IMPORTANT: Please make sure your posts do not contain any personally identifiable information (both your own and that of others). When uploading images, please take care that you have redacted all personal information including number plates, reference numbers and QR codes (which may reveal vehicle information when scanned).
We're aware that some users are experiencing technical issues which the team are working to resolve. See the Community Noticeboard for more info. Thank you for your patience.
📨 Have you signed up to the Forum's new Email Digest yet? Get a selection of trending threads sent straight to your inbox daily, weekly or monthly!

Appeal Dismissed by IAS - Urgent

Options
124»

Comments

  • Coupon-mad
    Coupon-mad Posts: 152,019 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    I spotted you said 'UKPC' in a later point in defence, needs changing to UKCPM.

    And here, this isn't quite right, firstly it's not an appeal, it a defence:
    6.7 In this case the specific question is whether a reasonable person would agree to a term where parking in a place that they enjoy rights of way and easements and pay a significant rent for the privilege of peaceful enjoyment would also accept a further unknown/not agreed liability. I would suggest that a court would not accept this is reasonable and indeed my next [STRIKE]appeal[/STRIKE] defence point shows that a Senior Circuit Judge in a 2016 appeal case supports my view.

    Then, because you've referred to a 'Senior Circuit Judge in a 2016 appeal case' your next point MUST be about Jopson v Homeguard, which is the only 2016 Appeal case we know of and have the transcript for. PACE v Mr N is good to cite and quote after Jopson, but PACE v Mr N is not a case heard on Appeal by a Senior Circuit Judge.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • Personally (and I know I differ from others here) I don't think you need a defence that long, which adopts the "throw the kitchen sink at it" approach, but it'll do.

    It occurs that there is a primary alternative argument, namely that a permit left visible on the seat was still visible through the windscreen in any event and on that basis it is denied any parking terms were breached.
  • Coupon-mad
    Coupon-mad Posts: 152,019 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Johnersh wrote: »
    It occurs that there is a primary alternative argument, namely that a permit left visible on the seat was still visible through the windscreen in any event and on that basis it is denied any parking terms were breached.

    True, I'd missed that and agree it should be at the start, to clarify the dispute and facts.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
This discussion has been closed.
Meet your Ambassadors

🚀 Getting Started

Hi new member!

Our Getting Started Guide will help you get the most out of the Forum

Categories

  • All Categories
  • 351K Banking & Borrowing
  • 253.1K Reduce Debt & Boost Income
  • 453.6K Spending & Discounts
  • 244K Work, Benefits & Business
  • 599K Mortgages, Homes & Bills
  • 176.9K Life & Family
  • 257.4K Travel & Transport
  • 1.5M Hobbies & Leisure
  • 16.1K Discuss & Feedback
  • 37.6K Read-Only Boards

Is this how you want to be seen?

We see you are using a default avatar. It takes only a few seconds to pick a picture.