Letter of claim DCBL

satta_jodi

K thanks for information 

Charlsg17

If you look at the photos, in the background you can see other cars parked. And as you mentioned about the different colours to indicate parking? Would maybe the space behind me that is different colours to where I am parked, is that what they are classing as a marked bay. Just worried I won’t get anywhere?

Fruitcake

The sign shows an image of a car between two lines. Your car was parked between two lines, as well as at least one to the rear, made up of concrete strips. The one to your car's offside is about 130mm wide, and the car opposite appears to be parked adjacent to a similar concrete strip. That means at least one more person believed these were bay markings, and on the balance of probabilities, that is indeed what they were, and that is what the man on the Clapham omnibus would believe.

You only need to convince a judge, irrespective of what the claimant says. All of this can be expanded upon at the witness statement/exhibits stage, but I believe you have a good case because the PPC's own images indicate that the car was parked between two clearly defined lines exactly as shown on their own sign, therefore there was no breach of contract terms.

Fruitcake

Charlsg17 said:

Fruitcake said:

Can you get your own photos of the site and signage, or look on google streetview to see if there are any historic images that would help you?
An image showing a concrete marker strip in front of where the car was stopped if one exists would be really useful.

Unfortunately I wouldn’t be able to take my own photos, it was years ago when I was at university. I live 4+ hours away now!

I could have a look on Google street view but I can’t even remember the name of the road to be honest.

The NTK should give the location. I can't work out where it is though.

I thought it might have been near the Sainsbury's supermarket near the Uni, as they took over the building when Block and Quick moved to the new superstore near the A12 roundabout, as you can see the B & Q sign in one of the images.

If you tell us the address from the NTK, I'll have a look at GSV later.

Charlsg17

Fruitcake said:

Charlsg17 said:

Fruitcake said:

Can you get your own photos of the site and signage, or look on google streetview to see if there are any historic images that would help you?
An image showing a concrete marker strip in front of where the car was stopped if one exists would be really useful.

Unfortunately I wouldn’t be able to take my own photos, it was years ago when I was at university. I live 4+ hours away now!

I could have a look on Google street view but I can’t even remember the name of the road to be honest.

The NTK should give the location. I can't work out where it is though.

I thought it might have been near the Sainsbury's supermarket near the Uni, as they took over the building when Block and Quick moved to the new superstore near the A12 roundabout, as you can see the B & Q sign in one of the images.

If you tell us the address from the NTK, I'll have a look at GSV later.

From what I can see the address is:

Quayside drive, colne view estate, hythe quay CO2 8GE

appreciate the help!

Coupon-mad

Charlsg17 said:

If you look at the photos, in the background you can see other cars parked. And as you mentioned about the different colours to indicate parking? Would maybe the space behind me that is different colours to where I am parked, is that what they are classing as a marked bay. Just worried I won’t get anywhere?

The Consumer Rights Act 2015 and trite law doctrine of contra proferentem applies.

If it looks like a duck...

Fruitcake

Yer Tiz, with an image capture date of September 2017. The space you used was from under the front of the builder's van to the lamp post, and the parking sign was on the wall forward of your car.




Here it is again with the sign moved to the lamp post, image capture date, April 2019. The only change is the repositioning of the sign, which you could aver was done because its original position was deemed inadequate (or the building owner hand not given permission for their property to be vandalised).



The blobs in the ground are utility meters. If you track along from the 2017 images, you can see that the builder chappy was caught in the act of putting in the metal posts. 

5 Quayside Dr - Google Maps

It should be noted that areas where vehicles must not park had metal posts on the kerbside of the roadway surrounding the area as shown in this image. There are no other indications given on signs or surface markings to denote that the space where your car was parked was nothing other than a marked bay.



It is fair to say therefore that on the balance of probabilities, spaces bounded by concrete strips with no kerbside posts were marked bays, it is reasonable to assume that the man on the Clapham omnibus would agree, and the CRA 2018 supports this. 

 Section 69 of the CRA 2015 says:

69 Contract terms that may have different meanings
(1) If a term in a consumer contract, or a consumer notice, could have different meanings, the meaning that is most favourable to the consumer is to prevail.

Charlsg17

Fruitcake said:

Yer Tiz, with an image capture date of September 2017. The space you used was from under the front of the builder's van to the lamp post, and the parking sign was on the wall forward of your car.




Here it is again with the sign moved to the lamp post, image capture date, April 2019. The only change is the repositioning of the sign, which you could aver was done because its original position was deemed inadequate (or the building owner hand not given permission for their property to be vandalised).



The blobs in the ground are utility meters. If you track along from the 2017 images, you can see that the builder chappy was caught in the act of putting in the metal posts. 

5 Quayside Dr - Google Maps

It should be noted that areas where vehicles must not park had metal posts on the kerbside of the roadway surrounding the area as shown in this image. There are no other indications given on signs or surface markings to denote that the space where your car was parked was nothing other than a marked bay.



It is fair to say therefore that on the balance of probabilities, spaces bounded by concrete strips with no kerbside posts were marked bays, it is reasonable to assume that the man on the Clapham omnibus would agree, and the CRA 2018 supports this. 

 Section 69 of the CRA 2015 says:

69 Contract terms that may have different meanings
(1) If a term in a consumer contract, or a consumer notice, could have different meanings, the meaning that is most favourable to the consumer is to prevail.

Thankyou so much for that really appreciate it! That really helps, so you think leave my template as follows:

The facts as known to the Defendant:

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

3. The Defendant had a haircut appointment, whereby he needed to park his car for a very short period of time outside of the barbers. The Defendant had parked within a marked bay and was clearly within the confines of the markings as stated within the image on the signage. The image on the sign only showed a line either side of a car, which can be clearly seen in the Claimants own images. The images taken by the claimant suggest that the long rectangular pavers/slabs on the drivers side of the car, the thin concrete slabs/pavers behind, the pavement on the passenger side, and the pole at the front showed that the vehicle was in fact clearly parked within a marked bay. Upon returning to his car the Defendant noticed he'd received a Parking charge notice.  He took the PCN back to the barbers and explained the situation to the hairdressers. He was told that many people had received tickets recently and to ignore the ticket. The hairdresser explained that the claimant had no authority. The Defendant questioned the reasoning of not being correctly parked within the bays as explained above. The small signage was not suitable to alert a motorist. The Defendant avers that the parking signage in this matter was, without prejudice to his/her primary defence above, inadequate.

The further details and images you have provided, do I need to save this information for a later date in further proceedings. Or do I need to include any of the detail within the defence?

Thanks again so much for your help! 

Coupon-mad

Save images for witness statement stage.

Charlsg17

Sorry for messaging again, one quick question. I’ve just realised I sent it off as a RTF format, would it be better to convert it to a PDF and resend? Worried they won’t accept the file format?