CEL ANPR PCN PAPLOC Now Claimform - i did Appeal but Rejected - Greyfriars carpark MK40 1BY

[brassnecked]

"the money saving expert forums suggest you must appeal as it can be the easiest way to remove the claim"

 

The advice here is usually NOT to appeal as it often leads to  identifying the keeper as driver and negates POFA protection, it seems logical to appeal in your case

 

Do you have any proof you paid? if by phone app there must be a record on a Bank Statement, print that out as it will be evidence to kill their claim if they did try  court. Did you send any proof of payment with appeal? if so again undermines their case if they were silly.

[brassnecked]

Yes is a LBA so as FTMDave indicates snotty letter time.

[brassnecked]

Who did you appeal to for clarity?  Appealing isn't something we recommend usually as it  otenremoves POFA protection for the keeper by identifying the driver.

[brassnecked]

No way would I chuck in the towel and send the Plesae don't sue me for 30 days while I get debt advice letter BreadAndButter

 

Looks good FTMDave   I would add the year 2020 to the reference to HHJ harvey's Lewes judgment

 

They have frustrated any way of forming a Contract that binds you to pay anything due to the woeful App, and a system that allows no other way to pay.  How would someone with just a candybar featurephone pay as it can't run apps?  They vcouldn't and would be invoiced by the fleecers.

[brassnecked]

Putting the actual date of that lewes hearing willl also indicate they are sussed and the judgmentis well worth a read especially the last poart alluding to the abuse of process and the way the Unicorn feed tax is destroyed as an overt abuse of process  Page 18 and 19 are significant.

One Parking Solution v Ms W 5 Feb 2020.pdf

[brassnecked]

No short and sweet best, the uselessness of the app would be part of a short defence if they did issue a claimform, as in

 

"No Contract could be formed for any action to be taken for breach of a Contract Frustrated from the start, due to inability to pass consideration as in fee to park due to inability of the App, the sole method of payment offered to process any payment. Therefore NO Actionable  Contract can be  deemed to exist."

 

That would be for later if they are silly enough to try court

[brassnecked]

Just make sure derfence is in by due date, it doesn't have to be elaborate at this stage, a 3 line defence should do post what you propose to put on MCOL  her so the team can advise if anything needs tweaking.

[brassnecked]

The 3 line generic is always best, the demolition of their case comes when the submit a cut 'n paster WS.

[brassnecked]

Just hang fire on the abuse of legal procedure line until rest of team look it over otherwise OK, as if they make payment impossible or too awkward it kills their case on frustration, of contract alone.

[brassnecked]

Well spotted Gick, shows the value of posting up to chek context and content.

[brassnecked]

Looks OK