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Draft Defence CEL

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Comments

  • Redx said:
    read my extra comments now I have reviewed both threads again and tried to ascertain what your core points are, as you have just mentioned above

    if the signage was changed and poor , then use the BPA CoP to define it, use the rules in that CoP in your defence to convince a judge that it breaks Lord Dennings red hand rule (say so)

    now you are telling us more, we can then point you at the right points and what to say (so dont tell me it was obvious in your previous thread or the first 2 pages of this thread, lol )

    the revelation has only come to me in the last twenty minutes or so , because it would have been your popla appeal 12 months ago, so is relevant in court as well

    so Lord Dennings red hand rule , plus last years BPA CoP , plus your original draft , paragraphed and enhanced
    Thanks mate I really appreciate it 
  • Redx
    Redx Posts: 38,084 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper Photogenic
    edited 28 May 2021 at 12:16AM
    repost your new draft in that other thread as it will supercede the older one you posted earlier, then it can be honed until its as good as it gets

    BPA CoP 2020 V8 clause 19.10 covers new parking conditions etc, read it , use it

    19.2 & 19.3 are also useful for you

    and do not forget to mention they failed Lord Dennings red hand rule

    once you answered my simple question, it was easier to see what was valid , so valid for a judge too

    had this been last years popla appeal, you would have used KEEPER , been silent on who was driving , and used the same arguments as now too , so would have been more and better ammo


  • Redx said:
    repost your new draft in that other thread as it will supercede the older one you posted earlier, then it can be honed until its as good as it gets

    BPA CoP 2020 V8 clause 19.10 covers new parking conditions etc, read it , use it

    19.2 & 19.3 are also useful for you

    and do not forget to mention they failed Lord Dennings red hand rule

    once you answered my simple question, it was easier to see what was valid , so valid for a judge too

    had this been last years popla appeal, you would have used KEEPER , been silent on who was driving , and used the same arguments as now too , so would have been more and better ammo


    Yeah it’s a life lesson I guess lol. I’ve had a good run ignoring at least 1 per year since 2012 to only be ending up in court now I suppose. I am correct in assuming the red hand rule would pertain to the car park being free up until the 8/11/19 (non payment parking infringement on the 23/1/20?) and this not being ‘enthusiastically’ highlighted?
  • Le_Kirk
    Le_Kirk Posts: 26,151 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    Yeah it’s a life lesson I guess lol. I’ve had a good run ignoring at least 1 per year since 2012 to only be ending up in court now I suppose. I am correct in assuming the red hand rule would pertain to the car park being free up until the 8/11/19 (non payment parking infringement on the 23/1/20?) and this not being ‘enthusiastically’ highlighted?
    Put "Lord Denning's Red Hand Rule" into Google and you will see what it means.
  • Le_Kirk said:
    Yeah it’s a life lesson I guess lol. I’ve had a good run ignoring at least 1 per year since 2012 to only be ending up in court now I suppose. I am correct in assuming the red hand rule would pertain to the car park being free up until the 8/11/19 (non payment parking infringement on the 23/1/20?) and this not being ‘enthusiastically’ highlighted?
    Put "Lord Denning's Red Hand Rule" into Google and you will see what it means.
    Please see my original thread for my updated defence
  • Redx
    Redx Posts: 38,084 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper Photogenic
    edited 28 May 2021 at 10:44AM
    Redx said:
    repost your new draft in that other thread as it will supercede the older one you posted earlier, then it can be honed until its as good as it gets

    BPA CoP 2020 V8 clause 19.10 covers new parking conditions etc, read it , use it

    19.2 & 19.3 are also useful for you

    and do not forget to mention they failed Lord Dennings red hand rule

    once you answered my simple question, it was easier to see what was valid , so valid for a judge too

    had this been last years popla appeal, you would have used KEEPER , been silent on who was driving , and used the same arguments as now too , so would have been more and better ammo


    Yeah it’s a life lesson I guess lol. I’ve had a good run ignoring at least 1 per year since 2012 to only be ending up in court now I suppose. I am correct in assuming the red hand rule would pertain to the car park being free up until the 8/11/19 (non payment parking infringement on the 23/1/20?) and this not being ‘enthusiastically’ highlighted?
    BPA CoP clause 19.10 covers that bit , not Lord Dennings red hand rule !!

    The lord Denning rule covers all signage on the site , all the time , at any time , so do what Mr Kirk said , Google it , a good engineer never assumes , they check and double check the facts , the rules , the laws etc

    In simple terms , the notices should have been in your face , no room for doubt , as good as the hazard warnings on electricity sub stations , like danger of death , in large writing ith yellow and black hazard tape. Especially new rules requiring payment !!

    You do know that the word assume makes an a$$ of u & me ? 😁😁😋😋😋

    Ps , we are currently seeing court claims dating back to 2015 , under the 6 year deadline statute of the Limitations Act 1980 , so never say never


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