Letter of claim from bwlegal

KeithP

phoenixfreespirit wrote: »

Hi Keith P
Thank you for your reply
Unfortunately the defence in link you posted isn't applicable as it was not a pay and display car park.
It was residential parking with no proof of contract which was the only point of access to the disabled entrance to the library, which had to be used because the disabled parking space was taken in 2014.

Oh, I wasn't warranting that the Defence was applicable - just that is the one that IamEmanresu was referring to.

But surely you can see that a Defence needn't be anywhere as long as your draft?

System

Is this pic of any use? It clearly shows that the place the car was parked is private. It also shows a blue sign on the right that only residents could park there. There are also PPS signs on the wall which though not that visible, should have been checked by anyone parking in that area.

The other issue is whether the owners of the private parking were under any obligation to provide a space to library users if the space was occupied.

Alternatively, if the library didn't hire PPS what point is the EA approach in this matter.

Seems to be a simple case of not seeing the signs due to mind being elsewhere. And the ranting / flailing about is hiding the key defence point.

A judge may offer you sympathy but he/she is bound by the facts of the case. The facts appear to be the driver shouldn't have parked there. The defence is they were not paying attention due to domestic issues.

phoenixfreespirit

Thank you Quentin, KeithP, IamEmanerasu for your input although I understood cm was not on holiday.
I appreciate all your help although I am now feeling extremely anxious and pessimistic about this.
The disabled entrance can be seen at the rear of the photo and there is no other way to access the library if you are disabled.
I know it is too long and have removed EA ref and edited other points on advice from CM on Pepipoo. (PPS have no contract with the Library ~ I have asked)
The council state no non business rates are paid for the postcode which is residential flats, so questioning contract.
I am also working on point 4.
I will not pay these lowlife whatever happens even if it now seems I will just have to have a ccj.

System

The issue will simply be who was driving. If it is not you then say so.If it was you, then you have to explain why you missed the three signs in a short space.

There is absolutely no evidence that the parking spaces belonged to the Library. If the Library ones were full then parking in a resident's spot (as that is what it looks like) is the issue. And it would appear a resident took issue with it.

nosferatu1001

Its a holiday from posting...

Bear in mind if they do obtain a CCJ they have ways to enforce it that dont rely on your cooperation..

System

Read page 3

https://new.devon.gov.uk/libraryreview/files/2014/09/Teignmouth-information-pack.pdf

The library has one disabled parking bay; otherwise library users need to use the
nearby public car parks.

phoenixfreespirit

All very well and good however my mother had only been out of hospital 2 days. She had no wheelchair, was still weak, extremely slow and unsteady on her feet and reliant on a frame and assistance, especially while out of doors. She insisted on visiting the library to try to assert her independence and overcome her fears after having broken her hip falling out of a car. She was deaf and read a book a day so wanted to chose her own Library books. The family were all leaving the following day so this was the only opportunity for her to do so.
There would have been no way of getting her from the nearest car park (0.3 miles away) to the Library. The front entrance of the Library which although it is picture with a ramp has a very difficult and lengthy approach including crossing a busy main road which my mother would not have been able to manage.
I know I cannot put all this in the defence but all this is heartbreaking for me as while the family all wish we had managed to persuade her not to go due to this scummy PCN; it was the one thing she did which helped her regain her confidence to walk outside again.
I really do not want a CCJ but do not think these scumbags should profit from this or even be allowed to operate their scuzzy schemes.

System

The scumbags were protecting the resident's right to using their own space. Did the driver perhaps stop and ask if they could use a space and explain the above?

Who was driving as your mother's condition is immaterial in the main. What a judge will want to decide is whether the Vine test was met. That test is whether a driver should have known to check the signs. There is plenty of indication that there was sufficient notice to look for signs.

The second issue is are the signs capable of offering a contract? That is more likely to be a point you can argue on behalf of the driver - or as the driver if you were driving.

Keep all the mother stuff out of it, as it simply comes down to the signs and their paperwork

phoenixfreespirit

Thanks IamEmanresu
I can only assume there was no one to hand to ask although there obviously must have been someone watching whose response to the situation was to call PPS :huh:. Much as I respect protecting residential parking, it would not have been my response in that situation (I would have offered to help!). The car park at the time was shown in their photos to be virtually empty and the space would have been used for 1/2 hour max, so would not have caused anyone any inconvenience.
While I realise all this is dependent on legalese as far as I am concerned in this case 'the law is an !!!'!
I am now even more confused as the main defence I have been advised to follow by CM so far has been my mother's disability as that is the only reason the car was parked there.
I have just posted all signs, legal arguments and correspondence so far on Pepipoo. Where Bwlegal's confusing correspondence doesn't seem to be helping.
I am now going to eat my breakfast while my head explodes! :eek:
I apologise if I have wasted everyone's time, thank you all very much for your all your help, I really do appreciate it.

Justice13075

Any update?