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    • Thank you all for your input so far. I have now received a letter back from my CPR 31.14 stating 'CPR 31.14 is not relevant to small claims matter, pursuant to cpr 27.2......we are under no obligation to disclose the documentation at this stage.' I assume this response is expected?   I have reworded my defence and made it more succinct, I'm not sure what else I could add?   1. Due to the sparseness of the particulars, it is unclear as to what legal basis the claim is brought, whether for breach of contract, contractual liability, or trespass. However, it is denied that the Defendant, or any driver of the vehicle, entered into any contractual agreement with the Claimant, whether express, implied, or by conduct.   2. It is admitted that the Defendant was the registered keeper of the vehicle in question. However, the defendant has no liability as they are the Keeper of the vehicle, and the Private Parking Company has failed to comply with the strict provisions of PoFA 2012 to hold anyone other than the driver liable for the charges.   3. Signage at the site is not sufficient. A sign is present on the left hand side of the entrance, away from the driver, and therefore cannot be easily read by the driver of a passing vehicle. On closer inspection this sign states ’Refer to the full Terms & Conditions signs located throughout the car park’. Signs are located so that information is often obscured by other parked cars and is difficult to read. These signs state ‘Entry to or use of this privately operated and managed car park is subject to the current terms and conditions of vehicle control services ltd. Motorists/persons utilising this car park hereby accept in full the terms and conditions.’ Therefore, the driver is deemed to have agreed to the terms and conditions by having entered the car park before knowing what those terms and conditions are. The elements of offer, acceptance and consideration both ways have therefore not been satisfied and so no contract can exist.   4. The claim contains a substantial charge additional to the parking charge which it is alleged the defendant contracted to pay, This additional charge is not recoverable under the protection of freedoms act 2012, Schedule 4 not with reference to the judgement in parking eye v Beavis. It is an abuse of process from the claimant to issue a knowingly inflated claim for an additional sum which it is not entitled to recover. This order has been made by the court of its own initiative without a hearing pursuant to CPR Rule 3.3(4) of the civil procedure rules 1998    In summary, it is the Defendant's position that the claim discloses no cause of action, is without merit, and has no real prospect of success. Accordingly, the Court is invited to strike out the claim of its own initiative, using its case management powers pursuant to CPR 3.4. 
    • On side note: I have notice that many people without the skills to argue their point, accuse others of being rude, racist, sexist, homophobic etc. I.E. Excuse me, i don't have a receipt for this refund, but i have my bank statement,  can i get a refund? -No, no receipt no refund - But your policy and the law says "proof of purchase" not "receipt " - You're rude/racist/homophobic, you must leave now or i call security.    I see this happening day in day out. Even kids do it, they're very quick at gaining a crowd's attention by shouting "racist/homophobic" so they can feel they've won the argument.  Sad.  
    • The advice is: make a complaint and get a refund. Then make another complaint about the inspectors attitude if you want, but changing the world is something that it's not going to happen, surely not for an excess fare. Inspectors are given discretion and unfortunately some of them take this as a sign of power over other people. It's impossible to sack all people who have a little position of power and employ more, hence the complaint system.  That's life and as .much as everyone of us want to improve it, it's an impossible task, so don't waste your time and brain on it. Just accept that there are things you can't change.  Get your refund, get your apology, then move on. That's my advice.
    • Hi.   I've removed part of the account number to keep this anonymous for you.   Have npower done what the ombudsman said?   HB
    • Read our customer service guide.   You've been here since 2012
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Starbug

Double yellow lines on one side - can I park on the other side?

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Hi, in my area the council have just painted double lines on one side of my road. The road is fairly narrow, but there was room for people to park close to the wall and other cars could still get past. However, they've now put double yellow lines down the side where people used to park.

 

It dawned on me that I could simply park on the other side of the road, would I be correct in assuming this? Or do the lines apply to both sides?

 

I've been looking everywhere to try to find out this regulation but can't find any info at all. So if any of you know the answer that'd be great. I can provide photos if that'd help?

 

Thanks.

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In principle, the yellow line restriction only extends to the centre of the carriageway, so yes you can park on the other side without contravening them.

 

You would have to decide whether there are other issues to consider, like visibility, proximity to junctions, etc. Also, there's a reason why yellow lines are installed and if parking there is causing problems to others, getting around the regulations that way might not be the most considerate course of action. How's access for fire engines for example?

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Bear in mind also that where there is a double WHITE line system in place down the centre of the road, it is illegal to park on either side, whether there are yellow lines or not

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In principle, the yellow line restriction only extends to the centre of the carriageway, so yes you can park on the other side without contravening them.

 

You would have to decide whether there are other issues to consider, like visibility, proximity to junctions, etc. Also, there's a reason why yellow lines are installed and if parking there is causing problems to others, getting around the regulations that way might not be the most considerate course of action. How's access for fire engines for example?

Thanks for the reply. The road is wide enough for cars to pass, so I should be ok to park there as I'd definitely not be over the middle. It is a narrow road though, so heavy goods vehicles would struggle to get past. Although it's a dead end here, we don't get much traffic.

 

The yellow lines have mainly gone up due to the inconsiderate parking of others. They park too near the end of the road, where it narrows even more, causing people to scrape their cars when they go past. As usual, the inconsiderate few ruined it for the rest of us.

 

If I were to park here it'd be as a last resort, when I couldn't find a space anywhere else. And it'd be on the wider part of the road, so I'm not causing an obstruction. I just wanted to know where I stood, in case I got a parking ticket. I've fought 3 so far and won 2, so I'm not afraid to go the full distance should I get a ticket. Our local council are ****, and have added in new regulations that are killing the town centre trade. So part of me feels like parking there and getting a ticket every day for a year, just so that I can fight it and cost them. But I'm not that petty, I just wish that councils would make it easier for shoppers to park, as it'd boost local businesses.

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Bear in mind also that where there is a double WHITE line system in place down the centre of the road, it is illegal to park on either side, whether there are yellow lines or not

Thanks for the info. There's nothing like that here, it's just a narrow road with a dead end. Wide enough for cars to pass, but when I park here I always fold my mirror flat as it gets pretty tight.

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It sounds like they deliberately painted just one side. They could have restricted both sides if they'd wanted. You should be OK from the sound of it provided you stay wholly on the correct side of the centre of the road. If there are no restrictions, you are entitled to park there and shouldn't get a ticket.

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not a rare thing on narrowish roads, the idea is that the road doesnt become jammed because a larger vehicle cannot pass two opposing vehicles making it a slalom course.

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