Fighting Back, court cases and so on...

NewBoy_2

Hi

I posted on pepipoo, originally with a query but subsequently with the court papers when they arrived months after. I then pm'd Alexis given advice from one of the other forum members. He's been nothing short of amazing tbh and if I get the result I hope then will owe him massively.

If he reads this then he'll know who I am as Ive been in touch since with updates. I don't want to say too much on here yet as these barstewards read these forums. I will in due course and I've no doubt Alexis will vouch for me if/when he reads this (hi Alexis, it's me from Bombardier!).

give_them_FA

Why aren't you going for harassment if you have the evidence? Being dragged into court for that- alongside the car park owner who will probably sack them- is every PPCs worst nightmare. It would force them to rethink their bully-boy gameplan.

NewBoy_2

give_them_FA wrote: »

Why aren't you going for harassment if you have the evidence? Being dragged into court for that- alongside the car park owner who will probably sack them- is every PPCs worst nightmare. It would force them to rethink their bully-boy gameplan.

Well it's part of my defence as their threatening letters go squarely against OFT guidelines. However, my main concern on the day is proving that I have not acted unreasonably (thus not being liable for the extortionate legal fees) and the usual ticket being a penalty etc.

There are other factors and I will be claiming for other things so don't want to go to town on it tbh. I don't want the judge to look at me like I'm after anything more than what I feel is right. I realise that harrassment is perfectly valid but at this stage (it's been going on for over 12 months now) I just want to get it over and not get too bitter/twisted in the process.

What I will say is that, despite all of the great advice, TV programmes, history of cases going the defendent's way etc. you still need a strong stomach to see it through. As a regular guy, the prospect of going to court isn't particularly appealing and this is what they (the parking companies) work so hard on. Until the judge makes his decision I'm not taking anything I've read for granted so there's still a part of me that is worried it could swing the other way, if the judge happens to have an off day.

Being self employed I will have lost a disproportionate amount of money just to get this far (in time off) so were it not for the principle, would have been far more cost effective to pay the fee. However, I'm not bending over so easily so they will have to face me in court so we can both hear what the judge has to say.

peter_the_piper

Congrats on getting this far and very wise to keep it all off page as they have used copies of internet discussions in court which may colour a judges view.

give_them_FA

Fair enough. You can always raise a claim for harassment as a separate issue later.

NewBoy_2

Thanks guys

I will definitely post all details after the event and apologise for being so vague to date.

I've not completely ruled out the harrassment thing but will see on the day. If the judge asks then I will tell the truth and that it's not been without the odd sleepless night and undue worry/stress.

At the moment I'm in a calm place but could all change on the run up :mad:

Coupon-mad

NewBoy wrote: »

Hi

I posted on pepipoo, originally with a query but subsequently with the court papers when they arrived months after. I then pm'd Alexis given advice from one of the other forum members. He's been nothing short of amazing tbh and if I get the result I hope then will owe him massively.

If he reads this then he'll know who I am as Ive been in touch since with updates. I don't want to say too much on here yet as these barstewards read these forums. I will in due course and I've no doubt Alexis will vouch for me if/when he reads this (hi Alexis, it's me from Bombardier!).

Strange case. Why has it gone to Court? And how come you have now come here?

Odd.

NewBoy_2

Coupon-mad wrote: »

Strange case. Why has it gone to Court? And how come you have now come here?

Odd.

It's gone to court because the PPC wants to make an example of me and is confident that they will win I guess.

I'm on here as I've been lurking and reading a load of these posts. Richard had a genuine query and it sparked me to respond.

I can see how you think it's odd but I'm 100%, otherwise I wouldn't be telling Richard that the advice on Pepipoo and here is sound. I just thought by adding my 2p that it would help answer his question from someone that's going through it.

What I would like to see on here eventually is a sticky that lists the threads/links where the public have won legitimate cases in a small claims court. There is scant info out there but it hasn't been collated. Maybe there's a good reason for this but I'm not currently aware of any laws saying that you cannot advertise the details of a hearing on the internet (although I stand to be corrected of course).

From my personal experience it's been difficult sticking it out this long and not being able to find a solid database of cases that give the defendant hope/confidence/examples that it's worth taking it to the end. The advice I've read/received so far has been astounding but unless you can see the results it's easy to get taken in by the stooge jobs and trolls that come on here telling people that joe public doesn't stand a cat in hells chance of winning. In some ways I'm confident but there's a part of me that's crapping myself.

However, I find some comfort in the fact that my opponent is also crapping himself.