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Bargepole spanks UKPC in court

2

Comments

  • The_Deep
    The_Deep Posts: 16,830 Forumite
    Even with such help ... those that suggest they are may well be speaking rectally.

    I hope Sir that you do not include me in that number? I have been to SCC 4 times and won all of them, (one against a barrister). I have also written hundreds of submissions for Immigration Courts.

    Judges are not fools, they can smell a rat when one is put under their noses.
    You never know how far you can go until you go too far.
  • Umkomaas
    Umkomaas Posts: 43,595 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    catfunt wrote: »

    May help those in a "parking in own space" situation, and I'll put "UKPC v Davy" (slightly different, I know...) here too to help with searches on that score.

    Roger Davey case:

    http://www.consumeractiongroup.co.uk/forum/showthread.php?377246-UKPC-liable-for-trespass-**SUCCESS**
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Private Parking Firms - Killing the High Street
  • Herzlos
    Herzlos Posts: 15,982 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    The_Deep wrote: »
    The point being that small claims is a lottery.

    No a lottery is where the odds are hugely stacked against you. Not the case in a SCC if you go in well prepared and able to argue your case

    Which involves potentially hundreds of hours of research time for the lay man It's very easy for someone to mess it up, and it's very easy to just see it as being worth giving up and paying to save all the hassle. That's why the scam works. I'd be tempted to give in as well, but I'm a stubborn git.
    The_Deep wrote: »
    Even with such help ... those that suggest they are may well be speaking rectally.

    I hope Sir that you do not include me in that number? I have been to SCC 4 times and won all of them, (one against a barrister). I have also written hundreds of submissions for Immigration Courts.

    Judges are not fools, they can smell a rat when one is put under their noses.

    You are a retired foreign diplomat of some sort though? So you'll have thousands of hours of experience of this sort of thing and are well versed in legalese. If you were a window cleaner from Up Nort' then you'd be starting from a very different point. It gets even worse if you're not a native English speaker for instance.

    A lot of people getting these court summons just don't have the experience or time to deal with them properly.
  • The_Deep
    The_Deep Posts: 16,830 Forumite
    You are a retired foreign diplomat of some sort though?

    I protest, I was a British Diplomat.
    You never know how far you can go until you go too far.
  • bargepole
    bargepole Posts: 3,238 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    The_Deep wrote: »
    You are a retired foreign diplomat of some sort though?

    I protest, I was a British Diplomat.

    Which means, by definition, that you spent a large proportion of your working time dealing with foreigners on behalf of the UK. Hence the term 'foreign diplomat' is not inaccurate.

    I have been providing assistance, including Lay Representation at Court hearings (current score: won 57, lost 14), to defendants in parking cases for over 5 years. I have an LLB (Hons) degree, and have a Graduate Diploma in Civil Litigation from CILEx. However, any advice given on these forums by me is NOT formal legal advice, and I accept no liability for its accuracy.
  • Herzlos
    Herzlos Posts: 15,982 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    Exactly, I meant you were a diplomat that worked with foreigners (apologies if I upset you). I thought it was a given you worked for the British government. My point being that you'll have much more legalese experience than the average man-on-the-street.
  • beamerguy
    beamerguy Posts: 17,587 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    I think that as salmosalaris played a big part in this, credit should also be given to him as well.

    The main point being that these parking companies must be aware that there are people who reside on this forum who are fully capable of thrashing the cowboys despite companies like UKPC using stupid comments on their web site about forums
  • EdGasket
    EdGasket Posts: 3,503 Forumite
    As per comments on parking prankster, the defendant was not very worthy in this case having parked in a staff-only area. Of course we like to see parking companies get 'spanked' but the motorist was not exactly squeaky-clean in this case either.
  • beamerguy
    beamerguy Posts: 17,587 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    EdGasket wrote: »
    As per comments on parking prankster, the defendant was not very worthy in this case having parked in a staff-only area. Of course we like to see parking companies get 'spanked' but the motorist was not exactly squeaky-clean in this case either.

    Does not matter ... no comparison to the dirty little tricks UKPC get up to
  • salmosalaris
    salmosalaris Posts: 967 Forumite
    EdGasket wrote: »
    As per comments on parking prankster, the defendant was not very worthy in this case having parked in a staff-only area. Of course we like to see parking companies get 'spanked' but the motorist was not exactly squeaky-clean in this case either.

    The rights and wrongs of the case are immaterial. It can never be the role of a private company to punish an individual at all let alone excessively when they have no legal right to do so.
    Contract Law can be perverted to achieve a desired (for some) outcome but when there is no contract in the first place the perversion becomes impossible .
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