Premier Parking Enforcement - Court Claim

Le_Kirk

Last year, during the parking incident, I came across confusing signs when trying to find a spot. To avoid breaking any rules, I spent about five minutes trying to understand if parking was allowed. Unsure, I asked my daughter to return to the car so we could find another spot. I remember seeing a faded sign without the Claimant's logo or name, which was different from other signs nearby. I also stayed in the car the whole time, focusing on following the rules, staying safe and out of the way of other drivers.

Not sure what you mean here and if I am confused, maybe the judge will also be.

Coupon-mad

Yes I was confused by that, too.  Needs re-writing to explain. Daughter was a passenger?

Remove this; seems irrelevant:

"This is clear as there was a faded yellow box indicating no stopping (as per Rule 174 of the Highway Code) and the need to keep traffic flowing smoothly in the car park."

The rest is TEN TIMES better now!

Can younger people (than me) not see how AWFUL ChatGPT is? Go back & have a fresh look what it wrote for you.  Truly unreadable gobbledegook. So bad I literally stopped reading, scowled at it, and moved on. Can you see how embarrassingly bad that app is at writing? I am hoping to stop you using it ever again for written English.

RocquéRecords

Thank you everyone, I have removed that and for the first part I meant I drop my daughter off closer to the shopping centre as I usually park further away but around the corner there were these parking spots where the incident happened and since they were so close I just told my daughter to walk back to the car.

I've changed the first paragraph to this: hopefully it makes more sense

Facts and Sequence of events

1.       Recollection of the Incident:

Last year, I dropped my daughter close to the shopping centre as I normally park quite far away. But I noticed these parking spots a few metres away so decided to see if I could park here instead to save the far walk. When arriving to the car park it was very busy, and I came across confusing signs when trying to find a spot. To avoid breaking any rules and blocking traffic, I pulled into the spot, and I spent about five minutes trying to understand if parking was allowed. Unsure, I asked my daughter to return to the car so we could find another spot. I remember seeing a faded sign without the Claimant's logo or name, which was different from other signs nearby. I tried my best to follow the rules, staying safe and out of the way of other drivers.

I'm not sure as my English isn't very good but to me ChatGPT reads like fancy language to me kind of like if you want to add fancy words to impress your teacher.

Coupon-mad

I think you should say you were merely looking for a safe place to collect a passenger, which took less than 5 minutes and in that time you tried to read the signs but they were not prominent so you decided to leave.

Then quote the definition of parking period from the first section of the incoming DLUHC Code of Practice first published in Feb 2022, which (whilst delayed by a Judicial Review) was not challenged in regards to that definition.

RocquéRecords

Thank you, I've changed my paragraph to say that:

Last year, I was looking for a safe place to collect a passenger. When arriving to the car park it was very busy, and I came across confusing signs when trying to find a spot. To avoid breaking any rules and blocking traffic, I pulled into the spot, and I spent about five minutes trying to understand if waiting was allowed. While I was busy seeing trying to understand the signage, the passenger I was picking up noticed my vehicle and got in. After they got in, I left immediately only taking time to give way to existing traffic. I remember seeing a faded sign without the Claimant's logo or name, which was different from other signs nearby. I tried my best to follow the rules, staying safe and out of the way of other drivers. It is key to note the definition of parking period from the DLUHC Code of Practice, Feb 2022 is as follows: 2.24 parking period “the length of time that a vehicle has been parked, i.e. left stationary otherwise than in the course of driving, after any relevant consideration period has expired (excluding instances where the driver has stopped to enable passengers to leave or enter the vehicle) This is not the period between a vehicle being recorded as entering and departing controlled land.”

This was what I said in my defence too, just wanted to make sure the WS doesn't contradict that:

The Defendant didn’t get any letters of the said claims in relation to PCN, nor pre-action letter and only received word through the court claim. The Defendant did not exit the vehicle and recalls only being for around 5 minutes in said parking spot to see if the Defendant was allowed to be parked in the spot. Also, the Defendant is not in the habit of breaching rules and firmly believes that the signage was conflicting and unclear. The Defendant remembers seeing a faded and unclear sign that was not a sign with the Claimant’s logo or name and did not denote a possible claim from the Claimant, which was also in conflict with other signs in the area that did have the Claimant’s logo and name present. Therefore, after being unsure if the Defendant was allowed to park in the spot showing genuine use of a reasonable grace period. The Defendant drove out of the parking spot to park somewhere else to avoid causing any potential issues to the Defendant or the Claimant. Therefore, this claim was a shock and the Claimant has failed to communicate any information about the matter over the months. The Claimant is put to strict proof of the facts and signage, as well as the allegation (whatever it may be, given the fact that the Claim fails to specify it).

For the code of practice, would I need to include that in the exhibits? or is referencing it sufficient?

Also, for submission of my WS, my court date is the 14th of May, is that okay to submit over email to both gladstone and the county court or would I need to deliver both in person? and would I be correct in saying the deadline is the 1st of May?

Coupon-mad

Yes that's fine but this would be best as a paragraph on its own:

It is key to note the definition of parking period from the DLUHC Code of Practice, Feb 2022 is as follows: 2.24 parking period “the length of time that a vehicle has been parked, i.e. left stationary otherwise than in the course of driving, after any relevant consideration period has expired (excluding instances where the driver has stopped to enable passengers to leave or enter the vehicle) This is not the period between a vehicle being recorded as entering and departing controlled land.”

If you used the Template Defence you already have the URL link to the DLUHC CoP.

RocquéRecords

Perfect, I'll change that to have it in a separate paragraph and yes I used the template defence too.

RocquéRecords

Would it be okay to submit now? or should I wait as close to the date as possible? My thinking to give gladstones less time to prepare, I've also not received anything in terms of WS from them or do they not need to provide me one?

Coupon-mad

It's the same deadline, so wait to see if theirs turns up in time for you to comment on it.

Coupon-mad

Yes do that.