Received a claim? Yes
Issue Date: 25 June 2019
Have you Acknowledged the Claim?: Yes, online
Total Amount Claimed : £200
Claimant’s Name: Mr Simon Renshaw Smith Vehicle Control Services Ltd
Solicitors Firm: Does not appear on form
Original Creditor:
Original Debt: Parking fine
Particulars of Claim: The claim is for a breach of contract for breaching the terms and conditions set on private land. The defendants vehicle was identified in breach of the advertised terms and conditions; namely parking without displaying a valid ticket/permit. At all material times the Defendant was the registered keeper and or driver. The terms and conditions upon entering private land were clearly displayed at the entrance and in prominent locations. The sign was the offer and the act of entering private land was the acceptance of the offer hereby entering into a contract by conduct. The signs specifically detail the terms and conditions and the consequences of failure to comply, namely a parking charge notice will be issued and the defendant has failed to settle the outstanding liability. The claimant seeks the recovery of the parking charge notice, contractual costs and interest.
Is the debt Statute Barred (have you had any contact with the creditor or claimant over the last 6 years?): Prior to receiving the Claim Form, a letter was sent in May 2019 from the claimant demanding payment. Prior to this, no correspondence has been sent since roughly mid 2016.
List any letters you have sent (eg: CCA/ CPR ):
Any Other Information or Background Details: back in 2015/16 when the original claim was made I had some very helpful support on here but I cannot seem to trace the history. I had parked on private land on the assumption that the land was owned by a public house where I was having Sunday dinner. There was a large sign attached to the back wall of the pub stating that parking was for customers only however apparently this only referred to a small area against the pub wall where as I had parked towards the centre of the land. It was not at all clear that only part of the land would be ok to park within and the pub has since removed the sign from the wall as it was obviously causing confusion. I had photos of the land on a previous phone however since this happened 4 years ago and I had not hear anything for 3 I no longer have the phone or pictures. The land itself backs on to some small industrial units but is rarely utilised for any purposes and it looks like waste land so I was in no way obstructing anyone's business especially as this was on a Sunday evening. I would be really grateful for any advice on how I should proceed with defending this claim. Legal Beagles was incredibly helpful and useful back in 2016 on this matter.
Thank you
Thank you
Comment