County Court Claim For for Parking ticket, advice

Coupon-mad

FlyGuyRM, I would remove #5.

I did a late edit on point #1 which now looks like this (different from the one you had):

1. The facts are that the vehicle, registration XXXX, of which the defendant is the registered keeper, had briefly stopped on the material date in an unmarked area of the residential estate and had express permission from the tenant of XXXXXX to park drop off and help to unload the tenant's belongings and child. At that location, it was common courtesy and practice among residents to opt not obstruct any bay, when merely collecting or dropping off a passenger for a matter of minutes.

Quentin

@OP


See if you can pm KeithP regarding editing his quote in his #13.

FlyGuyRM

@Quentin, noted. Thanks


@Coupon-Mad. Thanks your late edit. I will remove para 5 as mentioned.


So I have been back to the location in question again and they have now put double yellow lines down. I suspect they may have told to do so due to lack of signage.

Coupon-mad

Even better!

Add it to your defence that the Defendant has 'before and after' photos as evidence to show that the area was unmarked and has now been marked with double yellows (which ironically, still allows for loading/unloading and assisted boarding/alighting, under the accepted meaning of a DYL in Britain). And that the D will use these when filing the Witness Statement, as evidence that the C must have accepted that their signage was inadequate.

B789

I think there is an editing mistake in the posted defence (and in the quoted/amended one by C-M):

...is the registered keeper, had briefly stopped was parked on the material date...

Coupon-mad

Good spot! The original had 'was parked' with a strike out that didn't then copy.

FlyGuyRM

Thanks for the spot @B789


@Coupon-Mad. Do you think it would be better to keep the double yellow line point for an oral defence if this case will inevitably end up going to court. Or do you think that based on the point, the defence will more likely be upheld?

Umkomaas

You can't bring up anything at a hearing by way of 'ambush' that hasn't been covered previously in written submissions.

FlyGuyRM

Cheers I have added the point in. My defence is going off today. Thanks for the support.


I will be back on the thread to update on how the case is progressing.

FlyGuyRM

Afternoon All,

So I have a hearing date which is this Friday 8th March 2019. UKCPM have stated through Gladstone Solicitors that they are unlikely to attend.

They have attempted to rebuff my defence by saying that;

1) Even if I had been given permission to park by the resident/tenant of the address I attended, I should have contacted UKCPM to confirm.

2) Still claiming that it is private land so regulations that apply on yellow lines are different on Private land. (But they have not addressed the fact that there were no yellow lines when I parked in the location but have since been marked).

3) Insufficient signage. They have sent the court a plan of the area with all the signage points marked. But no photo with my car close to any signage.

4) That the enforcement was introduced to avoid motorists causing obstructions. (No obstructions were being caused by my vehicle was parked)

5) They have stated case VCS v HM Revenue & Customs (2013) as evidence that UKCPM does not have show they have a right to do what they have promised.

They have sent across very blurry images, clearly taken at night. Which show that my vehicle, was not parked next to any signage, nor on marked yellow lines, also behind another vehicle parked in the same location.

I would appreciate assistance with my oral defence on Friday.

Thanks

RM