Excel - County Court Claim

Coupon-mad

So - just to clarify she also ignored all the Elliot v Loake that was quoted and basically said it didn't matter if Excel followed POFA or not. They had the right to use it or not and they could assume the RK was the driver either way.

hich aspects of POFA are breached? None. Judge read through all the conditions in S.4 and said all were met, (not exactly sure where she was reading from within S.4). Satisfied that conditions met and Excel can pursue RK. Whether or not the Claimant chooses to rely on POFA the conditions were not breached.

That is awful and worth considering an appeal. The second part there is patently wrong.

Lamilad will not be pleased to read this about Skipton Court.

DoaM

And such are the vagaries of small claims ... if you get a judge who is patently clueless then you'll either win big or lose big - this time it was Excel who won.

As per C-m above ... you possibly have justification to appeal, given that the judge has misapplied the Law. Whether you have the time,energy, and possibly finances to do so is another matter.

The_Deep

I usually get things sorted by sending a personal letter of complaint to the head honcho. Would not a letter to the Lord Chancellor alleging that the LJ is incompetent, senile, corrupt, whatever, get this case looked at again?.

Lamilad

Coupon-mad wrote: »

Lamilad will not be pleased to read this about Skipton Court.

Looks I'm up the creek without a paddle. Was the judge called Fay Wright? My case is virtually identical to this so I don't see how I can win. She's already said she's heard these arguments before and dismissed them. Any chance I can ask for my case to be dealt with by another court?

dxdxdx

Lamilad wrote: »

Looks I'm up the creek without a paddle. Was the judge called Fay Wright? My case is virtually identical to this so I don't see how I can win. She's already said she's heard these arguments before and dismissed them. Any chance I can ask for my case to be dealt with by another court?

Ive been following these threads for a while now, and Im struggling with the legitimacy of this thread. It doesnt add up. The judge sounds awful. Is there a case number? Maybe it was just very badly defended

If you can prove POFA hasnt been adhered to in the NTK and then the keeper cant be held liable. It could be worth quoting a case where EXCEL failed POFA and keeper wasnt liable.

Maybe the recent Excel v Mr C C8DP37F1 Stockport 31/10/2016

Coupon-mad

Lamilad wrote: »

Looks I'm up the creek without a paddle. Was the judge called Fay Wright? My case is virtually identical to this so I don't see how I can win. She's already said she's heard these arguments before and dismissed them. Any chance I can ask for my case to be dealt with by another court?

No but you are going armed with evidence that this OP might not have had. Shouldn't think they had the Beavis case sign as a comparison, or Schedule 4 with them (they said she read from a bit they didn't know which part, but I tell defendants to take 3 copies of everything with them so YOU are presenting this evidence).

How can you be up the creek if Excel have NO EVIDENCE of no pay & display? They can't merely show two photos or they could bring every single payer, every car driver, to court!

Lamilad, it is what it is - but you know the issues to steer it back to, bottom line it is for the Claimant to establish liability (they have not) and for THEM to show evidence of no pay & display (they have not).

Unless you are REALLY unlucky with the Judge, the Parking Prankster remarked that it is all about preparation. And more preparation, and putting the Clamant to prove their case. They can't have NO evidence of the P&D VRNs and payments made and if they try to add it by ambushing you on the day, object to the Judge. Take 3 copies of everything to hand out, including a printout highlighting Henry Greenslade's expert opinion from the POPLA Annual Report 2015 about keeper liability ONLY being possible under the POFA Sch4 (of course, otherwise why did Parliament bring in the Schedule at all).

Maybe it will actually be another Judge re-allocated!

Lamilad

Ok my comment was rather defeatist and that is not my style - I certainly know it's not your style, CM

I certainly won't go down without a fight, and if the judge dismisses my valid defence points, I will argue my case - just need to make sure I don't end up getting done for contempt.

Anyway I'll continue posting on my own threads. Don't want to hijack JJ's.

dxdxdx

Juke, can we have your case number?

juke_joint

It was Fay Wright and we took in copies of POFA (pt4) in, but she paid no attention to it - or the EvL argument. We had no chance. Someone else from the Fight Your Parking Invoice FB group had the same outcome with a similar defence.

We have no money or time to appeal - I'll try and find the case number.

juke_joint

And here's the proof of ownership they provided. If Judge Wright had her way they wouldn't have even needed to bring this nonsense.