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 QR codes, number plates and reference numbers.
Gladstones court case for parking in own residential bay
Options
Comments
-
So should I add in about the signage or just leave it out
Should I add anything more to the above defence
You need to understand that the signage has no relevance whatsoever.
They could have erected 10-foot high signs, with the terms and conditions painted in dayglo orange, and lit by neon striplights at night.
None of that gets over the central issue that your lease is the primary contract allowing you to park, without the need to have, or to display a permit, or to pay penalties to a third party for non display.
The lease can only be varied by a properly executed Deed of Variation, in writing and signed by both parties. Signage does not constitute such a variation.
End of story.
I have been providing assistance, including Lay Representation at Court hearings (current score: won 57, lost 14), to defendants in parking cases for over 5 years. I have an LLB (Hons) degree, and have a Graduate Diploma in Civil Litigation from CILEx. However, any advice given on these forums by me is NOT formal legal advice, and I accept no liability for its accuracy.0 -
Have you seen these?
http://parking-prankster.blogspot.co.uk/2016/11/residential-parking.html
https://www.parkingcowboys.co.uk/residential-parking/
https://bmpa.zendesk.com/hc/en-us/articles/213801109-Parking-Control-Management-Roboclaim-Residential-site
https://bmpa.zendesk.com/hc/en-us/sections/115000492465-Residential-parking-problemsYou never know how far you can go until you go too far.0 -
Should I put in about the signs or not then
Is there anything I should add to the above defence0 -
Ok I will focus more on the lease thank you
Just finding it difficult to put everything into words0 -
I never thought they would have a case
The pictures clearly show that the part in the window where the permit was has been cropped out0 -
Jillabean
Please also listen to Bargepole, he tends to see these
vermin in court and then spits them out on the floor0 -
in most of these cases the permit is irrelevant as the lease is what gives you permission to park.
The lease is a legal document, the permit is a gesture of goodwill.You never know how far you can go until you go too far.0 -
Thank you everyone for all your advice so far. I need to submit this tomorrow, any other advice of what to write will be really greatly appreciated.0
-
Should I put in about the signs or not then
Is there anything I should add to the above defence
Which part of "the signage has no relevance whatsoever" did you not understand?
If you start talking about signage, you open the door for the other side's advocate, and the Judge, to start making arguments about whether or not the signs were clearly displayed.
None of that matters.
I have been providing assistance, including Lay Representation at Court hearings (current score: won 57, lost 14), to defendants in parking cases for over 5 years. I have an LLB (Hons) degree, and have a Graduate Diploma in Civil Litigation from CILEx. However, any advice given on these forums by me is NOT formal legal advice, and I accept no liability for its accuracy.0 -
Which part of "the signage has no relevance whatsoever" did you not understand?
If you start talking about signage, you open the door for the other side's advocate, and the Judge, to start making arguments about whether or not the signs were clearly displayed.
None of that matters.
sorry I didn't see the reply until after, still getting used to this site.0
This discussion has been closed.
Categories
- All Categories
- 343.4K Banking & Borrowing
- 250.2K Reduce Debt & Boost Income
- 449.8K Spending & Discounts
- 235.6K Work, Benefits & Business
- 608.5K Mortgages, Homes & Bills
- 173.2K Life & Family
- 248.1K Travel & Transport
- 1.5M Hobbies & Leisure
- 15.9K Discuss & Feedback
- 15.1K Coronavirus Support Boards