Ask a Traffic Law Question, Get an Answer ASAP!
We have received a letter before county court claim, warning us of extra costs. But we will go to court as we feel this is not just as we were only in the car park for 11 minutes, and the car was always occupied by me the driver. We did explain it was not parked and we only dropped people at the pud. We then overstayed our welcome by not using the so called log in inside the pud. If we go to court how can we win the case or will they use the wording we have used in defending ourselves which obviously has not worked in the eyes of the law. see below:
Having reviewed the evidence, I am satisfied that the terms and conditions of parking were clear on a number of signs at the site and would have been visible to the Appellant. The signs made it clear that the site is for the use of Chamberlayne Arms patrons and there is a requirement to register the vehicle registration number at the terminal in the pub. The Appellant remained at the site for longer than a reasonable grace period and did not use the site for its intended purpose and were therefore unauthorised to remain at the site. I find that the Appellant breached the terms of the site by remaining there when they were not authorised. If the Appellant was unsure of the terms of parking, they ought to have called the Operator to seek advice. The onus is on the Appellant to ensure compliance with the terms of parking and on this occasion they did not do so.
Part of your answer was: Unless you actually get a court summons, none of these correspondences have any legal basis. If you do get a court summons then you can always part admit the claim and offer a small amount for their loss.
We have offered to pay £1.50 as this is the rate for 1 hours parking in the area, what sum are we talking about if we part admit? Does it make any difference that we were in the car and did not park? Does common sense not come into these equations? We know we are a bit naive but £60 for 11 minutes when your unaware of fault seems very harsh, would this be an issue?
We bought a vehicle on lease hire, the vehicle was bought by a sole trader. In the time we have had the vehicle it has only been on the road for 5 days out of 75 days, it broke down on the drive home. We reported it to the seller who has not wanted to pay for any mechanical fixes, we then passed the issue onto the finance company. They have been working towards a solution but the fix is expansive, they want me to sign a disclaimer saying I will take full charge of all breakdowns and repairs after the fix. I have not signed it as we think we should have some form a warranty after the fix. How do we stand if we want to cancel the lease hire? Do we have to sign the disclaimer? How do we stand with warranty?