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FTMDave

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FTMDave last won the day on April 19

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  1. Your letter is superb. A couple of months ago it would have led to instant victory. The problem is that since then there has been a tsunami of these cases and Starbucks have got fed up. However. nothing ventured ... I've made a little addition in red above so they know that you know that they have the power to intervene and have done so numerous times in the past.
  2. LFI is spot on. In fact you could sue UKPC for breach of GDPR, as UKPC knew full well right from the start that their case was hopeless. They should never have asked for your details from the DVLA. Take some time to think if that is a road you want to go down.
  3. We would love to help you but if you can't find two minutes to fill in the details of the disputed invoice despite three requests there's little we can do.
  4. There is a huge difference between Roadchef who presumably have some morals and are concerned about road safety ... ... and Group Nexus who are only interested in £££££. So, yes, appealing and mentioning illness to Group Nexus won't wash because the PPCs are simply bloodsuckers. But the organ grinder/Roadchef could well be a different story. Emphasise the medical emergency, that the person would have been committing the offence of dangerous driving had they left in the condition they were in, etc. We say not to out the driver but I think you have to tell Roadchef that the driver was incapacitated and who that was. To answer your question. Yes, Frustration of Contract has been argued in court many times, including by Mystic Bertie last week - he won.
  5. Have you seen dbuk2000's result? Absolutely thrashed a PPC in a residential parking case today.
  6. If the driver was taken ill then there is a legal term called Frustration of Contract - i.e. that it was impossible to respect the contract/overstay times due to illness. Do you have any proof of this? From https://motorwayservices.uk/Tibshelf#google_vignette there is a free stay period of two hours, after that you have to fork out money. Yes, contacting the organ grinder is always a good idea. The CEO of Roadchef is https://www.ceoemail.com/s.php?id=ceo-77835&c=Roadchef Motorways-CEO Lay it on thick about the illness, attach any proof, and request they have the invoice cancelled..
  7. However, if it can be improved - why not? I see you've been looking at other WSs. You need a little introduction at the start about being a Litigant-in-Person. In Insufficient Signage/Exhibit 1 is it necessary to show the close-up of their signs? That's almost showing the signage as better than it is. I would leave out your 2nd, 4th and 5th photos. In Penalty flesh it out a bit. Add that the Claimant will witter on about the Beavis judgment but that your case is distinguished, Beavis dealt with a car park during opening hours when there was an interest in limiting the time cars could stay. Again in Prohibition flesh it out. Add some persuasive cases. There are loads in WSs. In Abuse of Process/Double Recovery para 14 they have inflated their claim from £100 to £170. The other costs are allowed. The rest is superb - well done.
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