Yet Another UKPC County Court Claim

mrnomoneybags

The ticket was issued at around 4am, so unsure if loading would work? although the ticket first seen and issued are the same?

Coupon-mad

OK so instead of saying "The defendant was dropping shopping to a sick friend" which can't be true at 4am, you should state that the D was checking on a friend who was sick, and no signs or terms were seen because it was pitch black.

They've no idea when you arrived.

mrnomoneybags

I've edited it to this.... thoughts?

3.The defendant was dropping shopping too and checking on a friend who was sick, due to the Covid19 epidemic people were working from home so there were no visitors’ spaces available.

4.The defendant avers the signage is almost illegible during the day let alone at night and what is legible makes no mention of no loading/unloading or parking on yellow lines.  Where there is any ambiguity of the meaning of lines/signs, the meaning that most favours the consumer must prevail (ref: Consumer Rights Act 2015).  The usual interpretation of the meaning of yellow lines must be the same as Local Authority double yellows on-street, where (in the absence of 'kerb blips') loading/unloading is always specifically allowed 'exempt activity'.

Or should I remove the loading unloading part in section 4?

So it just reads

4.The defendant avers the signage is almost illegible during the day let alone at night and what is legible makes no mention of no loading/unloading or parking on yellow lines. 

Thanks

B789

Use exactly what @Coupon-mad told you to use. Why are you trying to remove the bit that gives that paragraph its full weight?

Also, it was a pandemic, not an epidemic. Who is to say you could not be dropping off some shopping you did earlier on behalf of your sick friend? Just tell it like it is.

mrnomoneybags

B789 said:

Use exactly what @Coupon-mad told you to use. Why are you trying to remove the bit that gives that paragraph its full weight?

Also, it was a pandemic, not an epidemic. Who is to say you could not be dropping off some shopping you did earlier on behalf of your sick friend? Just tell it like it is.

I was only changing it based on what @Coupon-mad Had said about not dropping shopping at 4am so this made me think the unloading loading was moot point? Thanks for the pandemic, epidemic mixed up.

So if I changed 3. to

3.The defendant was checking on a friend who was sick and no signs or terms were seen because it was pitch black.

and leave 4. like this?

4.The defendant avers the signage is almost illegible and what is legible makes no mention of no loading/unloading on yellow lines.  Where there is any ambiguity of the meaning of lines/signs, the meaning that most favours the consumer must prevail (ref: Consumer Rights Act 2015).  The usual interpretation of the meaning of yellow lines must be the same as Local Authority double yellows on-street, where (in the absence of 'kerb blips') loading/unloading is always specifically allowed 'exempt activity'. 

thanks

Coupon-mad

I don't think you can use the unloading/delivering shopping point at 4am.

But you could instead say that the predatory ticketer has proved the Defendant's point about illegibility if terms, because they've had to use a torch to get an image of a hidden sign.  They have also breached the mandatory Code of Practice by not allowing any grace period, having lurked and taken photos within one minute flat.

mrnomoneybags

Thanks @Coupon-mad I've added that in and will get it signed and emailed over today in time for the deadline tomorrow.