Parking Eye ANPR PCN Claimform - campanile liverpool queens dock, l3 4aj,

[dx100uk]

good

take you time weeks yet till day 33 deadline

[ericsbrother]

have you got the piccies yet?

[razor_2uk]

I have some, had do i upload them onto here

[dx100uk]

read upload
one multipage PDF only please

[razor_2uk]

see if that has worked

I think the PDF file with the pics of the "signs" in the hotel has worked and uploaded

I actually laughed when I went in the car park and seen them,

Some are hidden behind parks cars and trees and the rest are pointed in different directions actually facing the building, so unless you walked right up to them to see what they actually were you would have no clue what they are.

I went in the restaurant and again there are no signs anywhere telling you what to do, there is a small printed out piece of paper with the words "enter reg here" stuck to the wall by a computer on a stand

there is no other instructions what it is for or what to do

[dx100uk]

you did take clear photos of the small print yes?

[razor_2uk]

I do have it but the writing is that small my camera cant make out what it says on it.

[ericsbrother]

normally I would say go and get better pictures of the sign contents but I really think that this makes the point there was no contract offered as the signage is insufficient to create one and where it is visible issnt an offer of terms of a contract but just a statement that it is for hotel patrons only. That means either no breach as you were a patron or the sign prohibits you frok being ther is you werent a patron and that isnt a genuine offer to park so no contract.


so, you defence will be

1. no breach of contract so no money cant be owed

2. sigage is prohibitive and thus isnt a genuine offer to park so any charge would be an unlawful penalty.


second point just a good example of the first. Whe you get into the detail you will use the unfair contracts terms regs and other detaisl to show that 1. isnt just 2.

[razor_2uk]

Could you point me in the direction of sorting all the evidence out and where/when to submit it

I literally have no clue what to do next

[dx100uk]

that's all for later at the disclosures stage IF it ever gets that far.

just make sure you file the above defence by 4pm Friday 5th oct and never early either

not the 6th [a Saturday] as your earlier post.

you can do it via MCOL same as you did the AOS.

you did send CPR yes?

[razor_2uk]

Whats cpr?

[dx100uk]

End of your post 1....

[razor_2uk]

Sorry, yes i done that but haven’t had a reply yet

[dx100uk]

Good

[silverfox1961]

I'm not that clever on the finer points of litigation but I do know that they are frustrating you by not supplying you with their evidence. No doubt they will try and ambush you at the court with extra rubbish which you can refuse to see

[ericsbrother]

Ok,
as they havent supplied the info you can write at the beginning of your WS with all honesty that you do not believe they have the necessary permissions and place the onus on them to produce their evidence and if they dont they are not likely to get far in a hearing as it is likely to be the first thing the judge will ask to se.

If they then magic up a contract or whatever you then ask for the new evidence to be disallowed for procedural reasons.

[razor_2uk]

Would i not just be able to send the evidence i have ie, the signs all turned around facing buildings inches away, hiden behind bushes ect.. and say I didn’t know about the “contract” as there was nothing stating it either in the carpark or inside the hotel restaurant/bar

[lookinforinfo]

The main reason they don't provide what you asked for Is that they don't have it.
If they did they would surely Send it since you would think the odds were stacked Against you then so may as well pay up and avoid
going to Court.

Of course they cannot say that they don't have them as that would mean they LIED when they first applied To join BPA or IPC since they have to agree that they Have complied with all relevant Laws and regulations.

Now the they LIED then and got away with it they find It just as easy to lie in Court too.
One can only hope That the day of reckoning will come.

[ericsbrother]

As posted on another thread,
they will claim they they arent deliberately telling lies,
they are just ignorant ( to the best of my KNOWLEDGE and belief) and even reckless in making untrue statements because these arent punishable.

It will however, with a modicul of luck get their witness statements chucked out as being wholly unreliable rather then just getting torn off a strip for the wrong bits.

You will need to lay it on with a trowel in wrting to push this point,
some judges wont entertain a false statement and others will pick through the wholes and then ignore the bad bits, which allows companies like PE to continue chancing their luck.

If every case that went through court was scrutinised for such untrue statements they would quickly learn but the court system is based on believing things to be as they claim to be unless proven otherwise.
That keeps lawyers out of prison and all judges were lawyers once.

[razor_2uk]

Ok guys i am going to start writing up my evidence so i can have it all ready to send in on Friday.

Anyone have a template or a sample of what i should be writing

Thanks