ES Parking lose in court (Spinnngfields Manchester)

Elysander

I sat in on an ESPEL Spinningfields hearing that was held in Manchester earlier this afternoon. On viewing copies of the on site signage, the Judge stated that the signage was forbidding and therefore there was no offer of a contract. The defendant (who is a solicitor) represented herself and was awarded £125 loss of earnings.

I spoke to the defendant after the hearing. She is happy for me to pass on her contact details to the Parking Prankster for full details

Umkomaas

Thanks for the heads up on this. ESPEL seem to be making a sorry mess of all their court cases, no doubt aided and abetted by their darling legal advisers Gallstones!

Was the £125 purely 'loss of earnings' - my understanding is that this is capped at £95 - or was there an element of expenses built in?

beamerguy

Elysander wrote: »

I sat in on an ESPEL Spinningfields hearing that was held in Manchester earlier this afternoon. On viewing copies of the on site signage, the Judge stated that the signage was forbidding and therefore there was no offer of a contract. The defendant (who is a solicitor) represented herself and was awarded £125 loss of earnings.

I spoke to the defendant after the hearing. She is happy for me to pass on her contact details to the Parking Prankster for full details

Yes email the Prankster, was it the infamous Gladstones boys ?

Gladstones cost ES Parking back in October, they were Gladstoned
http://parking-prankster.blogspot.co.uk/2016/10/es-parking-enforcement-at-spinningfield.html

Amazing that ESP are so gullible

ABowman

Hi I have my court date at the end of the month and need to submit my defence. Is it possible to share yours and also how you presented the signage? I have a video of the street and photos of the signs but not the size of them.

Cheers

Umkomaas

ABowman wrote: »

Hi I have my court date at the end of the month and need to submit my defence. Is it possible to share yours and also how you presented the signage? I have a video of the street and photos of the signs but not the size of them.

Cheers

Might be better sending the OP a PM. Last here on 04/01/17 and may now be a less frequent visitor than previously given that their case is settled.

Myriddin

ABowman wrote: »

Hi I have my court date at the end of the month and need to submit my defence. Is it possible to share yours and also how you presented the signage? I have a video of the street and photos of the signs but not the size of them.

Cheers

I think the OP was an observer rather than a participant.

The_Slithy_Tove

ABowman wrote: »

Hi I have my court date at the end of the month and need to submit my defence.

If it's the same site, then it may be worth following the link above to the Prankster's blog, and then contact him - after all he says he has several cases for this car park, so there's probably a solid defence lurking somewhere.

Coupon-mad

ABowman wrote: »

Hi I have my court date at the end of the month and need to submit my defence. Is it possible to share yours and also how you presented the signage? I have a video of the street and photos of the signs but not the size of them.

Cheers

You will need to contact the Court Clerks in advance and ask them in what format they need the video, as part of your evidence for this case.

You are not sending a defence, this stage is:

- Witness Statement (the facts, referring to any evidence by number)

- A skeleton argument (you don't have to, but this can be useful to summarise the legal points of defence, like the POFA and case law)

- The documents you intend to rely on - any photos, video, case law, transcripts, the Beavis 'clear, brief sign' as a comparison, and if you are defending as keeper, you need Schedule 4 (the Judge is unlikely to know all about keeper liability) and Henry Greenslade's words about 'Understanding keeper Liability' from the POPLA annual Report 2015.


The NEWBIES thread under 'Small Claim?' has examples and advice about this stage. Make sure you keep to your deadline and that your WS and documents go to the Claimant's solicitor (email will do) as well as your local court (a nice, organised paper file in a ring binder with the evidence documents numbered, the type in Times New Roman 1.5 line-spaced with numbered paragraphs and clear headings and the Claim number and both parties named at the top). With the claim number and your name as defendant also on the front of the file to avid it being mislaid.

And at the hearing you take an extra copy of everything with you in case the Judge hasn't got it to hand.