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2 Weeks before CCJ is permanent! TPS DCB Legal.

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Comments

  • Coupon-mad
    Coupon-mad Posts: 153,846 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 13 August at 4:00PM
    OK, so state that the signage is ambiguous; you just need to search the forum for those words plus the word 'defence' to find that point already written a thousand times!

    Copy & adapt what your results show you.
    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
  • Had a little more time to focus on this. How's this:

    I contest this penalty on the grounds that the signage was inadequately lit, ambiguously worded, and printed in a font too small to be easily read, particularly in low-light conditions. The information provided did not clearly outline the parking restrictions in place after 9 p.m. During the day, customers are permitted a two-hour stay until 9 p.m., which I reasonably interpreted as the store’s trading cut-off time, after which parking demand ceases. I arrived shortly before 8 p.m., well within the two-hour limit, and at no point was it made clear that the standard allowance did not apply in this instance. In most comparable car parks, parking is free after trading hours, and the lack of any explicit notice to the contrary creates a reasonable expectation of the same here. If parking is prohibited at any time, clear, prominent, and unambiguous signage — or a physical barrier — should be in place to prevent inadvertent violations by law-abiding members of the public.
  • Le_Kirk
    Le_Kirk Posts: 24,761 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    It is not a penalty.  Is that your defence paragraph #3?  Are you intending to slip that into the defence template?  Does your paragraph #2 end with Registered Keeper but not the driver  OR Registered Keeper and driver?  Defences are written in the third person, therefore "the defendant" not "I". Have we seen the POC on the claim form?
  • I have been identified as the driver. I have changed the recommendations and put into 3rd person for my 3rd paragraph.
  • Coupon-mad
    Coupon-mad Posts: 153,846 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Oh you are meant to be using the 'special para 3' defence for cases where no breach is pleaded.

    Linked in the Template Defence thread, twice!
    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
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