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LETTER OF CLAIM - Advice please!
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Does the fact that they are stating this public property as private render any litigation nul and void?
The answer is no. Anyone can start litigation but whether it will stand up in court is another matter.
Plymouth is not the only local authority down there that indulges in the suspension of statute for their own interpretation of the laws. Strangely none of the parking operators have so far tested their client's legal view in a court.0 -
I have just found out that the street I parked on IS in fact private property. The street named on the letter of claim is public.
The beavis vs parking eye case effectively wiped out gpeol defences, to my understanding anyway. HOWEVER, the ruling was on 04 November 2015. The supposed date of contravention was 30 October. Can I use gpeol as a defence because the ruling was after the fact??0 -
Is the road maintained at public expense?0
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The actual street that the car was parked in does not seem to have a name as it only has 1 house on it, so it is hard to say. The road that it stems from however is maintained at public expense. Sorry not greatly helpful. I think I might knock on the door of that house and ask what the address is.0
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The beavis vs parking eye case effectively wiped out gpeol defences, to my understanding anyway. HOWEVER, the ruling was on 04 November 2015. The supposed date of contravention was 30 October. Can I use gpeol as a defence because the ruling was after the fact??
Absolutely not, do not even go there!
Your defence would be just like the other ones about private roads that look like public highway; we've seen a few in our time. I remember posting on a thread like this last week where the address was in High Wycombe. The poster won.PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
CLICK at the top of this/any page where it says:
Forum Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD0
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