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keljon

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  1. amended The Claimant is put to strict proof that it has sufficient interest in the land or that there are specific terms in its contract to bring an action on its own behalf. As a third-party agent, the Claimant may not pursue any charge, unless specifically authorised by the principal. The Defendant has the reasonable belief that the Claimant does not have the authority to issue charges on this land in their own name, and that they have no right to bring any action regarding this claim. The contract provided in their exhibit bundle pages 1,2,3 is an old contract dated 2015 with no proof
  2. thankyou for your comments, amended sections below 10. The Claimant is put to strict proof that it has sufficient interest in the land or that there are specific terms in its contract to bring an action on its own behalf. As a third-party agent, the Claimant may not pursue any charge, unless specifically authorised by the principal. The Defendant has the reasonable belief that the Claimant does not have the authority to issue charges on this land in their own name, and that they have no right to bring any action regarding this claim. The contract provided in their exhibit bundle pages
  3. am I advised to post this to the claimant? filing date is 4pm tomorrow so presumably as long as I post tomorrow and get proof of posting, I'm covered? any issues submitting this to the court by email?
  4. i have left off the BPA membership because as i understand it, they are IPC members and a BPA associates which does tally up with the signage
  5. I, ***** ***** am the Defendant in this claim. I was the registered keeper of vehicle registration number ******. A parking ticket was purchased. (Exhibit A1) I parked in what I believed to be a parking bay. (Exhibit A2) I returned to my car to find a PCN attached to the window. (Exhibit A3) I returned to the site several weeks later as I had been advised to take pictures of the signage, I found the space where I had been parked to now have been clearly marked with yellow paint. (Exhibit A4) The
  6. can i use this...... No legitimate interest in enforcing a charge – One of the key points from the Beavis case was that the charge was necessary to deter overstaying; if they did not issue penalties then the car park would be unfairly used. The flip side of this is that if there were no legitimate interest, then the charge would be an unenforceable penalty… The following are examples of charges that are arguably therefore penalties: Parking in a space you own but forgetting to display your permit Entering an incorrect VRN into a terminal Underpaying in a ca
  7. I, **** **** am the Defendant in this claim. I was the registered keeper of vehicle registration number ******. A parking ticket was purchased. (Exhibit A1) I parked in what I believed to be a parking bay. (Exhibit A2) I returned to my car to find a PCN attached to the window. (Exhibit A3) I returned to the site several weeks later as I had been advised to take pictures of the signage, I found the space where I had been parked to now have been clearly marked with yellow paint. (Exhibit A4) The s
  8. ref the signs, their witness statement has 2 different signs with different wording (page 6 & 9) the sign on page 6 with small black font was the sign nearest to where my vehicle was parked.
  9. so the given address is:- Premier Parking Solutions Ltd. Southernhay Southernhay Gardens Exeter EX1 1SG i'm not familiar with the website, but should i expect to see a planning application for signs here (i do not) http://publicaccess.exeter.gov.uk/online-applications/simpleSearchResults.do?action=firstPage
  10. yes I have pictures of the parking space when I received the windscreen ticket and then a few weeks later when I returned to the site to take pictures of the signage planning permission for the signage?
  11. also i notice in their WS, point 11.1 quotes "All vehicles must park within the allocated bays only, vehicles must not exceed the marked bay areas" but the sign in their WS on page 9 states "Vehicles must only park wholly within a bay." i think the sign in their WS is not the sign that was up when i parked there because the pictures i took show a similar but different sign with the wording they quote in their WS, not sure if it has any relevance but seems a bit odd
  12. can i use some of the following -------------------------------------------------------- It is denied that the Defendant breached any of the claimant's purported contractual terms, whether express, implied, or by conduct. It is also disputed that the Claimants signage erected with the car park is of a large enough font and displayed adequately for patrons to read thoroughly. The £100 penalty charge is not highlighted in large enough font to be immediately noticeable and it is unclear as to when this applies. Further, it is denied that the claimant's signage se
  13. I was hoping to get some assistance with padding it out, I'm not finding many cases that are similar to mine and I'm cautious of quoting case law that might not be relevant, any advice greatly appreciated
  14. In the County Court at ****** Claim No. ****** Between Premier Parking Solutions Limited (PPS Ltd) (Claimant) and Mr **** ***** (Defendant) Witness statement of Mr *** ****, Address: *** ***, *****, ***** 1. I, **** **** am the Defendant in this claim. 2. I was the registered keeper of vehicle registration number *****. 3. A parking ticket was purchased. Exhibit A1 4. I parked in what I believed to be a parking bay Exhibit A2 5. I returned to my car to find a
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