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CEL - Rejected my appeal, final notice before action


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Thanks all, Ill get that off today!

 

Got an email from the store, they aren't surprised at any of this as they've had far too many people complain about the carpark and raised it with their MP aswell.  They wish me well but nothing they can do as its privately owned land, with a dogey app.

 

Should i reiterate any of this?

Should i also describe why the app is so shocking ly rubbish or is the above letter enough?

 

cheers!

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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

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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

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I’d add (just in case the DJ says “but if you couldn’t pay, you shouldn’t have parked”):

“The situation being compounded by the app appearing to allow payment, with a countdown timer for the period ‘paid for’ appearing”.

 

Have you offered to pay the fee the app should have taken but didn’t?

 

If they were stupid enough to take it to court I’d invite the judge to find that they were entitled to that fee, and only that fee, but [contrary to the usual guideline of costs ‘in the case’] you were entitled to the {limited} costs available in the small claims track.

They’d ‘win’ : but only for the parking fee, you’d win : by them being the ones an order of judgment was made against!

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