UKPC sent me another letter

troublemaker22

babatunde123 said:

Le_Kirk said:

It is not a parking lot!  Receipt of letters after the event do not count as a defence some time earlier, however the fact that you suffered a mechanical failure (well the car did) counts as a small vicissitude.  Look for Jopson v Homeguard and relate that to your case: -

Extract from 9GF0A9E
Neither party was able to direct the court to any authority on the meaning of the word “park”. However, the Shorter Oxford Dictionary has the following: “To leave a vehicle in a carpark or other reserved space” and “To leave in a suitable place until required.” The concept of parking, as opposed to stopping, is that of leaving a car for some duration of time beyond that needed for getting in or out of it, loading or unloading it, and perhaps coping with some vicissitude of short duration, such as changing a wheel in the event of a puncture. Merely to stop a vehicle cannot be to park it; otherwise traffic jams would consist of lines of parked cars. 

Exchange "changing a wheel" for "changing a flat battery" and you have your case!

The bottom part tells me to exchange the battery to the tyre thats why i put the tyre???? Ive wrote me real reason why i parked there the battery issue was there when turning on the car but it wasn’t the reason why i parked there so when i wrote battery its the truth it literally says there to exchange it to tyre which i did??

You misread the advice which was to look at a previous case where the problem related to a tyre and to use the same language except to talk about your battery where the previous case talked about a tyre. 

babatunde123

Coupon-mad said:

How long was the time between their first and last photos?  Mere minutes?

Yeah       

babatunde123

troublemaker22 said:

babatunde123 said:

Le_Kirk said:

It is not a parking lot!  Receipt of letters after the event do not count as a defence some time earlier, however the fact that you suffered a mechanical failure (well the car did) counts as a small vicissitude.  Look for Jopson v Homeguard and relate that to your case: -

Extract from 9GF0A9E
Neither party was able to direct the court to any authority on the meaning of the word “park”. However, the Shorter Oxford Dictionary has the following: “To leave a vehicle in a carpark or other reserved space” and “To leave in a suitable place until required.” The concept of parking, as opposed to stopping, is that of leaving a car for some duration of time beyond that needed for getting in or out of it, loading or unloading it, and perhaps coping with some vicissitude of short duration, such as changing a wheel in the event of a puncture. Merely to stop a vehicle cannot be to park it; otherwise traffic jams would consist of lines of parked cars. 

Exchange "changing a wheel" for "changing a flat battery" and you have your case!

The bottom part tells me to exchange the battery to the tyre thats why i put the tyre???? Ive wrote me real reason why i parked there the battery issue was there when turning on the car but it wasn’t the reason why i parked there so when i wrote battery its the truth it literally says there to exchange it to tyre which i did??

You misread the advice which was to look at a previous case where the problem related to a tyre and to use the same language except to talk about your battery where the previous case talked about a tyre. 

Ooo okay that makes sense thats my fault 

fisherjim

Tyres/Batteries/prayers all irrelevant surely the actual reason for the PCN was; "Registered users only" if this means you should not have been there, there can be no offer to park so no contract was formed.

Signage is surely the issue?

Le_Kirk

babatunde123 said:

troublemaker22 said:

babatunde123 said:

Le_Kirk said:

It is not a parking lot!  Receipt of letters after the event do not count as a defence some time earlier, however the fact that you suffered a mechanical failure (well the car did) counts as a small vicissitude.  Look for Jopson v Homeguard and relate that to your case: -

Extract from 9GF0A9E
Neither party was able to direct the court to any authority on the meaning of the word “park”. However, the Shorter Oxford Dictionary has the following: “To leave a vehicle in a carpark or other reserved space” and “To leave in a suitable place until required.” The concept of parking, as opposed to stopping, is that of leaving a car for some duration of time beyond that needed for getting in or out of it, loading or unloading it, and perhaps coping with some vicissitude of short duration, such as changing a wheel in the event of a puncture. Merely to stop a vehicle cannot be to park it; otherwise traffic jams would consist of lines of parked cars. 

Exchange "changing a wheel" for "changing a flat battery" and you have your case!

The bottom part tells me to exchange the battery to the tyre thats why i put the tyre???? Ive wrote me real reason why i parked there the battery issue was there when turning on the car but it wasn’t the reason why i parked there so when i wrote battery its the truth it literally says there to exchange it to tyre which i did??

You misread the advice which was to look at a previous case where the problem related to a tyre and to use the same language except to talk about your battery where the previous case talked about a tyre. 

Ooo okay that makes sense thats my fault 

Yes, it was an EXAMPLE for you to use and adjust to suit your case.