Defence for CCBS

AveryTew1808

Not_A_Hope said:

You can split your para 3 into as many paragraphs as you like. Just renumber the rest of the paragraphs. Are there any road markings in the area you stopped that were covered with snow? If so might be worth adding.

The area is like an off street block paved area and may possibly have lines or hatch markings on it, but I can not recall. I will check with Google street view.

If the above is the case, what would you suggest I write referring to this? Something along the lines of, due to obvious visual impairment of the snow, any road markings were not visible at the time this location was visited…

Not_A_Hope

Well if the PPCs claim is ‘Parked in a Loading Area, No Loading Activity’ I would argue that I was loading a passenger as evidenced by the booking. If the signs were not plainly visible no contract was established. If any road markings delineating a no parking area were not visible due to snow I would bring this to the attention of the court. 

AveryTew1808

Not_A_Hope said:

Well if the PPCs claim is ‘Parked in a Loading Area, No Loading Activity’ I would argue that I was loading a passenger as evidenced by the booking. If the signs were not plainly visible no contract was established. If any road markings delineating a no parking area were not visible due to snow I would bring this to the attention of the court. 

Definitely was going to include the booking as part of my evidence for being in the location and also impairment of visibility due to the snow.

AveryTew1808

So is my defence good to go in terms of print, scan, sign and PDF email to the court and copy to Gladstones also? 

I want to get this done tonight as tomorrow is the deadline.

Not_A_Hope

If time is tight for further comments maybe in order to refer to the point about loading / unloading passengers you refer to Jopson v Homeguard. Try Googling it. You will see case law which supports your argument and can append it later to your witness statement if they decide to take it to a hearing

Coupon-mad

Don't call it 'loading' a passenger.

It's not loading; it's a different thing so call it boarding (or alighting, if dropping off) a passenger.

AveryTew1808

Ok so I had a couple of issues before I submitted to the relevant email address.

Firstly my printer ran out of ink, so I had to send a PDF copy of my word defence, and I had to use the word writing tool to write my signature on the defence? Will this cause any issues?

Also I’ve not copied Gladstones into the email, can I do that now as technically this defence is mainly for the court and just for Gladstones information?

thanks 

Coupon-mad

You didn't need to print anything and it all sounds fine.  Gladstones only need copying in to all forms and submissions AFTER this stage.

Please re-read the next 12 steps from the first post of the Template Defence thread, to be prepared and to avoid asking us about the tedious/standard and fully expected next letter and DQ form.

AveryTew1808

Coupon-mad said:

You didn't need to print anything and it all sounds fine.  Gladstones only need copying in to all forms and submissions AFTER this stage.

Please re-read the next 12 steps from the first post of the Template Defence thread, to be prepared and to avoid asking us about the tedious/standard and fully expected next letter and DQ form.

Your assistance is greatly appreciated.

AveryTew1808

Is it too late to do a SAR to the PPC?