PCN for not parking in designated bay

Fruitcake

Where did the alleged event occur? It may have cropped up here before.

hoggy26

Hi Fruit cake

I did do a quick search on the forum with the location name but nothing came back.

It's dockside outlet center in Kent.

hoggy26

Actually scrub that, I've just found one of a guy parking in a coach bay.

Will have a read now

hoggy26

Ok so this is my first draft, any constructive comments or suggestions would be greatly appreciated.

1. It is admitted that the defendant was the registered keeper and driver of the vehicle in question.

2. The defendant was unable to park in the multi story carpark due to his vehicle being over height and therefore was forced to use the open air section. At the time no spaces were available so he parked in a section that would cause no obstruction to both vehicles or pedestrians.

3. The signs around the FREE to use car park do not state alternative parking sites nor are they prominent and do not state clearly that a charge would be incurred if not completely within a marked bay.   

D_P_Dance

IMO that would fail at the first hurdle. 

If the vehicle was over the permitted height it is likely that it would damage the structure of the building if it entered.   Why should the signs point out places where tall vehicle could park?  You need to construct an appeal basesd on legal atguments 

What do others think?

hoggy26

D_P_Dance
I guess I was trying to high light I had to park in the open air section and so there for had no other option.
(There are no height limits in that car park)

Should I delete that part and focus on the fact the signs aren't prominent?

D_P_Dance

Indeed, that is what the newbies advises, i trust that you have read them?

Coupon-mad

Delete this:

At the time no spaces were available.  

That would be walking straight into the counter argument 'then you should have left and returned later, or waited for a space.'

And these points came up as 1, 2, 3 but can I check you are using the forum defence template and they will in fact be para 2 onwards? 

1505grandad

And add "but liability is denied" at the end of the first sentence.

hoggy26

Thanks for the advice.
Yes I will be using the template on my final draft but for some reason it won't allow me to delete the number 1 on my phone.

Does this section make a huge difference or is it just a bit of lip service before the main event i.e. the rest of the template?

I have read the newbies section but I'm a slow reader and after 4/5 hours saturation had occurred so I sincerely apologise if I've missed something, as I'm sure it's frustrating for you guys to keep repeating yourselves to people like me.

1. 
   

2. It is admitted that the defendant was the registered keeper and driver of the vehicle in question.
   

3. The signs around the FREE to use car park are not prominent and do not state clearly that a charge would be incurred if not completely within a marked bay.