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Parking Charge Notice - Defence Submission

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Comments

  • allshallbewell
    allshallbewell Posts: 66 Forumite
    10 Posts First Anniversary
    In the W/S does the full text of items referred to such as CMA37 para5.14.3 and  Schedule 4 paragraph 4(5) of the Protection of Freedoms Act 2012 etc have to be produced as numbered exhibits or is it okay to simply reference  them accurately in the text please? 
  • Coupon-mad
    Coupon-mad Posts: 161,424 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    They are both statute law so do not need to be exhibited.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
     Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • allshallbewell
    allshallbewell Posts: 66 Forumite
    10 Posts First Anniversary
    Thank you. Does anything that's not statute law have to be exhibited e.g. case law such as Vine v. London Borough of Waltham Forest CA 5 Apr 2000 - relevant sections of DLUHC Code of Practice draft IA etc.?
  • Coupon-mad
    Coupon-mad Posts: 161,424 Forumite
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    edited 27 February 2024 at 12:12PM
    Check your link to the draft IA as someone's link didn't work.  Google it again if needed.  But neither of those need exhibiting either.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
     Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • allshallbewell
    allshallbewell Posts: 66 Forumite
    10 Posts First Anniversary
    Re. me at 8.33. Sorry - the Newbies section seems to say the answer to that question is 'yes'. Does that mean  just relevant sections of  Judgments and C of Ps  (as eg in Beavis paras 98,100, 193, 198)?
  • allshallbewell
    allshallbewell Posts: 66 Forumite
    10 Posts First Anniversary
    I saw a link somewhere about what not to include in Defence/WS but have lost it. has anyone got it please?
  • Coupon-mad
    Coupon-mad Posts: 161,424 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    allshallbewell said:
    Re. me at 8.33. Sorry - the Newbies section seems to say the answer to that question is 'yes'. Does that mean  just relevant sections of  Judgments and C of Ps  (as eg in Beavis paras 98,100, 193, 198)?
    Yes, except exhibit Excel v Wilkinson in full as that isn't trite law.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
     Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • allshallbewell
    allshallbewell Posts: 66 Forumite
    10 Posts First Anniversary

    Would it be reasonable Coupon-mad to use a statement in the WS such as: 

    "It is a simple matter for  car park operators to display clear signs, should they wish to do so, such as one that I noticed as a pedestrian while crossing an NCP car park in central xxx recently (Exhibit xx). No such sign was displayed xxxx car park."

    - in addition to the Beavis sign that is?

  • Coupon-mad
    Coupon-mad Posts: 161,424 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 29 February 2024 at 3:26PM
    Doesn't help, not really relevant and might confuse the Judge.  Beavis is the line.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
     Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • allshallbewell
    allshallbewell Posts: 66 Forumite
    10 Posts First Anniversary
    Thank you Coupon-mad. 
    Does there need to be a citation or WS exhibit attached to this judgment - "including in a detailed judgment by Her Honour Judge Jackson, now a specialist Civil High Court Judge on the Leeds/Bradford circuit - to constitute 'double recovery''' ?  A steer on this would be good.
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