Will this blurred image stand up in court?

[j22key]

Hi all,
The defendant received a CCBC letter due to an unpaid parking fine in 2018.

The images on the claimants web portal show the defendants car parked not in a dedicated bay, but along the edge of a pavement with no yellow/ered lines etc.

The image of the terms and conditions on their portal is completely blurred where it cannot be read at all, it is also dusk and non illuminated.

Image below;
https://ibb.co/vdbt1Dg

The car park has since been completely redesigned with completely different and new parking signs so the defendant is unable to see what the terms and conditions were back in 2018.

Does the defendant have a leg to stand on

Thankyou for your time

[charitynjw]

Hi all,
The defendant received a CCBC letter due to an unpaid parking fine in 2018.

The images on the claimants web portal show the defendants car parked not in a dedicated bay, but along the edge of a pavement with no yellow/ered lines etc.

The image of the terms and conditions on their portal is completely blurred where it cannot be read at all, it is also dusk and non illuminated.

Image below;
https://ibb.co/vdbt1Dg

The car park has since been completely redesigned with completely different and new parking signs so the defendant is unable to see what the terms and conditions were back in 2018.

Does the defendant have a leg to stand on

Thankyou for your time

That photo will not be sufficiently legible for court purposes, but they are likely to supplement their evidence with stock photos of signage.
Maxim of equity.
"Vigilantibus non dormientibus aequitas subvenit."
https://en.wikipedia.org/wiki/Maxims_of_equity

[atticus]

What does that mean, and how does it help the OP?

[charitynjw]

What does that mean,

It's in the link provided


and how does it help the OP?

Shield (not sword).

Laches also.

####

[atticus]

Vigilantibus non dormientibus aequitas subvenit

Not that quoting maxims of Equity will help. And this has nothing to do with laches.

[charitynjw]

Vigilantibus non dormientibus aequitas subvenit

Not that quoting maxims of Equity will help. And this has nothing to do with laches.

Why would a 4/5 year old parking charge not have anything to do with laches?
The signage may have changed in the interim...the same parking co might not even be still operating there.
& is the court not one of equity as well as common law?

[atticus]

For a start, it is within the limitation period for claims. This will be put as a contract case, and will be decided as one, subject also to any points under the Protection of Freedoms Act 2014.

[charitynjw]

For a start, it is within the limitation period for claims. This will be put as a contract case, and will be decided as one, subject also to any points under the Protection of Freedoms Act 2014.

2012.

Yes, but they have sat on it for years after the accrual date.
At the very least, they shouldn't be allowed to accumulate years of interest....but bet your life they'll try.

[atticus]

Yes, you are quite right. Protection of Freedoms Act 2012, sorry.

[j22key]

Thankyou for the replies! - they are really appreciated
The defendant has sent in the defense via email to CCBC & the claimants legal team stating that the signage within the online portal is too blurry to read, not illuminated and that the only part of the image that is readable is 'CUSTOMERS OF MERRY HILL SHOPPING CENTER ONLY'

I'm assuming it's just a waiting game now to see what they come back with...

Unfortunately or not, the car park has been completely renovated with new & different signage - so unable to actually see the terms and conditions even if a visit to the site was possible.

Hopefully this gets thrown out, but would they require a witness statement before anything is thrown out anyway?

Thanks again

[charitynjw]

Thankyou for the replies! - they are really appreciated
The defendant has sent in the defense via email to CCBC & the claimants legal team stating that the signage within the online portal is too blurry to read, not illuminated and that the only part of the image that is readable is 'CUSTOMERS OF MERRY HILL SHOPPING CENTER ONLY'

I'm assuming it's just a waiting game now to see what they come back with...

Unfortunately or not, the car park has been completely renovated with new & different signage - so unable to actually see the terms and conditions even if a visit to the site was possible.

Hopefully this gets thrown out, but would they require a witness statement before anything is thrown out anyway?

Thanks again

Fingers crossed.

[j22key]

Defendant received a letter today stating the aknowledgement of defence and it will be shared what the claimant who may contact directly to settle the dispute.

[charitynjw]

Defendant received a letter today stating the aknowledgement of defence and it will be shared what the claimant who may contact directly to settle the dispute.

Standard confirmation from the court.

Does it state a time limit for the Claimant to respond to the defence?
It is not obligatory for them to do so if not directed to do so by the court, though they might do it anyway.

[j22key]

It states 28 days, and if the claimant does not respond the claim will be stayed, and if they wish to lift the stay after this time, they will have to apply to a judge
Thankyou for your time looking at this post by the way

[charitynjw]

It states 28 days, and if the claimant does not respond the claim will be stayed, and if they wish to lift the stay after this time, they will have to apply to a judge
Thankyou for your time looking at this post by the way

......and counting.