UKPC "Vehicle parked on yellow lines/hatched area" PCN

Car1980

You weren't parked. As well as paragraph 3 briefly explaining the circumstances I'd add another paragraph quickly explaining the definition of parking. You also need to point out 1 min 16 is de minimis and quite frankly ridiculous.

https://www.contestorlegal.co.uk/blog-3/unparalleled-legal-victory-defining-the-true-meaning-of-parking

Djyamo

Hi all.  I have drafted my defence.  Could someone look over it and give me some pointers and critique it?  Let me know if I should add or remove stuff.  Thanks.

"

4. The defendant acknowledges that the vehicle was temporarily stopped within said yellow lines/hatched area whilst collecting a family member from work.  There were no available car parking spaces, so the vehicle was temporarily stopped here, whilst a car reversed out of a space.  I refer to the original PCN, that states the vehicle was ‘parked’ on yellow lines/hatched areas for 1 Minutes 16 Seconds.  I am of the belief that 1 Minutes 16 Seconds is not long enough to be deemed as ‘parking’

4.1. In order to back up my belief that the 1 Minutes 16 Seconds is not deemed long enough to constitute Parking I refer to the case of Jopson v Homegaurd where the discussion of the definition of what constitutes parking is explained as follows. “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.  Delivery vans, whether for post, newspapers, groceries, or anything else, would not be accommodated on an interpretation which included vehicles stopping for a few moment for these purposes.

4.2.  It is therefore my belief that waiting for a vehicle to exit a parking space, can not be classed as parking."

Djyamo

*BUMP*  

Is there any chance someone could give me some feedback on my defence please?

Thank you

Le_Kirk

Are you using the template defence, if so, where are paragraphs #2 & 3#? Defences are written in the third person, so "the defendant" not "I", "me" or "my".

Coupon-mad

Djyamo said:

You are now late...

I hope you got a defence in?