Parking on a private road with a No parking sign close by. Grace period?

Mouse007

Vism said:

Well, well, just looked at Google Street View and the parking restrictions have been removed.
Is it worth mentioning that?

Check the date on GSV, when I looked it was 2019. You may at a later date need to go back and take your own photos, I like doing a drive through with a HD dash cam on.

Vism

OK guys, final version. All OK?

3.1 The defendant states that having attempted to use the business's car park and failed due to lack of room, he stopped on Hiron Way for no more than 4 minutes as a legitimate customer loading pre-ordered goods. Jopson v Homeguard [2016] B9GF0A9E explains that loading/unloading is not parking.

3.2 There was no sign or double yellow lines where the defendant stopped. No sign was visible on the approach to the road from the public highway. The Defendant did not agree to any (uncommunicated) terms and conditions. Liability is denied.

3.3 The defendant argues that this ticket is completely inappropriate due to poor signage, both at the location and on the entrance to the private road, lack of double yellow lines and the length of time stopped.

Mouse007

Much better. Personally I would drop 3.3, it just repeats and adds opinion to 3.2, but no harm done by leaving it as is.

You should however renumber as 3. 4. 5. (not 3.1, 3.2 and 3.3) and renumber rest of template accordingly.

You have 4 days left before filing deadline, 4pm Monday. Plenty of time for others to chip in if need be. Do note you submit by email during office hours, not evenings or over the weekend. You need to make sure you receive the acknowledgment email reply which does not apparently work outside office hours.

Also note Jopson v Homeguard was an appeal judgment - that is binding on the lower courts. A strong case to have in your Defence.

Umkomaas

Also note Jopson v Homeguard was an appeal judgment - that is binding on the lower courts.

It's 'persuasive' in the lower courts. It was an appeal against a standard county court judgment, and heard by a higher level circuit judge (HH Judge Harris QC). Different to a 'binding' judgment from the Court of Appeal. 

Le_Kirk

Yellow lines in a car park have no meaning but if they did, they would not prevent you from loading/unloading, as it is kerb blips that do that.

Vism

OK, it's sent and acknowledgement received.

Many thanks guys, I'll keep you informed.

Vism

You guys will be delighted, and not at all surprised, that my claim has been discontinued. 
Another one for your list @umkomaas. 

Umkomaas

Vism said:

You guys will be delighted, and not at all surprised, that my claim has been discontinued. 
Another one for your list @umkomaas. 

Got it, thanks for update. Your name in lights on the DCB Legal discontinuation thread of shame. Well done. 

Vism

Bit of extra info.

Happened some weeks after defence submitted but before witness statement deadline.
Had a call from them to barter...said no.
Discontinuance doesn't appear on MCOL, you have to contact the court (had nothing by post 2 weeks after Discontinuance).

Coupon-mad

Yay!  As expected but great news!.

ANOTHER DISCONTINUANCE!

ANOTHER ONE BITES THE DUST!

And we sincerely hope that you are au fait with the need to respond to the final Government Public Consultation this Summer?  Anticipated July/August.

We all need to ram the nail in the coffin of the false £70 'DRA fee' add-on, that actually funds the court claim and toxic CCJ culture, as well as the DRA and roboclaim 'legals' gaslighting of people.

Please come back here when it opens.

If you are not a regular reader, to be alerted you'll need to bookmark the thread by MSE_JC at the top of the forum and enable (on your profile) email alerts for bookmarked threads.

Then join us when the Consultation opens.

PLEASE!  We need all MSE victims if this horrific harassment and bullying to be heard.