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UKPC / DCB Legal

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  • Second angle as you can see no markings to say do not park here,   
  • IloveElephants
    IloveElephants Posts: 799 Forumite
    Fifth Anniversary 500 Posts Name Dropper
    edited 28 January 2022 at 5:13PM
    My thread is unmerged and back to how it was, 

    If anyone could see the 2 recent photos I have uploaded and my defence points:

    1. No adequate markings indicating its a parking bay
    2. lack of signage upon entry
    3. The sign should be in front of the parking bays that not in a out of bound part of the carpark 
    4. No grace period 
    5. Paperwork not served from PPC and Debt collection agency, they could have google searched my name and found me on linkedin and made contact since 2018. 

    Please give me some pointers. Thank you. 

    I found this online - De minimis is a Latin expression meaning "pertaining to minimal things", normally in the terms de minimis non curat praetor ("The praetor does not concern himself with trifles") or de minimis non curat lex ("The law does not concern itself with trifles"), a legal doctrine by which a court refuses to consider trifling matters.[1

  • As you can see the vehicle was parked parallel causing no obstruction in front of the small signage board.  
  • KeithP
    KeithP Posts: 41,296 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    As you can see the vehicle was parked parallel causing no obstruction in front of the small signage board.  

    That seems to show that the vehicle was parked with the driver's nose about 6ft from a sign.

    Is that a parking sign? What does it say?
  • Le_Kirk
    Le_Kirk Posts: 24,665 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    On one hand there are no markings to suggest that it is a parking bay; on the other hand you have parked in front of a sign which would indicate (to me anyway) that is is a bay and is part of the parking area, UNLESS of course that sign states do not park here.
  • Le_Kirk said:
    On one hand there are no markings to suggest that it is a parking bay; on the other hand you have parked in front of a sign which would indicate (to me anyway) that is is a bay and is part of the parking area, UNLESS of course that sign states do not park here.
    Thanks Le Kirk, no the sign says 2 hours free parking, the fact the sign is in front of the bay is misleading, I took a look myself today and seen another car in that exact same spot, the sign is still there to catch people out. 
  • The sign says members parking only 2 hours maximum stay. I have the SAR photos if you would like me to share?
  • If I remember correctly they was even another car parked next to me before I pulled into this gap opposite the sign, when the traffic warden took the photo it seems that car parked next to me on my left was gone. My point is they should have used markings on the ground to make it clear.
  • Redx
    Redx Posts: 38,084 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper Photogenic
    If I remember correctly they was even another car parked next to me before I pulled into this gap opposite the sign, when the traffic warden took the photo it seems that car parked next to me on my left was gone. My point is they should have used markings on the ground to make it clear.
    And that is precisely the main point of your defence , bay markings and signage are key elements of the parking contract , so poor markings and a possible trap are in your favour

  • IloveElephants
    IloveElephants Posts: 799 Forumite
    Fifth Anniversary 500 Posts Name Dropper
    edited 28 January 2022 at 10:29PM
    Redx said:
    If I remember correctly they was even another car parked next to me before I pulled into this gap opposite the sign, when the traffic warden took the photo it seems that car parked next to me on my left was gone. My point is they should have used markings on the ground to make it clear.
    And that is precisely the main point of your defence , bay markings and signage are key elements of the parking contract , so poor markings and a possible trap are in your favour

    This is my exact point, even when I visited the site today 2 cars parked in the same spot, signage on the wall to catch people out. If anyone else could share their opinion on this please? Thanks RedX

    p.s this took place in 2018 and since then they have not changed the car park to deliberately catch people out 
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