UKPC - County Court Claim - Hearing

Coupon-mad

And did you click on that link & read his outcome today?  

  

Citizen_K

Coupon-mad said:

And did you click on that link & read his outcome today?  

  

Ah yes, just saw it. Great news for them!
Still, I’ll prepare properly!

Citizen_K

Hi all, I'm working on my WS and have read some examples but am struggling for my 'angle'. The example ones I read all have something to argue against. My parking notice was for 'Not parked correctly within the markings of the bay or space.' They accuse me of parking outside of dedicated parking bays in a retail park, in a 'lay-by' of sorts which has double yellow lines. So what is my angle? There is no signage by the 'lay-by' but there is in the adjacent retail car park.

Le_Kirk

Your witness statement is a narrative of what happened on the day of the parking event and should back up and support your defence with evidence.

Citizen_K

can anyone advise legal rules for double yellow lines? is it reasonable to stop there and enter a eatery to pickup a pre-ordered meal?

yetneveragain

On private land, DYLs can mean anything the operator wants. For example, they could mean only blue cars with numberplates ending with the letter "M" can stop but only on every second Wednesday.

As for DYLs on a public highway, the Highway Code is your bible. Easily found using Google (other search engines are available). See below. In short, you can stop to load/unload or pick up/drop off passengers unless specifically prohibited. If the kerp has yellow "ticks", don't stop.

Coupon-mad

Citizen_K said:

can anyone advise legal rules for double yellow lines? is it reasonable to stop there and enter a eatery to pickup a pre-ordered meal?

Yes.  That's an exemption on street.

If there are no contractual signs beside that bay (visible and readable from the car or easy to read as soon as you step out) then there's no contract at all.  No breach of a 'relevant obligation' because there wasn't one.  A reasonable person may therefore conclude that they can use the DYL in this layby to load pre-paid items, which is exempt activity according to the Highway Code and statutory rules on street.

If a private firm mimics double yellow lines then their usual meaning applies.  Even if this might be thought to be ambiguous, the Consumer Rights Act 2015 confirms:

Section 69: Contract terms that may have different meanings

The CRA Explanatory Notes say at 331:  "Contract terms can be ambiguous and capable of being interpreted in different ways, especially if they are not in writing or in an accessible format. In these cases, this section ensures that the interpretation that is most beneficial to the consumer, rather than the trader, is the interpretation that is used."

Citizen_K

Hello all, I have drafted my WS and was hoping you guys could take a look to see if its ok?

https://onedrive.live.com/view.aspx?resid=D45076F206E55709!556&authkey=!AG7jsD4bncg5vdU

Coupon-mad

I didn't see the CRA 2015 quote that I gave you that tells your Judge the law about ambiguous signs & lines.  Did I miss it?  It's a winning point no Judge can disagree with.

Citizen_K

Coupon-mad said:

I didn't see the CRA 2015 quote that I gave you that tells your Judge the law about ambiguous signs & lines.  Did I miss it?  It's a winning point no Judge can disagree with.

Ah yes. Will add that tomorrow, thanks again sir.