Napier Parking - Claim Form

KeithP

youngie24 said:

Ok so just to clarify the 10 minute rule doesn’t apply to me ? But I can argue about the unclear signage in the dark and the FACT I was only their for 3 minutes ? 

Why don't you just time yourself reading and understanding the nice clear sign images, and point out that time at the hearing? It will be substantially more than three minutes I bet and that time will of course be extended when trying to read the dirty signs high up on a carpark wall in the dark.

Redx

As well as Wilkinson , the Recorder Cohen judgment is also compelling for removing the additional spurious charges if you lose , irrelevant if you win 😁😁

As mentioned above , although the 10 minutes rule didn't apply , being onsite for only 3 minutes whilst checking the signs is not unreasonable and you left promptly when you realised that parking is not permitted , so the grace period section does apply in that this time must be reasonable , 3 minutes is reasonable , you left so no parking contract was formed or agreed , so the Penalty rule is engaged and the Beavis case ruling applies.

So 15.1 does apply ( but not 15.2 )

Jenni_D

Average reading speed is ~240 words per minute ... how many words are on their signs? Factor also entry and exit time and you can easily reach or exceed 3 minutes.  

youngie24

Jenni_D said:

Average reading speed is ~240 words per minute ... how many words are on their signs? Factor also entry and exit time and you can easily reach or exceed 3 minutes.  

Fantastic .. another one to add ☺

youngie24

Gutted … the case cannot be heard today as there is an issue at the courts … it will be adjourned for a 2 hour slot which is concerning me 🙈 xx 

Coupon-mad

Two hour slot just means they think there is a lot that both sides want to be heard.

Not_A_Hope

No doubt disappointed after building up to the hearing. Look on the bright side. You have more time to prepare, research and thoroughly understand any points of law in your defence and witness statements. If the judge / court looked at the paperwork and  have decided they need to allow 2 hours they are clearly not going to roll over and accept what the PPCs are claiming and that your defence is 'entirely without merit'.

Dont forget at the conclusion of your case if the court finds in your favour to remind the judge of your standard costs i.e. £95 / day. Perhaps they will allow this x2 if you have had to take 2 days off work

youngie24

Coupon-mad said:

Two hour slot just means they think there is a lot that both sides want to be heard.

yes that what i am worried about ☺

youngie24

Not_A_Hope said:

No doubt disappointed after building up to the hearing. Look on the bright side. You have more time to prepare, research and thoroughly understand any points of law in your defence and witness statements. If the judge / court looked at the paperwork and  have decided they need to allow 2 hours they are clearly not going to roll over and accept what the PPCs are claiming and that your defence is 'entirely without merit'.

Dont forget at the conclusion of your case if the court finds in your favour to remind the judge of your standard costs i.e. £95 / day. Perhaps they will allow this x2 if you have had to take 2 days off work

yes a little to say the least .. but your right it does give me more time .. whether I will ever learn all the points of law though is another question .. my brain struggles to digest it ... and i am well out of my league .. but .. I've got this far !!  .. also the claimant has sent a huge amount of papers .. with all their letter etc  

D_P_Dance

A judge earlier this year made these comments

"This signage contains a huge amount of wording, in varying fonts. There are

between 650 ta 700 words, by my rough count. it's well known that the average
reading speed of most adults is aground 200 to 250 words per minute. On the basis
however that this is reading a sign and there are many technical words, it would
probably take an average reader about 3 to 4 minutes to read everything on the
sign. The key part however is found be found some 140 words into the text. It is in the
middle of the sign and it says this, in capitals, then below it is a lower sized font
referring to the £100:"   DJ Harvey