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Defend or pay

1356

Comments

  • go-on-then
    go-on-then Posts: 330 Forumite
    Part of the Furniture 100 Posts Name Dropper Combo Breaker
    You dont appear to have said anything in your defence about the lack of signs etc as you did in your opening post.  Use it.
    It may sound picky but it sounds odd saying ' the vehicle was driven by a number of people in the family '   this implies everyone was in the vehicle driving at the same time!   Better to say something along the lines of several people/ family members are insured to drive the vehicle.  The wording is important.

    I suggest you read over more defences from posters in a similar situation to yours,  it's a common one,  and see what they have to say. 


  • StevenU
    StevenU Posts: 26 Forumite
    Third Anniversary 10 Posts
    Is this ok - 
    The signage on the site is very small and positioned up high and is impossible to read. It is a free car park and it is not obvious there are rules and regulations you are agreeing to when you park there. Picture 1 attached supplied by the claimant shows inadequate signage.
    Also it appears that the area parked in by the defendant has now been cordoned off by painted lines due to the amount of confusion it caused as shown in picture 2 below.

  • Coupon-mad
    Coupon-mad Posts: 155,440 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    If this is defence stage you do not append exhibits or images.  That comes later.

    See the post by @bargepole about court procedures, that you may have missed when you read the NEWBIES thread second post about court stage.  It's in the section under the red heading in capitals (designed to make Newbie posters read it) entitled 'IMPORTANT: KNOW WHAT HAPPENS WHEN'.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • StevenU
    StevenU Posts: 26 Forumite
    Third Anniversary 10 Posts
    Area was not marked when parked in as shown below.
  • Coupon-mad
    Coupon-mad Posts: 155,440 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 3 January 2022 at 6:26PM
    That is marked as a bay and your car is well outside of it. A judge will see what I see, so this may be difficult for you.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • fisherjim
    fisherjim Posts: 7,111 Forumite
    Part of the Furniture 1,000 Posts Photogenic Name Dropper
    StevenU said:
    Area was not marked when parked in as shown below.

    Quite clearly the vehicle is well outside the bay, which IS marked, you are clutching at straws I'm afraid, and parking over their attempt at pedestrian crossing markings makes it worse.
    If I were judging this I would say you were purposely trying to protect your nice looking car from being dinged by others doors on the right.
  • StevenU
    StevenU Posts: 26 Forumite
    Third Anniversary 10 Posts
    It’s not a bay hence the confusion 
  • go-on-then
    go-on-then Posts: 330 Forumite
    Part of the Furniture 100 Posts Name Dropper Combo Breaker
    The red bricks might say they are a bay ? 
  • Redx
    Redx Posts: 38,084 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper Photogenic
    edited 3 January 2022 at 8:22PM
    Plus if it's not in a bay it certainly broke any rules that say it should be wholly within a bay ! So either way it's no legal argument for Court ( it's either fully within a marked bay , or it's not , they say not ! )

    It should be in a marked bay like the one to the right !
  • Coupon-mad
    Coupon-mad Posts: 155,440 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 3 January 2022 at 8:27PM
    It is/was a bay.  The red bricks show it was intended to be one originally.

    Had you stayed inside them you'd have been OK but the photo looks like it's someone who has parked selfishly because they don't want a car door hitting their piece of branded metal (not saying that was the thought process but that's how it looks, a driver who thinks their car is more precious than the next car). That's what a Judge might think, too.

    If it's not a bay then parking there thinking it's not a bay but 'I'll just stick the car here on the end anyway' is worse...

    ...however, this should be in the defence:
    it appears that the area parked in by the defendant has now been cordoned off by painted lines due to the amount of confusion it caused 


    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
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