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As I said a READABLE copy of the parking conditions sign
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Sorry, it was sideways from the main photo.
So yes it 8s a forbidding signComment
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Could you draught a copy for me to use as a defense with the info I have suppliedOriginally posted by ostell View Post
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The usual is for the OP to write a defence with all the info and then put it on here for critiqueComment
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Its a start how am I doing :/Originally posted by gewag View Post
The Defendant received the claim ********** from the Northampton County Court issued 5th June 2019.
Each and every allegation in the Claimants statement of case is denied unless specifically admitted in this Defence.
Last edited by gewag; 12th September 2020, 11:37:AM.Comment
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Statement of Fact
Driver went to look at a Boat in a boat yard and didn't noticed that it had parking restrictions no obvious signs on displayed in entrance, PCN was sent , Driver went back to the yard to see the harbor master in charge of the boat yard and shop, The yard had no parking payment machine or anywhere to enter you registration number outside the shop, it had a machine to enter your reg number inside the shop but at the time of the ticket the shop was shut 18:15, Driver had no way of paying or entering registration number to avoid a PCN. The harbor master / shop manager told the driver he would get the ticket cancelled A few weeks later Driver got another ticket that had increased went back to the shop and was told that the ticket was cancelled and it was just a computer generated one so not to worry. Now after a few months the driver has a claim from county court business center for £265.00 the only way to avoid a penalty was to enter your registration number into the machine but the only machine was in a closed shop. Photograph Evidence on request
Defence:
1) The Defendant received the claim ********** from the Northampton County Court issued 5th June 2019.
2) Each and every allegation in the Claimants statement of case is denied unless specifically admitted in this Defence.
3) The signage in the car park is of a “forbidding” nature. It is limited to cars displaying a valid permit only and therefore the terms cannot apply to cars without a permit because the signage does not offer an invitation to park on certain terms. The terms are forbidding. This means that there was never a contractual relationship. I refer you to the following case law: PCM-UK v Bull et al B4GF26K6 [2016], UKPC v Masterson B4GF26K6 [2016], Horizon Parking v Mr J C5GF17X2 [2016] – In all three of these cases the signage was found to be forbidding and thus only a trespass had occurred and would be a matter for the landowner.
In the case of UKPC v Masterson B4GF26K6 [2016];
“I am not able to consider that that is an open offer to contract to park at first sight. If anything, it prohibits unauthorised parking on my reading of it. If I am wrong in that then I have to consider whether the inclusion of the wording, “Terms of parking apply at all times”, in any way invalidates my view that the signage seeks to prohibit unauthorised parking.
Taken from the transcript of PCM-UK v Bull et al B4GF26K6 [2016];
“This notice is an absolute prohibition against parking at any time, for any period, on the roadway. It is impossible to construct out of this in any way, either actually or contingently or conditionally, any permission for anyone to park on the roadway. All this is essentially saying is you must not trespass on the roadway.
4) Under Civil Procedure Rule 16.5 (5) Where the claim includes a money claim, a defendant shall be taken to require that any allegation relating to the amount of money claimed be proved unless he expressly admits the allegation. Therefore, it is expected that the Claimant be required to prove the allegation that the money is owed as claimed.
5) The Defendant respectfully requests the court orders the Claimants to provide the necessary documentation in order for The Defendant to fully plead his case else the Claim should stand struck out.
6) In the event that the relevant documents are received from the Claimant, the Defendant will then be in a position to amend his defence, and would ask that the Claimants bear the costs of the amendment.
7) It is denied that the Claimant is entitled to the relief as claimed or at all.
8) Frustration of contract as the defendant could not complete the defendant's part of the
contract because of their actions which was beyond the defendant's control.
The defendant was enticed into the yard to look at the boat for sale,
The defendant didn't know the boatyard was shut as there were no barriers and no notices to say it was shut
"because of their actions which was beyond the defendant's control"
There was no way the defendant could pay or enter registration details to
park and thus avoid any charges due to no parking machine to pay, or any
way of entering the defendant's vehicle reg. number out of hours, as the shop was shut.
"Frustration of contract as the defendant could not complete the defendant part of the
contract"
9) The charge £261.69 is excessive
10) Extra cost's is a abuse of process in increasing amount claimed when there has been no such costs
11) principal has requested the claimant to withdraw the charge but the claimant has, to date, ignored the request
Statement of Truth
The Defendant believes that the facts stated in this Defence are true.Last edited by gewag; 15th September 2020, 11:52:AM.Comment
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Just a thought If I offer my defense and they reject it will I have to pay more than the original court summons amount of £261.69 ?Comment
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Can I invoice the Boat yard for the fine if My Defence is thrown out ?
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The comment on 9 is not required. just a plan the charge of xxxx is excessive.
The won't throw it out.
No you can't invoice the boat yard. Have you not got a letter yet from the boat yard telling the Parking company to cancel?Comment
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Not yet The boatyard sent an email last Thursday but not had a reply yet I will be phoning in a minute to see if any reply yet thank youOriginally posted by ostell View PostComment
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Just spoke to the boat yard," the parking company has reply to the boat yard on other issues but has ignored the request to cancel court proceedings" So I take this as they want to continue So I will put my defense in and see what happensOriginally posted by gewag View PostComment
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