£860 Private Parking County Claim - Urgent Help!

Jonathon365

No I was stopping to collect and then load books.

The car was not left unattended for 10 minutes whilst the books were collected. This is not the same as parking.

Quentin

Don't build your hopes on redefining "parking". From what you say the car was parked

beamerguy

Jonathon365 wrote: »

No I was stopping to collect and then load books.

The car was not left unattended for 10 minutes whilst the books were collected. This is not the same as parking.

SORRY ... you were parked

Umkomaas

The Jopson v Homeguard case might help in terms of loading not being parking.

CS038 might be worth reading (if you haven’t already done so) and taking along with you copies of the transcript.

http://www.parking-prankster.com/more-case-law.html

Jonathon365

Well if I was parked -

University parking policy section 20 states that the car be be parked for an unspecified duration of time providing it is not left unattended for longer than 10 minutes.

The vehicle in my case was not left for longer than 10 minutes as it was revisited whilst I loaded the books I had collected.

Does that make sense?

Jonathon365

Thanks Umkomaas.

I reference Johnson in support of the loading.

To be honest, my strongest defence relies on the University policy that I've set out above^

Jonathon365

That's fine, if the judge determines that I was indeed parked, then surely I am in full compliance of the parking policy? The claimant has no evidence to suggest otherwise

Coupon-mad

Jonathon365 wrote: »

Thanks Umkomaas.

I reference Johnson in support of the loading.

To be honest, my strongest defence relies on the University policy that I've set out above^

Agreed. Make sure you don't say 'Johnson case', this is the lady in question:

http://www.miltonkeynes.co.uk/news/milton-keynes-woman-secures-landmark-victory-for-flat-tenants-in-parking-dispute-1-7459066

It's JOPSON v HomeGuard, have the transcript with you, and if they Judge says 'oh that's just a small claim and not a precedent' then you should retort politely that it was a case heard on appeal, and is relevant decision by esteemed/established Senior Circuit Judge HHJ Charles Harris QC that is persuasive in any case turning on similar facts about loading/unloading for a few minutes not being parking.

Your case is about daily life at a University (not flats) but is 'on all fours' with that case in so many ways, and you even have the University policy backing up your contention that brief stops for ten minutes are allowed, not penalised.

In fact it's the only case of its type re private parking, where the Judge went out of his way to define parking and to show that the definition of 'parking' under any licence or contract CANNOT include 'minor vicissitudes' (his words, be familiar with it) like loading/delivering bulky items (in your case dropping books back, or picking them up, pre-ordered - NOT using the library to browse or work!!)

Am I correct that if the claimant brings new evidence not submitted in the WS, I can object to it being used?

I'm also correct to raise the fact that the actual witness is not present (unlikely to be) so how can the representative answer my questions?

Yes and yes.

Add 'even' so it's an 'even if' defence and your strongest point is the University policy, which you abided by and allows short stops for loading or dropping off, as is normal at a University:

EVEN if the judge determines that I was indeed parked, then surely I am in full compliance of the parking policy. The claimant has no evidence to suggest otherwise

System

Agreed. Make sure you don't say 'Johnson case', this is the lady in question:

http://www.miltonkeynes.co.uk/news/milton-keynes-woman-secures-landmark-victory-for-flat-tenants-in-parking-dispute-1-7459066

It's JOPSON v HomeGuard, have the transcript with you, and if they Judge says 'oh that's just a small claim and not a precedent' then you should retort politely that it was a case heard on appeal, and is relevant decision by esteemed/established Senior Circuit Judge HHJ Charles Harris QC that is persuasive in any case turning on similar facts about loading/unloading for a few minutes not being parking.

Take a note about Coupon's advice and have 3 copies of this with you.

If you are at a court like Clerkenwell, they know the score there but take care when in the waiting area as they'll come up and try to rattle you. Be pleasant and ask them if they are a practicing solicitor or a freelance with no Rights of Audience.

Jonathon365

Thank you both! I'll let you know how I get on right away!