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#Post#: 10153--------------------------------------------------
Re: Euro Parking County court letter
DIR By: BigPoppa
Date: November 14, 2023, 6:59 am
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[member=103]DWMB2[/member]
I will get this email over to the ccbcaq email address today if
you don't have any more comments.
Thanks.
#Post#: 10154--------------------------------------------------
Re: Euro Parking County court letter
DIR By: DWMB2
Date: November 14, 2023, 7:23 am
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The wording seems okay, although I do wonder about the order.
I'd say the signage being incapable of forming a contract is a
stronger one than the PoFA point, yet is only mentioned 13
paragraphs in. You may want to move this up.
I'm not sure the point around feeling 'harassed' is a strong
one, and may distract attention from the more meritorious point
that they did not comply with PoFA. The parking company could
say that they had no choice but to hire a debt collection
company to send you letters as you failed to engage in any
correspondence with them on the matter.
#Post#: 10156--------------------------------------------------
Re: Euro Parking County court letter
DIR By: BigPoppa
Date: November 14, 2023, 7:34 am
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What about if I move point 13 up so that it's now point 4 and
change point 3 to this -
The Defendant cannot be held liable due to the Claimant not
complying with the ‘keeper liability’ requirements set out in
the Protection of Freedoms Act 2012, Schedule 4.
I can make this a separate point number 5 -
The defendant first heard about this parking charge by post on
05/01/23 and feels harassed by the bombardment of ‘debt
recovery’ letters.
#Post#: 10225--------------------------------------------------
Re: Euro Parking County court letter
DIR By: DWMB2
Date: November 14, 2023, 4:00 pm
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--- Quote from: BigPoppa link ---
>
> I can make this a separate point number 5 -
> The defendant first heard about this parking charge by post on
05/01/23 and feels harassed by the bombardment of ‘debt
recovery’ letters.
>
--- End Quote ---
You seem to have taken out the important bit, and left in the
unimportant bit. Your strongest argument (in my opinion), is
that the signage at the site was not capable of forming a
contract (the 'forbidding signage' argument). That you felt
harassed by the debt collector letters is largely irrelevant
when considering whether or not the charge is owed.
#Post#: 10287--------------------------------------------------
Re: Euro Parking County court letter
DIR By: BigPoppa
Date: November 15, 2023, 3:59 am
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OK. I have made the changes and emailed it to CCBC AQ. I have
received the auto message saying they have receipt of me email.
I will update you with any progress. Thanks.
#Post#: 10297--------------------------------------------------
Re: Euro Parking County court letter
DIR By: DWMB2
Date: November 15, 2023, 5:46 am
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You would be wise to try and get ahead of things. Rather than
waiting to see what happens, have a look at the MSE guide I
linked to and see what comes next, you can start drafting things
like your witness statements now.
#Post#: 10318--------------------------------------------------
Re: Euro Parking County court letter
DIR By: BigPoppa
Date: November 15, 2023, 11:43 am
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I already did a lot of the work in the letter that I wrote by
mistake....Remember you wrote - what you have posted does not
read like a defence, but more like a mixture of POPLA appeal and
witness statement (indeed, you refer to it as an 'appeal' in the
document itself).
I will need to make some tweaks to it but it's mostly there
depending if we need to go down that road or not. I'm hoping
they drop it here but let's see. If we have to go the whole way
them I will keep ploughing through it to the very end!!
#Post#: 10341--------------------------------------------------
Re: Euro Parking County court letter
DIR By: DWMB2
Date: November 15, 2023, 4:06 pm
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A fair bit of the content is there, but turning into a more
'Witness Statement-friendly' format certainly won't hurt. IIRC
there are some decent examples linked to in the
MoneySavingExpert thread. Things such as numbering each
paragraph, including a contents page, etc., anything that makes
the document easier to navigate during the hearing. I notice the
document you uploaded includes hyperlinks - the judge may be
looking at a printout of your witness statement and evidence, so
might not be able to click links (and even if they could,
probably wouldn't), so where you have used links, include full
copies of whatever documents they link to in full, as an exhibit
in your evidence.
#Post#: 10365--------------------------------------------------
Re: Euro Parking County court letter
DIR By: BigPoppa
Date: November 16, 2023, 3:09 am
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Thanks. I will start a new draft and let you see it once ready.
#Post#: 19003--------------------------------------------------
Re: Euro Parking County court letter
DIR By: BigPoppa
Date: April 4, 2024, 5:49 am
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--- Quote from: DWMB2 link ---
>
> A fair bit of the content is there, but turning into a more
'Witness Statement-friendly' format certainly won't hurt. IIRC
there are some decent examples linked to in the
MoneySavingExpert thread. Things such as numbering each
paragraph, including a contents page, etc., anything that makes
the document easier to navigate during the hearing. I notice the
document you uploaded includes hyperlinks - the judge may be
looking at a printout of your witness statement and evidence, so
might not be able to click links (and even if they could,
probably wouldn't), so where you have used links, include full
copies of whatever documents they link to in full, as an exhibit
in your evidence.
>
--- End Quote ---
After a long delay due to family issues and other various tasks
in the way I have written my appeal and attached it. I have a
court date now which is 02/05. I would welcome any comments
before I send it to the courts.
[attachment deleted by admin]
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