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Fluttering ticket court defence

13

Comments

  • COH
    COH Posts: 23 Forumite
    Fruitcake wrote: »
    Defence, not Defence Statement.

    You could include the advertising consent bit as a comment, I do not believe they have it, I put them to strict proof that they do.

    You don't need to know who owns the land to ask the council planning department if consent has been approved.

    It is very bvery very long, and a lot of it is narrative more suited to a witness statmenet
    Have yo uhad a look at the example defence in post 2, to see how a concise defence that flows through from argument to argument, can be written?

    Thank you Fruitcake I will add the advertising consent back in.

    Can anyone advise me which bit of the narrative I should remove to make it all shorter?
  • nosferatu1001
    nosferatu1001 Posts: 12,961 Forumite
    10,000 Posts Third Anniversary Name Dropper
    Well not reallly
    Defence is where you argue the legal defnece to the allegation.
    Witness Statement is where you write the facts of the day.
  • COH
    COH Posts: 23 Forumite
    Well not reallly
    Defence is where you argue the legal defnece to the allegation.
    Witness Statement is where you write the facts of the day.

    Cn you give me a clue as to which of my defence is more "facts of the day" than legal defence?
  • COH
    COH Posts: 23 Forumite
    Fruitcake wrote: »
    I know you want to get this away today, but I would wait and see what others say.

    Thank you everyone for your help with this. I have decided to go ahead and submit. I am at a conference all over the weekend and Monday so felt too nervous to leave it and potentially miss the deadline.

    I will keep you posted on what happens next.
  • broughsupn
    broughsupn Posts: 38 Forumite
    edited 24 January 2019 at 12:16AM
    Hi

    Is this the potholed carpark opposite the wolves ground, if so I am fighting a very similar case with gladstones, relating to a parking ticket from Nov 2017.

    Re advice from Claxtome

    It is probably worth checking on the council website to see the current state of affairs with this.
    I am not saying remove this paragraph just suggesting you check on the current planning applications for the site in case you need this info later..

    I have tried contacting him (but his mailbox is full), as I have no knowledge of how to check for sign planning permission on the council website, are you able to help.

    Thanks

    Reggie
    Thanks

    Reggie
  • COH
    COH Posts: 23 Forumite
    edited 24 January 2019 at 4:51PM
    broughsupn wrote: »
    Hi

    Is this the potholed carpark opposite the wolves ground, if so I am fighting a very similar case with gladstones, relating to a parking ticket from Nov 2017.

    Re advice from Claxtome

    It is probably worth checking on the council website to see the current state of affairs with this.
    I am not saying remove this paragraph just suggesting you check on the current planning applications for the site in case you need this info later..

    I have tried contacting him (but his mailbox is full), as I have no knowledge of how to check for sign planning permission on the council website, are you able to help.

    Thanks

    Reggie

    Hi yes its the same carpark. I haven't yet pursued about advertising consent. I took Fruitcakes advice to state that I don't believe they had consent at the time of the charge and put it to them to prove they did. As mine is a fluttering ticket defence the signage argument is a bit of a side issue.

    Im currently waiting for the questionnnaire from the court. I also contacted my MP - thats worth doing depending on your reason for defence.

    Good luck
  • broughsupn
    broughsupn Posts: 38 Forumite
    edited 24 January 2019 at 11:01AM
    COH wrote: »
    Hi yes its the same carpark. I haven't yet pursued about planning permission. I took Fruitcakes advice to state that I don't believe they had planning permission at the time of the charge and put it to them to prove they did. As mine is a fluttering ticket defence the planning permission argument is a bit of a side issue.

    Im currently waiting for the questionnnaire from the court. I also contacted my MP - thats worth doing depending on your reason for defence.

    Good luck

    Thanks for getting back, fully intend contacting my MP, hopefully you are local if so your MP (male or female?) will be getting another letter about the same car park. Please post up what happens.

    Don't let them grind you down ;-)
    Thanks

    Reggie
  • nosferatu1001
    nosferatu1001 Posts: 12,961 Forumite
    10,000 Posts Third Anniversary Name Dropper
    Planning permission is irreevant
    What matters is ADVERTISING CONSENT, as not having this is a criminal offence that cannot be undone by getting permission later on.
    Then you can make an ex turpi argument.
  • COH
    COH Posts: 23 Forumite
    Planning permission is irreevant
    What matters is ADVERTISING CONSENT, as not having this is a criminal offence that cannot be undone by getting permission later on.
    Then you can make an ex turpi argument.

    Knew someone would pick me up on this. sorry me being lazy and not checking my wording - have corrected my comment now
  • broughsupn
    broughsupn Posts: 38 Forumite
    COH wrote: »
    Thank you everyone for your help with this. I have decided to go ahead and submit. I am at a conference all over the weekend and Monday so felt too nervous to leave it and potentially miss the deadline.

    I will keep you posted on what happens next.

    Hi,

    Any update on what happened next?
    Thanks

    Reggie
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