Parked in a supermarket car park after hours

Sour_dough

Thank you!

Fruitcake said:

Adjust 3.4 to remove "leaving site".

Shall I also remove the bit in 3. where I said "walked to a nearby shop before returning"?

I check street view, most of the signs on the right and those visible when walking from the car only mention not parking on double yellows.


The signs about the actual parking only mention the ticket prices, and do not mention any T&C's or charge

Sour_dough

Coupon-mad said:

As SIP have filed this claim themselves (no solicitor) please show us their Particulars of Claim (your VRM redacted).

I just saw this now!

NBLondon

Sour_dough said:

The signs about the actual parking only mention the ticket prices, and do not mention any T&C's or charge

It does say Charges apply 24 hours, 7days a week including bank holidays. So "after hours"  doesn't count.

Boat_to_Bolivia

You are cutting it fine OP. Don't you need to submit your Defence by 4pm today?

Boat_to_Bolivia

NBLondon said:

Sour_dough said:

The signs about the actual parking only mention the ticket prices, and do not mention any T&C's or charge

It does say Charges apply 24 hours, 7days a week including bank holidays. So "after hours"  doesn't count.

But it was late at night, so was the sign sufficiently well lit in order for the OP to be able to read it?

Sour_dough

Boat_to_Bolivia said:

You are cutting it fine OP. Don't you need to submit your Defence by 4pm today?

You're right, I've just had an incredibly busy week with work and other commitments. I spent most of last night writing the defence I posted this morning, and now I've tried to adjust it to include Fruitcake's advice (operating on 3 hours sleep so a little slow). If anyone has any more corrections I'll keep tweaking it, otherwise I'll submit it within the next half an hour. Thank you all, I really appreciate your help in my time of need.

The facts as known to the Defendant:

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

3. The defendant arrived at the supermarket car park late at night after the supermarket had closed. The car park was unlit. A PCN was issued for failure to display a ticket at 23:24.

3.1. The signage was not visible at night. There were no illuminated signs visible at the material time that were capable of forming a contract. The defendant did not see any signs or notices indicating the terms and conditions of the car park at the time of parking and had no reason to believe they were in breach of any regulations.

3.2. The defendant later returned to the site during daylight hours and found the signs were not prominent in the driver’s line of sight, rather they were positioned on the passenger side, and at right angles to the car on entry, making it dangerous to turn one's head 90 degrees to read the sign. This violates Lord Denning's Red Hand Rule. The signs did not bring the terms and conditions to the driver’s notice, nor did they mention a £100 charge for failure to comply with the terms and conditions.

Boat_to_Bolivia

Read's OK to me but just wait and see if anyone else has time to read it in the next 15mins before you submit it.

Make sure you receive an automated reply, which will be almost instant, for proof it has been received.