PE claim

[Amethyst]

Re: PE claim

got them... will upload xx

[Amethyst]

Re: PE claim

Documents - Parking eye contract

[Amethyst]

Re: PE claim

There's lots of docs, any you particularly need uploading ?

( Your issue with uploading them was because they are too big - open the image file in something like paint, and hit resize, and change to 35% of the size, then they should work fine )

[Amethyst]

Re: PE claim

Signage Examples and Key

[Amethyst]

Re: PE claim

Parking eye Defence - http://legalbeagles.info/wp-content/...13-x-18-cm.pdf

[mystery1]

Re: PE claim

Is there anything that shows entry is possible without passing signage ?

The illness is a good point. If the supreme court hold any type of contract exists then i would argue that it is frustrated as you could not comply with the obligation to leave or not overstay due to illness. http://www.e-lawresources.co.uk/Frus...-contracts.php

A lot boils down to the supreme court. However the above 2 issues will not be decided by the court.

M1

[Amethyst]

Re: PE claim

lots of sign pictures... I'll have a look through them.

[Amethyst]

Re: PE claim

Entrance...

[mystery1]

Re: PE claim

Unless it's really high (out of normal field of vision) then it's a hard gig to win on signs.

M1

[5tavros]

Re: PE claim

Good evening, thank you very much Amethyst for posting my documents.

Very interesting m1, I am trawling the internet for any similar frustrated contract cases or do you think the general principle of a case will be sufficient to add to defence, such as the examples on the website? I have been looking at Law Reform (Frustrated Contracts) Act 1943 for something to quote maybes, but the terminology makes it difficult haha

Received my questionnaire yesterday too, going to send it off tomorrow.

[5tavros]

Re: PE claim

So as I stand, is my strongest defence the contract depending on Beavis, then worst case if PE win and a contract is held or if I get my stay request refused I can plea frustrated contract?

Also do I have anything in relation to my other points such as;

no Locus Standi - does the redacted contract suffice from PE
not a genuine pre-estimate of loss - Still no figures from PE but they did state some legal term In relation to this
signage - I genuinely did not register the signage however picture evidence lets me down

[mystery1]

Re: PE claim

Good evening, thank you very much Amethyst for posting my documents.

Very interesting m1, I am trawling the internet for any similar frustrated contract cases or do you think the general principle of a case will be sufficient to add to defence, such as the examples on the website? I have been looking at Law Reform (Frustrated Contracts) Act 1943 for something to quote maybes, but the terminology makes it difficult haha

Received my questionnaire yesterday too, going to send it off tomorrow.

It's not an area i know a huge deal about. If it was impossible to fulfil an obligation to leave because you were being ill then it appears to be the way to go. Of course you'd need to evidence this and convince a court it was serious.

Search Bailii.org judgements and there may be some case law to use or it may help understand the application off it.

So as I stand, is my strongest defence the contract depending on Beavis, then worst case if PE win and a contract is held or if I get my stay request refused I can plea frustrated contract?

I'd say so from what you've said.

not a genuine pre-estimate of loss - Still no figures from PE but they did state some legal term In relation to this

If Beavis loses GPEOL means feck all anyway.

signage - I genuinely did not register the signage however picture evidence lets me down

It's about what a normal person should see otherwise nobody would look.

no Locus Standi - does the redacted contract suffice from PE

I'd say no but i suspect due to it being small claims most judges would say yes.

M1

[5tavros]

Re: PE claim

Many thanks M1 and sorry about the delay in my response. The timing for all this is terrible as I am in the last 3 weeks of degree study . I have a lot of reading to do to source some frustrated case law to help me, this is a great help.

I have seen a lot of info on mitigating circumstances, have you seen anything in relation to this I could look into?

also I am wondering if PE will make a big issue about why I hadn't appealed because of my medical condition. I am sure I have read PE or POPLA don't believe 'mitigating circumstances are not grounds for an appeal' (POPLA report 2015). Would you advise it would be wise to state this as a reason and also use information such as 7162 appeals were made to POPLA from PE of which 46.80% were successful through POPLA meaning PE appeals are evidently against the motorist.

I hope this makes sense ha

[mystery1]

Re: PE claim

I have seen a lot of info on mitigating circumstances, have you seen anything in relation to this I could look into?

Doesn't enter the equation really.

Parking eye will always cry about something. You are not obliged to appeal and it shouldn't enter in to consideration of the court.

M1

[5tavros]

Re: PE claim

haha cry babies.

I just received PE's questionnaire today and they refused mediation, I haven't sent mine off yet as my deadline isn't until the 1st Sept. I see no point in me ticking mediation now?

So how will this work in court, do PE start their case or do I start and then PE argue my points. I feel pretty out of my depth at the minute. I have exams and end of study assignments in the first 3 weeks of Sept, I am hoping the court date will be after this time, that is if my stay request is unsuccessful.

Thanks