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By aliencontractor · Posted
And apologies for missing that information out. -
By lookinforinfo · Posted
Not much said in their WS other than there was a contractual breach which there wasn't since you cannot form a contract from a prohibitory notice. Ambreen then produces an inappropriate case Parking Eye v Beavis which was in a car park with a valid contract. Whereas VCS have a case where they have no contract and the road is covered by Bye Laws and the Road traffic Act. It is the shortest but most repetitive WS she has done which would appear to suggest that it was written in haste and therefore not written on 12th May which would have been the correct time to complete a WS. At point 12 the Paralegal goes on about the Terms and Conditions about motorists wishing to use the car park. The defendant was on a road, not a car park so there was no contract. At point 20 Ms Arsheen claims they can pursue the Defendant as the keeper under the terms of PoFA 2012. This is patently impossible as the defendants car was stopped on a road covered by Bye Laws. The PCN is therefore an unlawful document purporting to be issued under PoFA when it cannot thereby misleading all motorists in receipt of that PCN stopped in similar circumstances to the defendant. The claimant is put to strict proof that the road where the defendant was stopped was not covered by Bye Laws nor the Road traffic act. The name and post code of the road would help define where the defendants car was stopped. Stating John Lennon airport is nowhere near accurate enough since the airfield is an area of several square miles. In addition the contract does car parks, unadopted roads and land none of which apply to where the motorist stopped his car because of a breakdown. Their WS is full of references to parking charges, parking contract etc but you weren't parked you were stopped a totally different operation. In any event when you entered the airport you had no intention of sopping where you did. But as you car had an apparent electrical or mechanical fault you were faced with a frustration of contract. You stopped there because you had no other option. The car may have become damaged by continuing to drive it. Incidentally, you have not added all their pictures of the airport, where you were parked nor the contract.. Could you please post them in case they have tried something new. -
By brassnecked · Posted
Might be very interesting @FTMDave if that was introduced to the judge during the hearing, wonder if he would be summoning Ambreen to court to answer charges?
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