Letter of claim over historic parking charge

KennyMc157

Yeah, didn't think so. I no longer have the car, so who knows? Moot now anyway. Looking at the pictures of my car I do feel that i have a case regarding inadequate signage. I have stated my case regarding this in part three of the defence - should I leave the rest of it in in its entirety?

Redx

KennyMc157 said:

Just formulating my defence and I've noticed that on every piece of correspondence they have sent me, they have mis-spelt my name. Straw clutching here - but I don't suppose this is grounds for the thing to be thrown out is it?

you can change that on the AOS AFAIK !!

as long as its clear they meant you, small errors wont matter, if the correct person is in the dock

but definitely ensure that the V5c is correct and up to date

KennyMc157

Looking at the pictures from the SAR of my car, I do feel that I have a case regarding inadequate signage. I have stated my case regarding this in part three of the defence - should I leave the rest of it in in its entirety?

Le_Kirk

KennyMc157 said:

Looking at the pictures from the SAR of my car, I do feel that I have a case regarding inadequate signage. I have stated my case regarding this in part three of the defence - should I leave the rest of it in in its entirety?

The rest of what?  If you mean the rest of the template defence, then yes.  If you have different points regarding signage, it might be better to keep those points with the standard points about signage.  Makes for better continuity.

D_P_Dance

You are only "guillty" if a judge says you are.  The claim could easily fail, (many do),  because they have failed to follow the law  Have you complained to your MP?  

KennyMc157

I've little confidence in my MP tbh, so I'm avoiding that route, but yes you're right - until a judge says otherwise, I am not guilty of anything. I've noticed on the pictures that there was a lack of signage and google maps shows that since I was ticketed, the wall next to where I was parked now bears a large notice stipulating the parking restrictions. I am hopeful this is my 'smoking gun', but I imagine I'm probably being a bit naieve in this thinking. The original picture shows a sign partially hidden behind a drainpipe and one in the distance - both of these were in front of businesses, who had marked parking bays. I was parked at the kerb, no yellow lines, no parking bay, with a large brick wall to my side - totally unadorned. The business to my rear had parking bays, but there were no signs on their front and anyway I was well past that (The business is no longer there). I was not taking up any businesses allotted spaces and was not causing an obstruction. This is going to be the basis of my defence - that the signage was inadequate, that to all intents and purposes the signs were positioned at the front of business premesis to stop people taking up customer and staff spaces. The side approach roads were not posted with signs, so the presumption that the restrictions did not apply there, was a natural and valid one - with pictures illustrating the then and now signage.

I am more than happy to be put right if some or all of this comes across as tosh.

Coupon-mad

Doesn't sound like tosh.  Unclear signs is a major part of every PPC case defence, pretty much.

KennyMc157

Thank you - I guess I am just fishing for reassurance.

KennyMc157

I now have my defence written and ready to send. I have 8 photographs which I am presenting as evidence of inadequate signage, do I send these with the defence? If so, what is the difference between the defence and the witness statements & evidence to be provided once a hearing date is received? My witness statement will be more or less the same as the evidence statement I have written - I can't see my having nything to add to that I am submitting in my defence. Am I reading this wrong?

KeithP

KennyMc157 said:

I now have my defence written and ready to send. I have 8 photographs which I am presenting as evidence of inadequate signage, do I send these with the defence? If so, what is the difference between the defence and the witness statements & evidence to be provided once a hearing date is received? My witness statement will be more or less the same as the evidence statement I have written - I can't see my having nything to add to that I am submitting in my defence. Am I reading this wrong?

Nothing gets sent with a Defence.
Those pictures you have are evidence that accompanies your Witness Statement.

Your Defence is not 'the evidence statement you have written'.

You Defence consists of legal arguments.
Your Witness Statement will explain what happened and will be evidenced by your... err... evidence.

This is explained in the second post of the NEWBIES thread.

Whilst it is good that you are working on this now, and asking questions, you still have two weeks to file a Defence. No great rush.