I'm going to court, help please.

Geeno123_2

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.

Redx

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)

Coupon-mad

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.

Geeno123_2

Thank you both, I'll do my best.

The parking firm is Parking and Property Management Limited.

:-)

Coupon-mad

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.

The_Deep

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.