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Irrelevant Defences and How To Avoid Them
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Hoohoo;
Don't forget "driving around looking for a space" is not parking and following Jopson, stopping is not parking.
IS this a legitimate defense? I am being taken to court for this reason. We weren't looking for a space but handn't parked as we were trying to obtain change from the outlets surrounding the carpark, but no one would provide change without us making a purchase0 -
IS this a legitimate defense?
I am being taken to court for this reason.
We weren't looking for a space but handn't parked as we were trying to obtain change from the outlets surrounding the carpark, but no one would provide change without us making a purchase
yes it is and it worked for ivor pecheque here which is why castle mentioned it
http://parking-prankster.blogspot.co.uk/2014/03/waiting-for-space-is-not-parking.html
maybe you should download and read the transcripts from pranksters site ? (some might be relevant , or contain parts that are relevant)0 -
IS this a legitimate defense? I am being taken to court for this reason. We weren't looking for a space but handn't parked as we were trying to obtain change from the outlets surrounding the carpark, but no one would provide change without us making a purchase
Yes - in small claims you can argue you were taking a reasonable grace period merely to comply with the terms, but could not, so you left without accepting any contract. Quote the ATA's CoP on Grace periods. You will also need more in any defence and you will see plenty of examples.
Never a one-point defence unless something is blindingly obvious like 'they had no signs up and they were ticketing on the hard shoulder of the M1' etc.!
But be aware, NEVER think it is OK to stop (you were parked...) to get change. In fact, on street, Councils do not allow time to 'get change' and it is never a valid appeal argument for a real Council PCN.
Stopped is pretty much parked, unless exempt activity is being undertaken, like helping a child or disabled passenger into/out of adjacent premises for the purpose of boarding or alighting the vehicle. Or loading/unloading where that is not disallowed.
We get people here saying 'the engine was on and someone was in the car'. Errrm, yes, so what, that is parked if it continues for more than a momentary short period. A Council would say so about a real PCN, and a County court Judge might say so too.
So be ready to argue 'grace period not applied' if it was mere minutes.PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
CLICK at the top of this/any page where it says:
Forum Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD0 -
We've received a letter today from Gladstones about paying £140 within 14 days (acting on behalf of DRP/Smart Parking Ltd.
The parking charge notice occured some years back in an Asda car park. It's a retail park with an indoor market, large Asda and number of other stores (Iceland, shoe store, phone shop, boots, matalan etc).
My wife an I were there shopping and had to feed the children in between shopping. We ate in the Asda restaurant and fed our new born, 5yr old there too as well as all the usual baby stuff like nappy changes etc.
We popped into a couple of other shops in the retail park and then left. We received a letter Parking Charge Notice sometime later and called the local Asda store who offered no support, as well as the owner of the carpark (Asda staff gave us the number). We tried calling on a number of occasions and never got through to anyone. So we simply followed advice at the time and ignored all letters.
Today we received the Gladstone letter requesting us to pay £140 or face going to court.
What are the next steps? Will this result in going to court? What are the chances of us winning if it does?0 -
We've received a letter today from Gladstones about paying £140 within 14 days (acting on behalf of DRP/Smart Parking Ltd.
The parking charge notice occured some years back in an Asda car park. It's a retail park with an indoor market, large Asda and number of other stores (Iceland, shoe store, phone shop, boots, matalan etc).
My wife an I were there shopping and had to feed the children in between shopping. We ate in the Asda restaurant and fed our new born, 5yr old there too as well as all the usual baby stuff like nappy changes etc.
We popped into a couple of other shops in the retail park and then left. We received a letter Parking Charge Notice sometime later and called the local Asda store who offered no support, as well as the owner of the carpark (Asda staff gave us the number). We tried calling on a number of occasions and never got through to anyone. So we simply followed advice at the time and ignored all letters.
Today we received the Gladstone letter requesting us to pay £140 or face going to court.
What are the next steps? Will this result in going to court? What are the chances of us winning if it does?
This thread is about the right and wrong ways to defend a small claims court case, not about individual parking tickets.
Please read the Sticky thread for NEWBIES then start your own thread if you need further help.
By the way, the advice to ignore has not been given on this site since the law changed in 2012.I married my cousin. I had to...I don't have a sister.
All my screwdrivers are cordless."You're Safety Is My Primary Concern Dear" - Laks0 -
Read what's already in the forum:We've received a letter today from Gladstones about paying £140 within 14 days (acting on behalf of DRP/Smart Parking Ltd.
The parking charge notice occured some years back in an Asda car park. It's a retail park with an indoor market, large Asda and number of other stores (Iceland, shoe store, phone shop, boots, matalan etc).
My wife an I were there shopping and had to feed the children in between shopping. We ate in the Asda restaurant and fed our new born, 5yr old there too as well as all the usual baby stuff like nappy changes etc.
We popped into a couple of other shops in the retail park and then left. We received a letter Parking Charge Notice sometime later and called the local Asda store who offered no support, as well as the owner of the carpark (Asda staff gave us the number). We tried calling on a number of occasions and never got through to anyone. So we simply followed advice at the time and ignored all letters.
Today we received the Gladstone letter requesting us to pay £140 or face going to court.
What are the next steps? Will this result in going to court? What are the chances of us winning if it does?
http://forums.moneysavingexpert.com/showthread.php?t=5603599
No next steps, relax.
HTH - PLEASE NO RANDOM REPLIES HERE UNLESS TALKING ABOUT DEFENCE 'SPECIFIC THINGS TO AVOID'.
NO QUERIES!!PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
CLICK at the top of this/any page where it says:
Forum Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD0 -
Are there any known defences regarding paying for a ticket and being held from getting back to the car by a certain amount of time within the hour?
I'm struggling to find one, and I'm struggling to find a defence as it was a work commitment (the driver is a musician and couldn't leave earlier due to other things over running). After already buying a ticket, it seems as though the driver has entered into a contract with the parking company, but I can't find any threads to defend this kind of case (against Gladstones with SIP Parking), as they all suggest illness or traffic to be a problem, this however was work related?0 -
thismakemesad wrote: »Are there any known defences regarding paying for a ticket and being held from getting back to the car by a certain amount of time within the hour?
I'm struggling to find one, and I'm struggling to find a defence as it was a work commitment (the driver is a musician and couldn't leave earlier due to other things over running). After already buying a ticket, it seems as though the driver has entered into a contract with the parking company, but I can't find any threads to defend this kind of case (against Gladstones with SIP Parking), as they all suggest illness or traffic to be a problem, this however was work related?
Please read Post 16 and act on it!0 -
thismakemesad wrote: »Are there any known defences regarding paying for a ticket and being held from getting back to the car by a certain amount of time within the hour?
I'm struggling to find one, and I'm struggling to find a defence as it was a work commitment (the driver is a musician and couldn't leave earlier due to other things over running). After already buying a ticket, it seems as though the driver has entered into a contract with the parking company, but I can't find any threads to defend this kind of case (against Gladstones with SIP Parking), as they all suggest illness or traffic to be a problem, this however was work related?
Nonsense. Nearly every thread on here regardless of the situation is always brought back to the legalities rather than the situation.
Yours sounds like a simple overstay so can i suggest you read the NEWBIES sticky thread at the top of the page (like every other user is requested to do). You will also find it useful to read FULL threads to do with overstays and see what advice is given in those, yours will be no different at all no matter how much you convince yourself it is. If you need specific advice following a bit more reading start your own thread rather than tagging onto an unrelated post such as this.0 -
How do I start my own thread? Really struggling to figure all this out.0
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