Bank park management ltd - private parking not paid |
Bank park management ltd - private parking not paid |
Tue, 9 Oct 2018 - 11:18
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Member Group: Members Posts: 26 Joined: 9 Oct 2018 Member No.: 100,291 |
I have received a claim form from the county court business centre in Northampton that deal with online small claims.
Issue date: 04 Oct 2018 The claimant is Bank park management ltd using QDR solicitors ltd. They are claiming for a total amount of: £235. Breakdown: Amount claimed: £160, Court Fee: £25, Legal representative's cost: £50 Total amount: £235. The particulars of the claim are (in summary): Parked at site in breach of contract, contravention being Anpr failure to pay for parking. By entering into contract Defendant agreed that they would be liable for £100 parking charges plus additional contractual charged incurred by the claimant for collection of the debt pursuant to the terms and conditions. I have only just filled in online the acknowledgement of service. I am trying to compile a defence but would appreciate any help. The key points I have currently put together are: 1. According to protection of freedoms act 2012 schedule 4 they should be charging an amount of genuine pre estimate of loss. They charge 40p per hour. 2. Sign is not clearly shown - Car park has no signage stating terms and conditions at entrance, there is 1 sign of this nature on the far end but can easily be obstructed by a parked vehicle. 3. Penalty clause as the charge is an attempt to prevent motorists from breaching the contract - a term or condition in a contract which demands an excessive financial charge be paid if one party breaches the contract. Will these be enough to win? |
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