Free Traffic Legal Advice
Live cases legal advice => Private parking tickets => Topic started by: luke_g1980 on May 29, 2024, 05:20:52 pm
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On what basis have you arrived at that conclusion?
The OP has not posted anything other than a NTK.
No reps, no response, no follow-up, no letter of claim and no claim.
I think my conclusion is reasonable in the circumstances.
OP, if you have a claim issued by the court then post it and then maybe we can make progress.
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1. Your topic title is incorrect. No-one is taking you to court, or at least not yet! I suggest you change it to NTK Received - What Are My Options or similar.
On what basis have you arrived at that conclusion? The incident occurred in May of last year, so it seems entirely plausible that the matter is now proceeding to court.
It would be useful to know from the OP exactly what stage of that process we are up to, however.
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OP, pl row back.
1. Your topic title is incorrect. No-one is taking you to court, or at least not yet! I suggest you change it to NTK Received - What Are My Options or similar.
2. As regards the NTK, it alleges that:
The vehicle was parked in breach of the on-site Ts and Cs;
The parking charge relates to 'a period of parking immediately preceding the Contravention time specified in the notice'.
3. The Contravention Time is given as 9.07.
4. Neither of the photos in the NTK is timed later than 8.52.33, 15 minutes before the contravention time.
5. You've posted photos in addition to those 2, but sourced from where and do they represent the total photographic evidence at this site?
6. The addressee is given as:
Redacted..
Current address unknown
Sds at Dvla
Swansea
SA99 1AN
..which means what exactly??
7. The NTK seems to be substantially compliant with the legal requirement by virtue of which the creditor may hold the keeper liable in lieu of the driver. Therefore you having tacitly stated that the keeper was the driver means that you can dispense with references to 'the driver'.
I suggest you put aside debate about what constitutes parking and get back to the nitty-gritty.
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One thing we haven't seen yet, which could be an important consideration as The Rookie has already noted, is the layout of the signage on the site, and whether it is suitably prominent.
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'I couldn't be bothered reading them as I was only going to be a few minutes' wouldn't be a suggested defence!
That hasn't been suggested as a defence.
I know, I was just giving an example.....
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'I couldn't be bothered reading them as I was only going to be a few minutes' wouldn't be a suggested defence!
That hasn't been suggested as a defence.
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What is defined as parked or waiting, how long does the car need to be stationary to be parked?
I've already given you the answer, there is no such definition, that's for the 'finder of fact' (the judge) to decide.
There was 5 minutes grace to allow you to read the signs and accept or decline them, why you were there doesn't change that directly.
Quoting from an unrelated statute for something under contract law is not going to help, you may also not be understanding the word 'left' here, it relates to the vehicle not the driver, you can leave a vehicle in one place while still being in it.
So again, you have to convince a judge (not us) that it wasn't parked such that the contract was breached OR that the signs could create no such contract either by lack of visibility (not there to be seen) or by content. 'I couldn't be bothered reading them as I was only going to be a few minutes' wouldn't be a suggested defence!
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I waited for my wife to post a parcel and was on the development for a maximum of 6 minutes as shown in the attached pictures, half of that time I was driving in, turning around and leaving the other half I was sitting in the car waiting for my wife with the engine running in the middle of the road.
What is defined as parked or waiting, how long does the car need to be stationary to be parked? I was under the impression that I was waiting and not parked because I was in the vehicle with the engine running.
The Road Traffic Act 1991 (c.40) Clause 66 states:
For the purposes of this Part of this Act, a penalty charge is payable with respect to a vehicle, by the owner of the vehicle, if—
(a)the vehicle has been left—
(i)otherwise than as authorised by or under any order relating to the designated parking place; or
(ii)beyond the period of parking which has been paid for;
(b)no parking charge payable with respect to the vehicle has been paid; or
(c)there has, with respect to the vehicle, been a contravention of, or failure to comply with, any provision made by or under any order relating to the designated parking place.
Any advice on defending this court claim would be appreciated.
Thanks!
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I didn't park my car
I was parked there for 6 minutes.
Make up your mind!
Whether the car was parked is a matter of fact for the court to decide, whether or not you got out doesn't change whether it was parked (if you sat in it for an hour would you still claim it wasn't parked?), Where the signs 'there to be seen'? If so you're expected to read them.
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Thanks, I never received a ticket on the vehicle just the attached NTK sent through the post.
I was parked there for 6 minutes.
Any help would be greatly appreciated.
[attachment deleted by admin]
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Much more info needed such as pics of the NtK. How long were you actually stopped? Read this and then come back:
READ THIS FIRST - Private Parking Charges Forum guide (https://www.ftla.uk/private-parking-tickets/read-this-first-private-parking-charges-forum-guide/)
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Hello,
I have been taken to court over a parking charge notice in a private car park.
I didn't park my car, I was dropping my wife off to post something into one of the houses on the development. I dropped her off, turned the car around and then waited for her to come back, I never turned the engine off and was in the middle of the road when waiting.
I have attached all the parking signs and pictures of my car clearly showing me dropping my wife off and then waiting for her to return.
I have argued my case with the legal representative but they are saying that I parked on the development and the signs clearly say no parking, even though I was waiting with the engine on.
If anyone can help me by advising on a defence that I can put forward that would be much appreciated.
Many thanks!
[attachment deleted by admin]