Graham White/Sobell full court transcript

Scouse_Magic

This recent court case is now available on CAG under the title 'Successful defence to private parking charge'......With thanks to ims21 (site team) for posting this for me...........Enjoy

The_Slithy_Tove

Here it is. You need to log in to see the documents.

Coupon-mad

Can't log in as I hate the regime on CAG. Left ages ago and account has closed.

Stroma

Me neither as not a member. You should know though roxburghe has divorced Sobell and graham white , they use another company now

kirkbyinfurnesslad_2

Love it.

Mr Sobell: I said there is no evidence that it was not in the car park on the 10th and the
29th May, but there is evidence, from both Mr Doe and Mr Futter, that it was there on
those dates. I have produced evidence to show that Ms Fever gave evidence, or made
phone calls to Roxburghe that although she was the keeper of the vehicle the owner of
the vehicle was Mr Fever and he was the driver at the time and he works for the
hospital. It’s true, Mr Fagan can nit pick, but the fact is that he works for the hospital,
he parked in the, he parked in the car park without a permit and tickets were issued
accordingly. I’d like also to mention the escalation, because, so far as Mr Fagan is
concerned, if anybody escalated this it was he. He has made ludicrous phone calls to
Roxburghe, making obscene phone calls to rather innocent telephone operators and
having himself videoed and putting it on YouTube and then inviting the whole of the
internet to look at the, the YouTube video, videos. This caused far greater escalation
than anything else would have done. So far as the appeal procedure is concerned, the
East Kent Hospital has a procedure for appeals, but neither Ms Fever nor Mr Fagan
made themselves, availed themselves of that appeals procedure and it therefore passed
in time. By the time that the tickets had been passed to Roxburghe the appeals
procedure was closed. East Kent have complied with the BPA code and so has
Roxburghe. I dispute that this is a, a, a, an abuse of the procedure, of legal procedures.
Everything has been done in order to allow Ms Fever or, and/or Mr Fagan to make the
payment that was due and they have not done so. Mr Fagan, working at the Hospital,
was well aware of the notices and signage that is displayed. Was well aware of the
terms of parking in the car park and decided not only in respect of these two tickets, but
in a respect of a number of others, however that have not been, were not subject to these
proceedings, continued to park in contravention of the signage because it suited him.

Umkomaas

'Time to go home, time to go home, Andy and Teddy are waving goodbye' :rotfl:

Jeez, I'm showing my age. (Andy Pandy c1955), mind you Sobell was in his teens then, me - still in nappies

bargepole

It's a great read, and well done to S-M for taking on Roxburghe and the ancient Mr Sobell.

Having said that, I don't think it will help much with current cases, because this one is unusual in that the "evidence" submitted by East Kent NHS was clearly flawed, with wrong dates and times which were completely different to the ones given on the Particulars of Claim.

Faced with such rank incompetence on the part of the Claimant, it was a no-brainer for the Judge to find in favour of the Defendant, without needing to consider the damages under breach of contract aspect.

Nice to get £129 costs out of them, as well.

Scouse_Magic

bargepole wrote: »

It's a great read, and well done to S-M for taking on Roxburghe and the ancient Mr Sobell.

Having said that, I don't think it will help much with current cases, because this one is unusual in that the "evidence" submitted by East Kent NHS was clearly flawed, with wrong dates and times which were completely different to the ones given on the Particulars of Claim.

Faced with such rank incompetence on the part of the Claimant, it was a no-brainer for the Judge to find in favour of the Defendant, without needing to consider the damages under breach of contract aspect.

Nice to get £129 costs out of them, as well.

Hi and thanks to all for their kind words...Hope you enjoyed the scenario although somewhat nostalgic... my partners case was even funnier :T:T:T

kirkbyinfurnesslad_2

Scouse are u getting the transcript for that one to?

Scouse_Magic

kirkbyinfurnesslad wrote: »

Scouse are u getting the transcript for that one to?

Hiya, we already have the transcript & judgement for this one too ! unfortunately, for legal / personal reasons, it cannot be posted yet...

The crux of the case was this..After losing miserably to me, Roxburghe / sobell suddenly realised they were in the same court again with my Mrs in March 2013.....The entire claim was wrong, the letters from Roxburghe related to two vehicles and the particulars of claim related to one vehicle for the same dates. (Bear in mind I received a cheque from Roxburghe after mine.)

A counter claim was submitted so the case was going ahead regardless.. Mr Sobell tried to drop the case, but the Judge stated that he never used the correct court form or compensated the defendant up to that point.

When the bundle arrived at GW 14 days before, Sobell faxed the court asking for an adjournment due to being hospitalised... The Judge refused stating that "Even if he was the only solicitor at GW he should appoint counsel." The judge left a message on GW answer machine.

Sobell had also sent a bog standard template letter before claim to my Mrs stating "She had admitted to being the driver and had not paid despite offering to pay".

Just to wet your appetite, here's some of the Judge's comments at the hearing...


JUDGE "The Claimant not withstanding being advised by the Court that the application to adjourn was not being granted, makes no appearance or indeed any communication with the Court whatsoever. My reaction to that is that any firm of solicitors, and it may well be that Mr Sobell is the only solicitor employed by that firm, but not withstanding that, any solicitor in practice engaged in litigation
who simply fails to attend Court, does not take notice of a message that was left on his firm’s answering machine, even if he is hospitalised, as per the 15th March application avers, must have some administrative staff to ensure that whilst he is personally unable to work, that the work is going to be covered. The world does not stop simply because a solicitor goes into hospital.
And I am not impressed by the absence of any response to the telephone message that was left and the fact that he even thought it was appropriate to apply for an adjournment in the first place when it would have been easy to engage either another solicitor by way of an agency agreement or simply to instruct counsel to attend on behalf of the client".


JUDGE " The second complaint that Miss Fever makes is that in the letter before the claim and this is from Graham White Solicitors, the letter dated the 23rd October 2012, it says this:


“Registered keeper details were obtained from the DVLA and my
client wrote to the registered keeper requesting either payment or
details as to who was driving the car at the time of the
unauthorised parking events. During various recorded
communications between the registered keeper, you, and my client
you have admitted to being the driver at the time of these events.
Both my client and my firm have written to you on several
occasions to request payment of the above debt and to date you
have not paid despite offering to pay.”


Well, those two assertions are clearly both wrong. And it is a matter of concern that a solicitor would write to a Defendant setting out not one but two grossly inaccurate assertions".






My Mrs was awarded Judgement for £235.00 and £180.00 costs.


Mr Sobell, Presumably from his hospital bed requested permission to appeal the judgement which was declined..."There being no realistic prospect of success."


My Mrs wrote to Roxburghe / GW asking for payment as a warrant of execution was being issued (Dont forget Roxburghe paid me.) They ignored her. The Hospital paid in the end, so double standards by Roxburghe me thinks :j:j:j:j:j:j

Iceweasel

Just goes to show that some folks don't know when they are beat.

I have a case (non-motoring) ongoing since May 2011 and we are now waiting to see if the authority I'm claiming against are going to make a further appeal.

They have appealed 3 times already and lost.

Perhaps it'll land up in the House of Lords or perhaps The Hague. LOL