Double yellows PCN with County Court Claim

Coupon-mad

That is OK so far, but I'm not yet seeing mention of these exhibits:

 - the relevant Highway Code page

 - Jopson v Homeguard (transcript)

 - your tenancy agreement

 - Excel v Wilkinson and the entire second half of the exemplar WS by @aphex007

Rafiki13

Making progress but I can not access the relevant IPC COP
Anyone knows were I can find this?
thanks

KeithP

Rafiki13 said:

Making progress but I can not access the relevant IPC COP
Anyone knows were I can find this?
thanks

This post I wrote yesterday on another thread may help.

B789

Just Google IPC COP which gives you the IPC website and then click on "publications".

Rafiki13

 - the relevant Highway Code page Cant find page only online link to it https://www.gov.uk/guidance/the-highway-code/road-markings

 - Jopson v Homeguard (transcript)    Done but I don't know if i should mention which paragraphs are more relevant or not 

 - your tenancy agreement  Done 

 - Excel v Wilkinson and the entire second half of the exemplar WS by @aphex007 Done

Sequence of events

 

3. On the 6 of January 2022 at 14:41 in the afternoon I purchased a rug for is home as can be seen in (see exhibit number 1). This is an oversized and heavy item its dimensions are (dimensions 10.5 feet x 7.5 feet).

 

4. I arrived at the front of my residential building (Exhibit number: 2) and stopped the car with hazard lights on and there were no road markings prohibiting the act of loading or unloading at any given time.

 

5. The street where I stopped the car is a dead-end street and only residents use it so my car was not causing any abnormal obstruction to traffic or to pedestrians.

 

6. My wife stayed inside the car with my baby so she could explain why the car was stopped there to anyone that would feel that the car was an obstruction in any way. 

 

7. I proceeded to unload the item to my building, and I was away from the car for no more than 2 minutes.

 

 8. As per seen in evidence provided by the Claimant (Exhibit number: 3 and 4) two pictures were taken of my car. First picture with time stamp of 15:09.00 and the second 15:10.17. These were taken with 1 minute and 17 seconds apart allegedly this was the time that the claimant would come to claim that no loading or unloading was occurring and the stopped car would merit a parking violation and subsequent fine.

 

9. The pictures were taken at odd angles and the markings on the road the claimant alleges are there are not visible at the exact location of the car in any of them.

 

10. There is a third picture (Exhibit: 5) of the my car that was produced by the Claimant as evidence, but I would request the court to analyse the validity of said picture because it does not capture the whole car and misses the driver door were I was present. This would constitute proof that I was entering the car at that moment, and it is my believe that this is the reason that said picture does not frame the whole car.

 

11. If there were double yellow lines present at the exact place the car was stopped, I would refer to the court that the highway code (Exhibit number 6) does not prohibit stopping the car for loading and unloading on double yellow lines if not accompanied by kerb markings.I would argue this is a trap for the unwary since double yellows permit loading. They'd want to paint double reds if they'd intended there to be no stopping at any time

 

 

12. No signage that the Claimant alleges is visible on the street mentions and therefore prohibits the act of loading and unloading. Markings on the road that prohibit loading/unloading are not present in any of the evidence provided by the Claimant.

 

13. I am a resident of this development, and this parking company are a stranger to my rental contract. My rental contract makes no mention of restrictions to load/unload in front of my building (Exhibit number 7 Paragraph: o) 4.0.1).

 

14. I own a permit for parking (Exhibit number 8) issued by the Claimant and have a rental agreement for that permit (Exhibit number 9) it can be observed the rented space is from another building and not my own. This permit allows me to park inside the underground car park on another building inside the development but there is a considerable distance to my residence which makes it difficult if not impossible to unload heavy and awkward items.

 

15. I was not approached by the Claimant’s agent at the time of the alleged contravention for the purpose of informing and serving the PCN to the me. The Claimant does not claim I evaded or avoided the Claimant’s employee at any time.  I received this PCN in the mail and no PCN was left on the windscreen. I would ask this court to consider that if the Claimant’s employee did not have time to serve a PCN to the defendant in the time window that the allege contravention occurred it can indicate that no contravention occurred.

 

 16. The Claimant fails to demonstrate that my car was parked and not stopped.

 

17. The Claimant fails to demonstrate that my car was stopped in a “no stopping” area.

 

18. I lack the knowledge of the law but base my case in the similarities with the JOPSON V HOMEGUARD (see exhibit number 10) and I beg the court to consider this ruling as applicable to my case. Paragraphs: 11   20.

 

19. The Claimant states in paragraph 3 of his Witness statement that “the Defendant was photographed” this statement is untrue and in no evidence provided by the Claimant can I be observed.

 

20. The Claimant in paragraph 3 of his witness statement claims “the location” to be on E16 2PL this statement is also untrue the post code is E16 2TP this is the Defendants address and the correct location.

 

21. The Claimant in paragraph 24 of his witness statement admits that no markings visible or not, would impede me from loading/unloading. The Claimant continuously relies on the signage that makes no mention of restrictions to load and unload goods from vehicles.

 

22. The Claimant in paragraph 26 of their witness statement refers to a supposed admission by me that the car was parked which is untrue and can be seen as an intent to mislead the court.

 

23. The Claimant alleges in paragraph 30 of his witness statement that I had an opportunity to unload the car from a parking bay but no parking bay was available to me and the Claimant fails to provide evidence that any parking bay was available for the purpose of unloading/loading. Once again this statement can be seen as an intent to mislead the court.

 

The ParkingEye v Beavis is distinguished (lack of legitimate interest/prominence of terms)

 

24. ParkingEye overcame the possibility of their £85 charge being dismissed as punitive, however the Supreme .....

Rafiki13

I need to complete my costs (last exhibit)
And I need to write my wife Witness statement does her statement goes on exhibit or separate?
thanks

Coupon-mad

Curb is wrong, we are not in the US!  Sorry I hate Americanisms like 'curb' and 'parking lot'!

Kerb.

And this needs correcting:

" I purchased a rug for is home"

Le_Kirk

Paragraph #8 better written as "as per the evidence provided by the  claimant " or "as can be seen......"
Paragraph 10 misspelled word; were should be where
Paragraph 13 parking company is a stranger
Check for other similar mistakes.

Rafiki13

All corrected thanks.
Witness statement from my wife where should I include it?  
Even though I spent  probably around 20h on all the research and writings to the court,  is this something I  can include at the £19 per hour? 
I plan on taking my wife to the hearing as a witness should I include those 95 pounds for her as well?

Rafiki13

Witness Statement	2 - 15
Exhibit 01 Proof of purchase of oversized item (photo)	16
Exhibit 02 View of entrance of my residential building (photo)	17
Exhibit 03 Claimant’s evidence no markings (photo)	17
Exhibit 04 Claimant’s evidence no markings (photo)	18
Exhibit 05 Claimant’s evidence incomplete/defective  (photo)	19
Exhibit 06 Relevant Highway code	20-22
Exhibit 07 Defendant’s Rental agreement	23-48
Exhibit 08 Defendant’s parking permit	49
Exhibit 09 Defendant’s parking rental agreement	50-52
Exhibit 10 Jopson V  Homeguard  (judgement transcript)	53-63
Exhibit 11 ParkingEye Limited v Beavis (sign)	64
Exhibit 12 ParkingEye Limited v Beavis Paragraphs 98, 193, and 198	65-66
Exhibit 13 Excel V Wilkinson (judgement transcript)	67-76
Defendants schedule costs	77