Stopping in a no stopping zone (private land)

leedsleedsleeds123

Hi all,

Received a Letter of Claim, stating my vehicle was parked on private land, and there were signs displayed on the land setting out the Terms of Parking. 

The specific reason on the other side is "Stopped in A NO Stopping Zone".

Have taken a look through the Newbie thread and various other bits and bobs. Mostly the No Stopping defences relate to Airports, and this is not and airport.

Would the fact that due to the spot I was stopped in, it was impossible to read the signs? I entered the area, turned my vehicle around, let my passengers alight, found my next destination on sat nav and then continued on. I noticed the signs on my way out of the area, which would indeed have been easy to read had I been near them. 

For reference, this is a link to the place I was stopped. I was stopped in almost exactly the place that white van in Street View is parked, to the right of the camera when you click through. Unfortunately i'm too new to post links, so here's a screenshot!



And would this be a reasonable response to the Letter of Claim? Or would I put the above defence into it?

Thanks in advance for your help!

------

​Dear Sirs,

Your Ref. ​xxxxxxxxx
Proposed Legal Proceedings
Claimant: ​xxxxxxxxxx

I refer to your letter of claim.

The alleged debt is disputed and any court proceedings will be vigorously defended.

I am sourcing and seeking independent debt advice and as such, I formally request that this matter be put on hold for an additional 30 days, in accordance with the Pre-Action Protocol for Debt Claims 2017 ('the PAP').

I note that the amount being claimed has increased by a hugely exaggerated amount which the Government called "extorting money from motorists".

​1 - Please break down the alleged £170 debt 

​2 - Am I to understand that anything above the £100 stated is the sum "Debt Recovery Cost"?

3 - With regard to the principal alleged PCN sum: Is this damages, or will it be pleaded as consideration for parking?

Yours faithfully

fisherjim

That area mimics a road with DYL's on a highway, in which case it would be fair to assume that as there are no chevrons or signage to the contrary you could stop to unload item or passengers, they would be stupid to carry this any further.

Who is the PPC?

Follow the instructions on the first post in the stickies.

Le_Kirk

Do you want to have an extra 30 days to help you pull together info? We used to advise that for posters while they waited for response to a SAR but we don't recommend SAR these days. 

leedsleedsleeds123

fisherjim said:

That area mimics a road with DYL's on a highway, in which case it would be fair to assume that as there are no chevrons or signage to the contrary you could stop to unload item or passengers, they would be stupid to carry this any further.

Who is the PPC?

Follow the instructions on the first post in the stickies.

PPC is BaySentry Solutions Ltd, DCBLegal representing.

I followed the instructions re: LoC, and got the template. It felt quite aggressive, so I toned it down a bit.

If I add in the part about the actual situation per your advice (and remove the 30-day request) it would read as below. This a good letter to send?

----

​Dear Sirs,

Your Ref. ​xxxxxxxxx
Proposed Legal Proceedings
Claimant: ​xxxxxxxxxx

I refer to your letter of claim.

The alleged debt is disputed and any court proceedings will be vigorously defended.

The area in question mimics a road with double yellow lines on a highway, in which case it would be fair to assume that as there are no chevrons or signage to the contrary one is permitted to stop to unload items or passengers, which is true of my situation. It is unlikely your claim will hold up in court.

I note that the amount being claimed has increased by a hugely exaggerated amount which the Government called "extorting money from motorists".

​1 - Please break down the alleged £170 debt 

​2 - Am I to understand that anything above the £100 stated is the sum "Debt Recovery Cost"?

3 - With regard to the principal alleged PCN sum: Is this damages, or will it be pleaded as consideration for parking?

Coupon-mad

We've seen that place before and on a thread a few months ago I described those signs and lines as the worst no stopping zone I'd ever seen. Looks the same.

I might be recalling it wrong: is it in Leeds, with a blue 'Tesco open as usual' sign on the right?

Where exactly?

KeithP

Coupon-mad said:

Where exactly?

Here's the GSV link...
          https://maps.app.goo.gl/UqsUhGTDnk2e4kJz5

Coupon-mad

Thanks.

Same place but for the life of me, I can't find the other thread!

We had this image last time:

leedsleedsleeds123

Yep that's the place!

Gr1pr

Stopping is not parking,  especially for a short time 

The Jopson case may assist,  plus other judgments too

Half_way

No stopping at any time? so you couldn't stop to tie your shoelace on the handy fence?

Apart from that a No stopping order is a forbidding contract so you cant agree to do something you are not allowed to do, not to mention that the roadway is double yellow lined which allows for stopping to unload/load passengers/ goods etc

Coupon-mad

Coupon-mad said:

Thanks.

Same place but for the life of me, I can't find the other thread!

We had this image last time:

Had another search. Found it:

https://forums.moneysavingexpert.com/discussion/6554589/dcb-legal-claim/p1

@greenhowgiggle has a defended court case in progress re that joke of a no-stopping zone. Read that thread. Worst signs & lines ever.

Don't ask this:

1 - Please break down the alleged £170 debt 

​2 - Am I to understand that anything above the £100 stated is the sum "Debt Recovery Cost"?

3 - With regard to the principal alleged PCN sum: Is this damages, or will it be pleaded as consideration for parking?

Instead ask the questions you see in the LBC response in the NEWBIES thread.