ugent - court on 27th Nov

[wotacute1]

i dont know. i think im just gonna ring them and ask if i can settle it for a small amount a month. the stress is too much and im now sat at my desk crying at the thought of going to court.

[caro]

Was the court date on official court stamped paperwork? In order to get a court date you would normally have to submit a defence and then complete an allocation questionnaire. If you hadn't done this you would most likely lose by default.

 

Don't get upset about it. You shouldn't be bullied into paying money you don't owe. This is what these parking companies rely on, and the more they win the more they'll carry on.

 

Let's see if we can sort this together.

[wotacute1]

I recieved a court form, and returned that wth a generic defence i found on these forums about no contract and even if there was it was disproportionate. Then i got a court date and an AQ which i returned. Yesterday i got the POC recorded delivery and its a lot of jargon and mumbo jumbo and case law etc.

[Dublindel]

Carry on to court. The judge can pick through the legal arguments as he see's them.

[ericsbrother]

put bluntly you have nothing to lose now so you may as well go for it.

What are the particulars of claim based on? Presumably a breach of contract so what are they saying you did and how has this affected them?

Do they have a contract with the landowner that allows them to use the court process in their own name? Where is the copy of this contract?- no proof then no case. Demand a copy.

Do you have a copy of the contract you are supposed to have breached? it should be in the bundle they sent you. If not, how have they provided evidence of a contract? If no copy, where are the signs in car park and are they legible?. can they procvide evidence that yellow lines on private land are enforceable in any way?

Have they got planning permission for putting advertising signs up under the Town and Country planning (advertising) regulations 2007. If they havent then you can claim that they are breaking the law and thus you are released from any contract as being "unconscionable".

How do they justify the amount? Is it a liquidated loss or are they claiming commercial justification? Both can be answered. The former requires a breakdown of thie loss and how this came about. As they dont own the land it is difficult to substantiate without claiming their "establishment costs" which are not losses due to a breach. The latter is best addressed by Cavendish Square Holdings v el Makdessi. (2012). Most parking Co's like to cite Lordsvale V Bank of Zambia but this is now superceded but they obviously arent going to quote things that harm their case. Basically the commercial justification requires a level playing field and equal bargaining power and generally commercial interest for both parties, not their unilateral contract. The judge makes it clear what is and isnt commercial justification and what is a penalty. Their charges, without either showing a true loss or commercial justification as described are a penalty and nothing else. Read the judgement and take a copy with you to court with the relevant bits highlighted. Judges dont know all of case law off by heart and will only consider what you put in front of them.

Hope that gives you a start.

[themagician]

as you have now gone this far you really have to go with it and trust these caggers to help you to the end,you have virtually nothing to lose.

just think positively of the glory when you win,dont forget to ask for cost's aswell. good luck!

[caro]

Not the same company I know, but I hope this thread will encourage you.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?409631-Parking-Eye-Boshed-again!#post4398308

[Scouse Magic]

I don't get this at all, it all sounds a bit odd.......Firstly because there is no letter before claim mentioned....the individuals rights under POFA have been denied, and the fact that the case is on 27th November, well the OP must have gone through the initial POC form and allocation questionaire......