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Bank park management ltd - private parking not paid
SE-786
post Tue, 9 Oct 2018 - 11:18
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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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Posts in this topic
- SE-786   Bank park management ltd - private parking not paid   Tue, 9 Oct 2018 - 11:18
- - Jlc   GPEOL is mostly dead and the PoFA doesn't stat...   Tue, 9 Oct 2018 - 11:30
- - SE-786   Thanks for the reply Jlc, I will try take some pi...   Tue, 9 Oct 2018 - 13:05
|- - Jlc   QUOTE (SE-786 @ Tue, 9 Oct 2018 - 1...   Tue, 9 Oct 2018 - 13:27
- - SE-786   would it be a good idea to ask bank park managemen...   Tue, 9 Oct 2018 - 15:20
- - nosferatu1001   DOnt ask them SAR them They HAVE to respond to a S...   Tue, 9 Oct 2018 - 15:28
- - SE-786   I only have 28 days to submit my defence so doesn...   Wed, 10 Oct 2018 - 08:29
|- - Jlc   QUOTE (SE-786 @ Wed, 10 Oct 2018 - ...   Wed, 10 Oct 2018 - 08:44
- - SE-786   This is actually not for myself but for a friend. ...   Wed, 10 Oct 2018 - 09:02
- - ostell   Of course query authority   Wed, 10 Oct 2018 - 09:32
- - nosferatu1001   Every single defence queries standing All of them ...   Wed, 10 Oct 2018 - 10:21
- - SE-786   Any idea who actually owns The Farley Centre?   Tue, 16 Oct 2018 - 10:41
- - nosferatu1001   When did your SAR go in? ASk the council who pays ...   Tue, 16 Oct 2018 - 11:23
- - SE-786   I emailed the SAR on 10th October 2018. Sorry wh...   Tue, 16 Oct 2018 - 12:04
- - nosferatu1001   Non domestic rates.   Tue, 16 Oct 2018 - 12:20
- - SE-786   just an update: Bank park management sent an emai...   Tue, 23 Oct 2018 - 11:12
- - SE-786   another thing I would like to add, from the docume...   Wed, 31 Oct 2018 - 23:39
- - ostell   That failure to deliver within the relevant period...   Thu, 1 Nov 2018 - 09:20
- - nosferatu1001   Yep POint this ot to them STate they have no prosp...   Thu, 1 Nov 2018 - 12:17
- - SE-786   There isn't enough space to put the defence in...   Fri, 2 Nov 2018 - 10:13
- - ostell   Don't put your defence on the MCOL form !...   Fri, 2 Nov 2018 - 11:33
- - SE-786   I am [NAME] of [ADDRESS], defendant in this matter...   Fri, 2 Nov 2018 - 14:47
- - SE-786   a request was sent to bank park management to prov...   Fri, 9 Nov 2018 - 11:15
|- - The Rookie   QUOTE (SE-786 @ Fri, 9 Nov 2018 - 1...   Fri, 9 Nov 2018 - 11:29
- - nosferatu1001   Yep, this is complete rubbish Point out they are ...   Fri, 9 Nov 2018 - 12:40
- - Jlc   Perhaps they could redact the personal information...   Fri, 9 Nov 2018 - 12:42
- - SchoolRunMum   QUOTE 1. It is asserted that the Claimant’s char...   Fri, 9 Nov 2018 - 23:05


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