NTK from Private Road unloading - POPLA decisions now in.

Coupon-mad

You should have left the service address as yours, which was a stable address with older people who read their post daily.

Especially having received a LBC in October. The Claim Form was bound to come. Oh dear.

Does he have low savings / no income and might qualify for help with fees?  Otherwise the fee to apply (not guaranteed) to set aside the CCJ is £303.

But he won't get that back AND I think it's risky.

He could get his defence and application refused by a Judge. The CCJ is not 'frozen', it goes ahead (despite an application being in) and ruins his credit rating next month - and he could end up with no credit for six years.

I wouldn't do that to a young person about to start their career in the coming years. So sorry.

Coupon-mad

ParkerstNick said:

Here's one which is a bit different from the shopping/hospitals/stations scenarios.

A couple of weeks ago we completed on the purchase of a ground floor flat in a new-build block. There is no parking provision with the flat.

The block is on a main road, but pedestrian and vehicle access to the block is down a cul-de-sac side road. I assumed this side road was a public road. Have since checked with Council who say it is private and unadopted. There are double yellow lines on the flats' side of the road and opposite is a small estate of light industrial units, each with a narrow frontage with BPA no parking notices on the buildings. There are no road markings on the industrial estate side of the road.

So we arranged to pick up the keys at the flat on a Friday mid-afternoon and we had a newly-delivered heavy double mattress in the car so I stopped opposite the flat in front of one of the industrial units that looked empty, or at least closed during covid. One of the first things I asked during the handover from the developer's rep was about the parking in the road. She explained that the industrial units controlled the parking at all times (incl. evenings and weekends), that there was a camera up on a pole on the end of the units, which I hadn't spotted, but that they generally allowed about half an hour without ticketing. We were there for 30-40 minutes, and did not get a ticket.

We had further large items to deliver - double bed frame on car roof, chest of drawers. shelving units etc, so, attempting to be considerate, we waited until that evening when the units were closed and not using the road, and returned and stopped on the yellow lines directly outside the flat. ( I know the yellow lines don't mean much, but do they imply the signage on the other side of the road?)

We unloaded, taking just 12 mins and then reparked the car out on the main road.

PPC is Euro Car Parks.

Thanks for the link, seems pretty conclusive:

"I think in the end this was agreed. A milkman leaving his float to carry bottles to the flat would not be “parked”. Nor would a postman delivering letters, a wine merchant delivering a case of wine, and nor, I am satisfied, a retailer’s van, or indeed the appellant, unloading an awkward piece of furniture. Any other approach would leave life in the block of flats close to unworkable, a consideration which those instructing Miss Fenwick seemed reluctant to accept. I am quite satisfied, and I find as a fact, that while the appellant’s car had been stationary for more than a minute and without its driver for the same period (whatever precisely it was), while she carried in her desk, it was not “parked”"

However the circumstances are exactly like Jopson v Homeguard... and you were residents, so there is a potentially winnable defence.

Up to him.

ParkerstNick

If it was up to me I'd carry on, but he will probably re-mortgage next year so I think we need to just settle it.

Sincere thanks to everyone who's contributed invaluable help on this over the years.