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County Court Defence Advice - failure to park in a 'marked' bay

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  • Le_Kirk
    Le_Kirk Posts: 24,587 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    Well done! Anyone who doubts the use of a properly ordered, tabbed and referenced ring binder should read your day in court and see how it would work for them.
  • Umkomaas wrote: »
    Nice result, well done. Great report.




    Did the Judge believe it was you who parked? Did he question you on whether you were the driver?


    I really like that. :)

    The judge was saying that I'd parked / I'd bought a ticket etc but as soon as I pointed out I did not know who was driving he was right on it and for the rest of the case referred to me as the keeper. He also then highlighted that the driver hadn't been established. I stressed that I did not know who was driving as it was nearly 2 years ago and my boyfriend and sister use my car.

    One point - the rep asked me how many times I'd parked there. I said several times. He then tried to say that I'd frequently used the car park so I knew the layout and should be familiar with the signs.

    I retorted thatthis was immaterial as we didn't know who was driving, that I'd used the car park a FEW TIMES and certainly would never use it again, which made the judge smile.
  • Umkomaas
    Umkomaas Posts: 43,379 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    One point - the rep asked me how many times I'd parked there. I said several times. He then tried to say that I'd frequently used the car park so I knew the layout and should be familiar with the signs.

    I retorted thatthis was immaterial as we didn't know who was driving, that I'd used the car park a FEW TIMES and certainly would never use it again, which made the judge smile.
    I think you had that rep well and truly sorted! Sounds like the Judge liked your style. :)
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Private Parking Firms - Killing the High Street
  • Snakes_Belly
    Snakes_Belly Posts: 3,704 Forumite
    Seventh Anniversary 1,000 Posts Photogenic Name Dropper
    I have not used the car park since either.

    I'm surprised that there has not been other cases on here that have fallen foul as there are a lot of negative comments on Trip Advisor about the parking at the Travelodge.. They have a very strange set up. The permits are only from 6pm to 8am. A visitor has to get a ticket before 8am otherwise they will get a parking charge. Apparently the parking attendant lies in wait just before 8am to catch out visitors who have not complied with the terms and conditions.

    With regard to the marked bays it does not look as if they have bothered to repaint them since they took over the site. The customer service is zero because good customer service would mean that drivers would be able to comply and that would never do.

    Nolite te bast--des carborundorum.
  • Snakes_Belly
    Snakes_Belly Posts: 3,704 Forumite
    Seventh Anniversary 1,000 Posts Photogenic Name Dropper

    Ironically I received ANOTHER small claims court set of papers this morning from excel. They're trying to have me for parking in a different bit of the car park in 2016. Argh!!! At least I've already got all the evidence.....
    Originally posted by keep_calm_and_carry_on
    ”Try this:
    https://forums.moneysavingexpert.com/discussion/comment/75892282#Comment_75892282

    You need to get them sanctioned by your local court, if the Judge agrees.

    Reply above is from CM.

    Nolite te bast--des carborundorum.
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