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    • love the extra £1000 charge for confidentialy there BF   Also OP even if they don't offer OOC it doesn't mean your claim isn't good. I had 3 against EVRi that were heard over the last 3 weeks. They sent me emails asking me to discontinue as I wouldn't win. Went infront of a judge and won all 3.    Just remember the law is on your side. The judges will be aware of this.   Where you can its important to try to point out at the hearing the specific part of the contract they breached. I found this was very helpful and the Judge made reference to it when they gave their judgements and it seemed this was pretty important as once you have identified a specific breach the matter turns straight to liability. From there its a case of pointing out the unlawfullness of their insurance and then that should be it.
    • I know dx and thanks again for yours and others help. I was 99.999% certain last payment was over six years ago if not longer.  👍
    • Paragraph 23 – "standard industry practice" – put this in bold type. They are stupid to rely on this and we might as well carry on emphasising how stupid they are. I wonder why they could even have begun to think some kind of compelling argument – "the other boys do it so I do it as well…" Same with paragraph 26   Paragraph 45 – The Defendants have so far been unable to produce any judgements at any level which disagree with the three judgements…  …court, but I would respectfully request…   Just the few amendments above – and I think it's fine. I think you should stick to the format that you are using. This has been used lots of times and has even been applauded by judges for being meticulous and clear. You aren't a professional. Nobody is expecting professional standards and although it's important that you understand exactly what you are doing – you don't really want to come over to the judge that you have done this kind of thing before. As a litigant in person you get a certain licence/leeway from judges and that is helpful to you – especially if you are facing a professional advocate. The way this is laid out is far clearer than the mess that you will get from EVRi. Quite frankly they undermine their own credibility by trying to say that they should win simply because it is "standard industry practice". It wouldn't at all surprise me if EVRi make you a last moment offer of the entire value of your claim partly to avoid judgement and also partly to avoid the embarrassment of having this kind of rubbish exposed in court. If they do happen to do that, then you should make sure that they pay everything. If they suddenly make you an out-of-court offer and this means that they are worried that they are going to lose and so you must make sure that you get every penny – interest, costs – everything you claimed. Finally, if they do make you an out-of-court offer they will try to sign you up to a confidentiality agreement. The answer to that is absolutely – No. It's not part of the claim and if they want to settle then they settle the claim as it stands and don't try add anything on. If they want confidentiality then that will cost an extra £1000. If they don't like it then they can go do the other thing. Once you have made the amendments suggested above – it should be the final version. court,. I don't think we are going to make any more changes. Your next job good to make sure that you are completely familiar with it all. That you understand the arguments. Have you made a court familiarisation visit?
    • just type no need to keep hitting quote... as has already been said, they use their own criteria. if a person is not stated as linked to you on your file then no cant hurt you. not all creditors use every CRA provider, there are only 3 main credit file providers mind, the rest are just 3rd party data sharers. if you already have revolving credit on your file there is no need to apply for anything just 'because' you need to show you can handle money. if you have bank account(s) and a mortgage which you are servicing (paying) then nothing more can improve your score, despite what these 'scam' sites claiml  its all a CON!!  
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Can I park here?


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A couple hundred yards walk to work, I have found a spot of waste ground, just big enough for my car. The road next to the ground has a single yellow line, which I have to drive over to park on the ground. So the question is: While I mustnt park on the road side of the yellow line, is it an offence to park inside it?

 

Obviously, the waste ground would belong to someone. So assuming I cant get a PCN, What happens if I park on the waste ground?

Its WAR

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Yes somebody will own it and you run the risk of being clamped or towed

 

Only if it is signed.

 

I reckon if it is land to which the public has access you can still get a PCN.

********************************************

Nothing in this post constitutes "advice" which I may not, in any event, be qualified to provide.

The only interpretation permitted on this post (or any others I may have made) is that this is what I would personally consider doing in the circumstances discussed. Each and every reader of this post or any other I may have made must take responsibility for forming their own view and making their own decision.

I receive an unwieldy number of private messages. I am happy to respond to messages posted on open forum but am unable to respond to private messages, seeking advice, when the substance of that message should properly be on the open forum.

Many thanks for your assistance and understanding on this.

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Well it could be a contravention (not an offence) if it's a verge or you park too close to the other side of the line. The yellow lines cover the area extending outwards too, although not if it's private land (usually).

 

They can't clamp/tow if there are no signs. But then it's not unknown for them to turn up with signs and then clamp.

 

A photo would be useful.

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A PCN can't normally be issued on private land.

 

However - If the land would appear to a passer by to be openly accessible - if it looks like part of the footpath, or if it looks like a verge which anyone could walk on etc, then it will probably be viewed as part of the highway rather than a private area.

 

The yellow line extends across the whole highway, including carriageway, path and verge, up to the building itself - so if you park on (what seems to be) the highway, with a yellow line in play, the restriction applies and a PCN can be issued.

 

Only you know what the site looks like - you'll need to use your judgement. Of course if you want to put photos on here, it will help someone advise.

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OK. I will park on it tomorrow and see. It will take a couple days to take pics in daylight. So I will figure out how to post these (I dont know how to post pics). Try a google earth ref 51 00 38.87N,3 05 52.48W and you get a good idea. Its a triangle and you can see the yellow line.

Its WAR

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GOT A PCN for parking on it today. Code 1 Parked in a restricted street during prescribed hours.

 

The area definately looks more like a a bit of waste land, or unmaintained lay by. Certainly not at all part of the highway. If it were highway, I would have expected the area to have been tarmaced and the yellow line curving into it not cutting across it. The area is not attached to a verge, pathway or pavement.

 

I will take a pic tomorrow.

 

As to the appeal. I can make an informal appeal and may get let off. But that is unhelpful as I really want to get to a formal appeal and win, assuming if I win, I will be able to commence parking there in the winter.

 

So I need an interesting defence. The appeal will of course be based on the premise that the contravention did not occur.

 

The area certainly is ambiguos.

Its WAR

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Is this it.....???

 

googleEarth.jpg

 

Doesn't look in anyway or shape to be waste ground to me?? :confused:

It's right next to the road...

The yellow line (IMO) would extend back to it.

 

As for prescribed hours, what does the time plate say ?

 

Could also be done for parking to close to a junction?

Causing an unnecessary obstruction??

Someone more knowledgeable will advise, I'm sure..!

Edited by diskmandave
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A yellow line whether single or double applies to a "side of a length of road" not the whole carriageway or highway and not necessarily as commonly believed, from the centre of the carriageway to the highway boundary. As "roads" come in different shapes and sizes a "side" of road does not necessarily begin smack bang in the centre of the carriageway but rather where ever the middle of the "road" happens to be. Depending on the geography of a road it is possible that the carriageway could all be on one side of a road with a large verge on the other side.

 

http://www.opsi.gov.uk/si/si2002/023113ba.gif

 

As it applies to a side of road you need to be aware of what is considered as road.

 

Road is defined as any length of highway or of any other road to which the public has access and includes bridges over which a road passes. (Section 142 of the Road Traffic Regulation Act 1984).

As it is any length of "highway" you need to establish what is considered as highway.

Highway is defined as a way over which all members of the public have the right to pass and re-pass without hindrance. (Common Law applies as it is not to be found to be defined in statute)

Adjudication cases have determined that ownership of the land does not determine whether land can be considered as highway. It hinges on whether the public are able to pass and repass over the land without hindrance such as fences or other obstacles.

From what you describe I would say you were parked on public highway as you drove onto and off the land without any hindrance.

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Great pic. Yes the area is where detailed, just underneath the curve of the dotted line. You can just see the yellow line cutting straight across the triangle. The yellow line continues into the square tarmac section of dead end road to thr right of the curve, and back down the other side of the road in one continuous sweep. The space I parked on is a muddy entrance to an overgrown farm gate. It doesnt look maintained or adopted.

 

It never occured to me that you could not park inside a yellow line. So I am not encouraged by the above two posts. As for driving onto it without hinderance, it was just the same as driving onto a layby, or passing place in a country lane. Why wouldnt the yellow line have been painted into the space rather than cutting it off? Probably because its just a muddy area and looks nothing like the road.

 

I will still try to put up a photo tomorrow. There are a few small yellow time plates banning parking between 8am and 6pm. One of them is on a tree inside the area concerned.....oooops!

Edited by Its WAR

Its WAR

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