Unfair contract term and this case can easily be*
distinguished from Parking Eye v Beavis

The purported contract entered into by the motorist is a simple*
consumer financial contract. An offer of parking is made in return*
for payment of a small tariff. The Operator is seeking to impose a*
charge for breach of contract. The loss for failure to make this*
payment is easily calculable as that unpaid tariff, which is*
actually zero in this case. Anything in excess is clearly a*
penalty and Unfair contract term .a. The Operator may seek to rely*
on the case of Parking Eye v Beavis as legitimising the charge in*
this case. The appellant will make the following observations. The*
Supreme Court adjudged that the charge in Parking Eye v Beavis*
could not be considered a penalty , despite the fact Parking Eye*
made no loss, because they had a legitimate interest in enforcing*
that charge and that the charge was not disproportionate to that*
interest. The legitimate interest was described in the Supreme*
Court judgment as :“97
a. The need to provide parking spaces for their commercial*
tenants’ prospective customers; -b. The desirability of that*
parking being free so as to attract customers;- i

c. The need to ensure a reasonable turnover of that parking so as*
to increase the potential number of such customers; - i
d. The related need to prevent ‘misuse’ of the parking for*
purposes unconnected with the tenants’ business, for example by*
commuters going to work or shoppers going to off-park premises;*
and
e. The desirability of running that parking scheme at no cost, or*
ideally some profit, to themselves.”-

In this case the vehicle would have been fully entitled to park as*
it did had payment been made ( provided the requirement to do so*
had been clearly brought to the motorist's attention ). Payment*
was made. The above justifications are irrelevant and*
conspicuously absent. The only interest the Operator has in*
enforcing the charge is ensuring payment is made. That is not a*
legitimate interest and in any event payment was made. The car*
park is no different to any commercial enterprise .The Operator*
cannot argue that a legitimate interest is simply ensuring that*
payment is made , i.e. simply ensuring the terms of the contract*
are not breached. If that was the situation any contractual term*
requiring payment for breach could never automatically be a*
penalty, in other words the need for another legitimate interest*
is unnecessary. In addition the charge demanded for breach is*
clearly disproportionate to the unpaid parking tariff of a few*
pounds. The charge is clearly a penalty following the judgement of*
the Supreme Court. This position is reinforced in the earlier*
judgement from the Court of Appeal in Parking Eye v Beavis.

The claimant states “The claim also includes statutory interest*
pursuant to section 69 of the county courts act 1984 at a rate of*
8% per annum a daily rate of 0.02 from 06/06/2014 to 03/11/2016*
being an amount of £17.64.”
Whilst liability is denied, should the court uphold the claim the*
defendant states that the claimant has waited inordinately long to*
makes their claim and 8% should be reduced to reflect the delay*
and the historically low interest rates. The claimant states “ The*
claimant also claims £54.00 contractual costs pursuant to PCN*
terms and conditions.”The claimant is claiming costs which*
ordinarily are not allowed by way of CPR 27.

Statement of Truth

I believe the facts stated in this defence are true.

Dated this 2nd day of December 2016.

[mystery1]

Re: bw legal letter of claim

Email it as a file. Contact the court to get the correct details for email and ask what file to use as well.

M1

[Redchoo]

Re: bw legal letter of claim

Hi, having filed my defence i recieved a letter saying they will be continuing with their claim.

I have recieved a further document (N149A notice of proposed allocation to the small claims track).

I can either fill this in and go to court or they have attached another form (EX730 an option to settle without going to court, via telephone mediation).

Any advice?

Thanks.

[mystery1]

Re: bw legal letter of claim

Fill in the form, choose your local court. Pretty straight forward.

http://www.legalbeagles.info/forums/...l-Claims-Track

M1

[Redchoo]

Re: bw legal letter of claim

And risk paying the full amount plus costs?