Your browser isn't supported
It looks like you're using an old web browser. To get the most out of the site and to ensure guides display correctly, we suggest upgrading your browser now. Download the latest:

Welcome to the MSE Forums

We're home to a fantastic community of MoneySavers but anyone can post. Please exercise caution & report spam, illegal, offensive or libellous posts/messages: click "report" or email forumteam@.

Search
  • FIRST POST
    • Geeno123
    • By Geeno123 13th Jul 17, 5:45 PM
    • 2Posts
    • 0Thanks
    Geeno123
    I'm going to court, help please.
    • #1
    • 13th Jul 17, 5:45 PM
    I'm going to court, help please. 13th Jul 17 at 5:45 PM
    Hi,
    I am going to court next week for a parking fine. I have already sent all documentation to the court, but I did it in a terrible rush and did not manage to do much research beforehand. I know that was bad.
    Hopefully I will be allowed to quote some extra case or law to support my case. Does anyone know if this is allowed or if it is only at discretion of the judge?
    This is my case in short:
    I parked in an estate to attend to an emergency (as a nurse on call) using my own car. I didn't notice any parking restrictions nor there was any signage on the road I was parked. I then received a fine, contested it to no avail with the parking company (unfortunately I didn't make a copy of my appeal nor a recorded delivery), did the same with the solicitors (Gladstones) who declined to come to an agreement, and now I'll try and put my case in court.
    I have read most of your Newbies posts and I am a bit confused. These are my questions:
    1. is there a law to quote regarding lack of double yellow lines or other signage on the floor?
    2. Same as before but regarding parking signs which are not lit at night or altogether not very visible?
    3. Anything to quote regarding the fact that I was in an emergency situation (other than the human rights act art. 2), attending a life-death situation?

    Thanks in advance for any help at all.
Page 1
    • Redx
    • By Redx 13th Jul 17, 6:07 PM
    • 16,110 Posts
    • 20,176 Thanks
    Redx
    • #2
    • 13th Jul 17, 6:07 PM
    • #2
    • 13th Jul 17, 6:07 PM
    you cannot add to the initial defence , but you can expand your witness statement , BUT that should have already gone in some 2 weeks prior to the case

    1) private parking is unregulated , yellow lines are graffitti on the floor, but a judge may expect you to respect their implication on private land

    private land is unregulated , as is the private parking sc@m industry

    2) agreed, signage is a major defence point and hopefully you queried it in your defence, plus in any witness statement (your own)

    3) again , this should be in the witness statement

    these are what you would major on

    NO VALID LANDOWNER CONTRACT
    POOR AND INADEQUATE AND UNLIT SIGNAGE
    GRACE PERIODS
    The BPA CoP (or the IPC CoP , as appropriate) FAILURES
    NOT THE SAME AS THE BEAVIS CASE
    NTK ERRORS
    NO POFA2012 LIABILITY (if the driver was not revealed)
    Last edited by Redx; 13-07-2017 at 6:09 PM.
    Newbies !!
    Private Parking ticket? check the 2 sticky threads by coupon-mad and crabman in the Parking Tickets, Fines & Parking Board forum for the latest advice or maybe try pepipoo or C.A.G. or legal beagles forums if you need legal advice as well because this parking forum is not about debt collectors or legal matters per se
    • Coupon-mad
    • By Coupon-mad 13th Jul 17, 8:01 PM
    • 50,736 Posts
    • 64,129 Thanks
    Coupon-mad
    • #3
    • 13th Jul 17, 8:01 PM
    • #3
    • 13th Jul 17, 8:01 PM
    1. is there a law to quote regarding lack of double yellow lines or other signage on the floor?

    Lack of signs/lines could win you the case. No law about it, but there's a Code of Practice the parking firm must keep to (are they in the IPC or BPA, look at the applicable Code, print it out and take it with you in the hope the Judge lets you mention it and point to 'unclear signs/not seen/no contract then'.

    2. Same as before but regarding parking signs which are not lit at night or altogether not very visible?

    Absolutely as above - unlit signs can CERTAINLY win your case but you must evidence it. Are you local enough to take photos or a video in the dark, from a passenger seat when driving in, and hope the Judge lets you show it?

    3. Anything to quote regarding the fact that I was in an emergency situation (other than the human rights act art. 2), attending a life-death situation?

    Not really but just go in with your head held high and state the truth, and take a copy of the appeal you made and anything else - e.g. proof that it was an emergency (a redacted copy of the call-out with no patient name on it). You should read about 'Rights of Audience ' and the BMPA text service to check the bona fides of the person who rocks up for the other side, you COULD get them kicked out on the spot!

    Which parking firm?

    You can't add new arguments but you CAN go for Rights of Audience on the day with the BMPA's help.
    PRIVATE PCN? DON'T PAY BUT DO NOT IGNORE IT TWO Clicks needed for advice:
    Top of the page: Home>>Forums>Household & Travel>Motoring>Parking Tickets, Fines & Parking - read the 'NEWBIES' FAQS thread!
    Advice to ignore is WRONG, unless in Scotland/NI.

    • Geeno123
    • By Geeno123 13th Jul 17, 8:27 PM
    • 2 Posts
    • 0 Thanks
    Geeno123
    • #4
    • 13th Jul 17, 8:27 PM
    • #4
    • 13th Jul 17, 8:27 PM
    Thank you both, I'll do my best.

    The parking firm is Parking and Property Management Limited.

    :-)
    • Coupon-mad
    • By Coupon-mad 13th Jul 17, 8:48 PM
    • 50,736 Posts
    • 64,129 Thanks
    Coupon-mad
    • #5
    • 13th Jul 17, 8:48 PM
    • #5
    • 13th Jul 17, 8:48 PM
    Shout if your reading about 'Rights of Audience' confuses you (it's not easy but can kill their chances on the spot). Search the forum for 'Gazette' to find threads about people who have done this.
    PRIVATE PCN? DON'T PAY BUT DO NOT IGNORE IT TWO Clicks needed for advice:
    Top of the page: Home>>Forums>Household & Travel>Motoring>Parking Tickets, Fines & Parking - read the 'NEWBIES' FAQS thread!
    Advice to ignore is WRONG, unless in Scotland/NI.

    • The Deep
    • By The Deep 13th Jul 17, 9:15 PM
    • 7,174 Posts
    • 6,228 Thanks
    The Deep
    • #6
    • 13th Jul 17, 9:15 PM
    • #6
    • 13th Jul 17, 9:15 PM
    Most judges recognize that these claims are a scam. A nurse attending an emergency should have little trouble convincing a judge that this ticket was ill-judged. Turn up in uniform covered in blood and cry your eyes out.
    You never know how far you can go until you go too far.
Welcome to our new Forum!

Our aim is to save you money quickly and easily. We hope you like it!

Forum Team Contact us

Live Stats

205Posts Today

1,185Users online

Martin's Twitter
  • RT @LordsEconCom: On Tuesday Martin Lewis, Hannah Morrish & Shakira Martin gave evidence to the Cttee. Read the full transcript here: https?

  • Ta ta for now. Half term's starting, so I'm exchanging my MoneySavingExpert hat for one that says Daddy in big letters. See you in a week.

  • RT @thismorning: Can @MartinSLewis' deals save YOU cash? ???? https://t.co/igbHCwzeiN

  • Follow Martin