Double yellows PCN with County Court Claim

Coupon-mad

Agreed.

Don't copy a Judge's words from Jopson as if they are your own words.  Instead, remove all that and just refer to Jopson and say you will rely upon it and other similar authorities which support a resident's right to stop a vehicle adjacent to their property for necessary activity that requires the vehicle to stop there, such as loading, unloading, or safely boarding/alighting passengers, for example.  None of which is 'parking' and persuasive authorities as well as the Government's view in the new Code of Practice published in 2022 confirm this position.

I would also add a paragraph mentioning the relevant Code of Practice section on consideration periods, and state that the ticketing by a lurking person within two minutes flat was predatory, failed to grant any reasonable time for the hasty ticketer to observe whether this was merely unloading rather than parking, and breached the Code of Practice.

All paragraphs must be numbered.

No adjustments to the template are needed, except you may wish to selectively change 'park' to 'stop' if you find a sentence in the template where the latter would make more sense for your case.

Rafiki13

The facts as known to the Defendant:

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

 

3. The Defendant stopped the car for 3 minutes in front of his residence to unload while the Defendants family waited inside the car. The yellow lines are present but the curb markings that would prohibit the Defendant to stop to load/unload are non existent. The Defendant relies upon rulings as such in Jopson v Homeguard  and other similar authorities which support a resident's right to stop a vehicle adjacent to their property for necessary activity that requires the vehicle to stop there, such as loading, unloading, or safely boarding/alighting passengers,. The Defendants rental contract makes no mention of restrictions to load/unload, and this Private Parking Company are a stranger to the Defendants rental contract.

 4. The defendants case could also be put in another way. The purported prohibition was upon “parking”, and it is possible to draw a real and sensible distinction between pausing for a few moments or minutes to enable passengers to alight or for awkward or heavy items to be unloaded, and parking in the sense of leaving a car for some significant duration of time.

5. The Defendant raises the attention to the fact that no PCN was issued and fixed to the vehicle       at the moment that the alleged contravention was observed by the CEO as per the Code of Practice on Civil Parking Enforcement for London Councils. Section D.1 – 44. The Defendant defers to section D.5 – 67 of the Code of Practice on Civil Parking Enforcement for London Councils  were the Secretary of state recommends that CEO alerts the driver to the alleged contravention. The Defendant highlights that in Section G.of the Code of Practice on Civil Parking Enforcement for London Councils an observation period of 5 minutes can help to determine if the action of Loading/Unloading is taking place.

The Defendant concludes that the ticketing by a lurking person within 3 minutes flat was predatory, failed to grant any reasonable time for the hasty ticketer to observe whether this was merely unloading rather than parking, and breached the Code of Practice on Civil Parking Enforcement for London Councils.

 

Statement of Truth     

I believe that the facts stated in this defence are true.  I understand that proceedings for contempt of court may be brought against anyone who makes, or causes to be made, a false statement in a document verified by a statement of truth without an honest belief in its truth.

Defendant’s signature:

Date:

Cupon- mad should i include any other points from the template because i think Kirk was saying to keep the rest for WS.

the code of practice 2022 is suspended for review.

thanhttps://www.gov.uk/government/publications/private-parking-code-of-practice/private-parking-code-of-practiceks

so i used this one that i think is current.

https://www.londoncouncils.gov.uk/services/parking-services/parking-and-traffic/parking-information-professionals/code-practice-civil

thanks 

Coupon-mad

No-one was saying to remove the template paragraphs at all.  Add them all back in!

You have 'and driver' in the wrong place in paragraph 2.  The sentence doesn't read properly.

the code of practice 2022 is suspended for review.
thanhttps://www.gov.uk/government/publications/private-parking-code-of-practice/private-parking-code-of-practiceks

We know, I am on the Government Steering Group implementing the Code.

so i used this one that i think is current.
https://www.londoncouncils.gov.uk/services/parking-services/parking-and-traffic/parking-information-professionals/code-practice-civil

No, that's not relevant to private parking.

Rafiki13

Sorry didn't mean to doubt your wisdom. 
The grace periods on that code of conduct are regarding parking and not stopping do they apply anyways?
'I would also add a paragraph mentioning the relevant Code of Practice section on consideration periods'    I couldn't find the section that i should quote

Coupon-mad

If stopping on double yellows you are still allowed a consideration period to read the signs and stay or leave, because double yellows don't mean 'no stopping'.

I do mean the annex in the new (temporarily withdrawn) Code of Practice about consideration/grace periods.

Le_Kirk

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

I have already corrected this for you here 3 October at 2:07PM and I only said to remove extraneous narrative and keep it for the WS but NOT to remove the paragraphs from the template defence.

prowla

Coupon-mad said:

If stopping on double yellows you are still allowed a consideration period to read the signs and stay or leave, because double yellows don't mean 'no stopping'.

I do mean the annex in the new (temporarily withdrawn) Code of Practice about consideration/grace periods.

What do the double-yellows mean anyway, ie. do they have any meaning on private land?

Coupon-mad

They should have the same meaning as they do on street (which is not 'no stopping') otherwise it is unfair and certainly ambiguous.

Rafiki13

The facts as known to the Defendant:

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

 

3. The Defendant stopped the car for 3 minutes in front of his residence to unload. The yellow lines are present but the curb markings that would prohibit the Defendant to stop to load/unload are absent. The Defendant relies upon rulings as such in Jopson v Homeguard  and other similar authorities which support a resident's right to stop a vehicle adjacent to their property for necessary activity that requires the vehicle to stop there, such as loading, unloading or safely boarding/alighting passengers. None of which is 'parking' and persuasive authorities as well as the Government's view in the new Code of Practice published in 2022 confirm this position. The Defendants rental contract makes no mention of restrictions to load/unload, and this Private Parking Company are a stranger to the Defendants rental contract. The Defendant concludes that the Annex B to the Code of Practice on consideration periods, was disregarded by the CEO and the ticketing by a lurking person within three minutes flat was predatory, failed to grant any reasonable time for the hasty ticketer to observe whether this was merely unloading rather than parking, and breached the Code of Practice.

all points after number 3 are as per the template.
thanks

Coupon-mad

Kerb, not curb.