Popla appeal unsuccessful...Civil Enforcement

Coupon-mad

vicki1930 wrote: »

The CEL rep didn't put up a fight! I will let you have the details in
the next few days...thanks for all of your help throughout this...much
appreciated

Yes please, can we have a detailed report please, blow by blow, especially:

- which court and Judge's name?

- describe the other side's rep, what were they like, what did they say, and describe their face when they knew they'd lost (chewing a wasp?) and how they threw their toys out the pram when you also went for costs...

vicki1930

Great Grimsby County Court

Deputy District Judge Armitage

I arrived at the Court together with my step daughter and we were signed in by the usher...I signed in as Lay Rep and the usher said he would let the judge know. There were quite a few people waiting to be called in and we were looking around trying to work out who CELs rep might be...there was a young girl sat across from us and my step daughter noticed she had the same paperwork as us. She smiled but made no attempt to speak to us.

We didn't wait long and were called through. The judge introduced himself and asked me if I was aware of what being a lay rep entailed...he then said CEL would give their evidence and then us and we could then ask any questions and then he would give his judgment.

The paralegal representing CEL said that although they were aware that the defendant had bought and paid for a ticket (they had even provided the photograph of her car entering and leaving the car park and a copy of the ticket paid for, as part of their WS...which was good of them ��) she had breached the terms of the signage by not entering her full registration number. The judge said but she clearly bought and paid for a ticket and the rep said yes I can't argue with that...she said she had only been given the file that morning and couldn't really argue against that.

The judge asked my stepdaughter a few questions about where the signs were in relation to the ticket machine and if she was given any prompts after she had put her money in in respect of needing to enter the full registration number. He then asked if I wanted to say anything...I started to speak but didn't get too far into our defence before he said I could pick it back up at the end if I wanted to as he was going to give his judgment.

He said that he was satisfied that the defendant was honest and her evidence in respect of the car park layout was correct...he also said he was very impressed with our paperwork ...he thanked the CEL rep for being sensible that morning, and then dismissed the claim as unreasonable. He then said it was up to the courts discretion as to costs and did I want to say anything as to why he should award them...I spoke to the CEL rep and said that if they had concluded the matter once the ticket proving payment had been produced, then they would not have incurred any further costs and we wouldn't be sat there. Again, their rep agreed! The judge said he agreed and would award the costs in the sum of £80 to be paid within 14 days.

On leaving the court, the CEL rep congratulated us!! She then said she had driven from London and now had to drive back!!

It was very odd that they had gone so far with it and then didn't put up any fight whatsoever on turning up at court.

Obviously no payment has been received from CEL in respect of the costs!

BrownTrout

Good to hear. well done
You have to wonder what filtering parking companies do on cases.

Coupon-mad

Many thanks for the court report, love it! WELL DONE.

MistyZ

Congratulations!

CEL rep. sounds like a very reasonable and pleasant individual, probably collects a nice fee but seemed to know she was representing muppets. I guess CEL only sent her in the hope that you were woefully ill-prepared or didn't show up(?). I hope she gets some decent clients soon.

Anyone who is scared of the court stage should read this thread.

Umkomaas

Coupon-mad wrote: »

Many thanks for the court report, love it! WELL DONE.

You seem to have missed putting your your court success marker on this one CM. No worries!

ANOTHER ONE BITES THE DUST.

Well done OP on a great win. CEL rarely put in any appearance in court, so funding someone to drive all the way from Grimsby to London with only a few hours to brief up seems rather strange.

Then (despite her being pleasant to the OP), from a CEL point of view, turns out to be a pretty hopeless advocate. More money wasted, but a couple of extra tickets issued today will soon cover CEL losses on this one.

KeithP

Umkomaas wrote: »

You seem to have missed putting your your court success marker on this one CM.

Post #98.

beamerguy

vicki1930 ..... WELL DONE:beer:

CEL are in desperate need for a mental health check as they are quite mad ....... fancy sending someone from London to Grimsby for £100 ????

A case to refer to in future if CEL come up with this rubbish again.

If they don't pay, send in a court bailiff to collect ..... it will cost them even more.

What a bunch of nutters CEL are :rotfl:

Umkomaas

KeithP wrote: »

Post #98.

Lots of dust being bitten on this one! Oops.

vicki1930

CEL paid the costs