Defence draft. Advice welcome.

Djyamo · 1 July at 10:58PM

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."

Coupon-mad · 1 July at 11:22PM

This is madness! They can't issue a PCN for this, so you'll win or they'll discontinue.

"There were no available car parking spaces, so the vehicle was temporarily stopped here, whilst a car reversed out of a space."

Why is your facts section para 4? Using the Template Defence, it should be para 3 or 6 depending on whether you are using the special starting section with Chan & Akande.

Which solicitor firm? Which PPC?

Show us the POC please.

Djyamo · 1 July at 11:43PM

Is that what you meant?

Image: https://us-noi.v-cdn.net/6031891/uploads/editor/l1/sdu9gfw69ldb.png

Coupon-mad · 1 July at 11:46PM

29th May? I hope you have done the AOS?!

Why is your facts section para 4? Using the Template Defence, it should be para 3 or 6 depending on whether you are using the special starting section with Chan & Akande.

Djyamo · 1 July at 11:49PM

Yeh, i did it on the 6th June and it was acknowledged on the 9th.

I have been back through and adjusted it all so it's para 3.

Coupon-mad · 2 July at 12:21AM

OK, good. Typo here: 'Homegaurd'.

And from the Template, I'd remove ALL the stuff about the DLUHC and the draft IA - it's getting old and I will be removing it from the template in a few days.

Le_Kirk · 4 July at 2:04PM

Is this in relation to your other threads? You don't need to start another thread every time you think of a question, just use the one that is open!

Djyamo · 14 July at 2:02PM

How long would it normally take for me to receive a reply? I sent the defence in on the 2nd July. Will I hear by email or will it be a letter? If an email, what email address would it come from?

Thanks fpr your help.