NWCP Car Parks PCN - Over 28 days

manutd99

I won :T:j Judge dismissed the case.

Didn't have to say a word. Judge didn't even mention anything about my Defence, Witness Statement facts or skeleton argument. I had no explaining to do.

I was asked weather the car parked there or not. I answered yes it was parked there but as a keeper only. He asked whether I was defending as a keeper or a driver. I said keeper. He acknowledged I didn't need to give details of the driver.

He then asked about Witness Statements. Showed each other theirs. They contested it was received late so was asked why it was late. I advised it was in small writing so I didn't notice. Also said I thought I would get another letter after they had paid the fees. Judge said as there was nothing new in the Witness Statement so he would accept it.

NW Car Park was briefly asked to explain the case in which they said they had affixed a notice on my car, clear signs everywhere, sent NTK and various letters and that I didn't appeal. They then said I only got in touch after court papers were received. Judge didn't question me why luckily why I didn't appeal.

He asked what signs were placed. He said is it this one.

Then came the fun part. Questions back and forth about terms of the sign and terms of the contract in the sign.

They were asked who could park on land which they they advised "Pre-Authorised Vehicles only". They had a list of vehicles on a device which were authorised. My car was not on there hence a ticket.

Judge asked what the contract was between them and me and where this was stated in the sign. They didn't have much an answer.

Judge asked if there was invitation to offer for "unauthorised vehicles". They said no. He said there are 3 elements of a contract (which I had mentioned in my defence) - Offer, acceptance and consideration. First being offer. As there was no offer for unauthorised vehicles it becomes a case of trespass as offer is for pre-authorised vehicles only therefore also no contract. I was forbidden to enter land hence a trespass issue.

They had a chance to comment on this so at this point seemed it was edging towards my way. I thought after this he would then ask me to present my case.

Judge went on about for some time about no offer for unauthorised vehicles therefore no contract and offer for pre-authorised vehicles only. He then said as there is no offer for unauthorised vehicles this is an issue of trespass. He asked them what they had to say about this but didn't have much to say about this.

He then said this is a preliminary matter and as there this was an issue of trespass they couldn't take make a claim against me. He concluded by saying the case was dismissed. Judge did most of talking surrounding no offer. He gave the lady a chance to explain. Her explanation was they had an audit on the sign which IPC had passed. Judge still insisted there was offer and this was a trespass matter. He then dismissed the case on this point alone. As I said I didn't have to say a word.

Only downside all that effort of writing defence, WS and Skeleton. All that research about signs, beavis etc didn't come into play so unsure if my points were taken into account or not. A win is a win though. Total relief.

I then mentioned my scheduled of costs. Unfortunately without saying what I do I was not awarded loss of earning as I do not have a fixed contract. I work when required so not a full time contractual job so judge didn't award me that. He also didn't award for unreasonable behaviour as he thought they behaved reasonably. I was only awarded parking and mileage. £5.35 as court only a mile away from my house.

You should've seen the lady's face. Total anger, disbelief and red in the face. I was jumping with joy lol. She asked me outside to forward my bank details so she could transfer the £5.35.

claxtome

Fantastic, even didn't have to say a word.
Gives us all hope for those fighting unreasonable parking companies. :j

Time for a :beer:or two or more...

manutd99

Just like to Personally thank each and everybody who helped me in my case.

Coupon-mad - How do you do it. You spend each evening helping so many people including me. You're a credit to this forum. You're one in a million. Couldn't have done this without you. Thank you ever so much from the bottom of my heart.

Will mention all by name as you all deserve credit as well.

Castle, nosferatu1001, Johnersh, Umkomaas, IamEmanresu, Elysander, KeithP, pappa golf and misterbarlow

Guess you can all rest in peace and no need to answer to my each and every little point. Has become a big thread.

Redx

its a very useful thread too

well done

great to see them taken apart by a judge without you having to say much at all

as CM said in her earlier post , its a FORBIDDING SIGN , so any parking incident is trespass because no parking contract has been formed or accepted

these companies make these mistakes in legalities that costs them money due to their ignorance and their greed

[Deleted User]

Interesting. Goes to show with all these cases that it just takes one point - in front of another DJ it may have been one of the points you pleaded that was a winner.

Well done. Don't underestimate how irritating it is to have to draw up a payment for £5....

Coupon-mad

You should've seen the lady's face. Total anger, disbelief and red in the face. I was jumping with joy lol. She asked me outside to forward my bank details so she could transfer the £5.35.

Love it!

You won, and so did Kezza15 v Gladstones today:

https://forums.moneysavingexpert.com/discussion/comment/73193220#Comment_73193220

Can you tell us the Claim number now please, and the location/name of the car park (if you can) so we can use your case to refer to that the signs make no offer, according to the Judge (name?).

Knew you could do it and you did! :beer:

manutd99

Redx wrote: »

its a very useful thread too

as CM said in her earlier post , its a FORBIDDING SIGN , so any parking incident is trespass because no parking contract has been formed or accepted

More or less what the judge said,

Johnersh wrote: »

Interesting. Goes to show with all these cases that it just takes one point - in front of another DJ it may have been one of the points you pleaded that was a winner.

Yes all down to just one point. Practically nothing else was discussed. Would've been more satisfying if it was my point but doesn't matter it the end

Johnersh wrote: »

Well done. Don't underestimate how irritating it is to have to draw up a payment for £5....

Defo agree. You could see it in her face she didn't want to say what she said afterwards.

Coupon-mad wrote: »

Love it!

Can you tell us the Claim number now please, and the location/name of the car park (if you can) so we can use your case to refer to that the signs make no offer, according to the Judge (name?).

Knew you could do it and you did! :beer:

All thanks to this forum and yourself.

D3QZ88D0. Guild Row Off Church Street, Preston. Didn't get the judge name. Would they give if I call the court? Can try on Monday if it helps.

Coupon-mad

Yes they probably would tell you, and the DJ's name can be useful when quoting a decision.

Elysander

Congratulations on your well deserved win!

The 'Business Development Manager' was better prepared at NW's 'golden duck' in Liverpool, as she paid the winning defendant in cash after the DJ dismissed their claim!

safarmuk

You should've seen the lady's face. Total anger, disbelief and red in the face. I was jumping with joy lol. She asked me outside to forward my bank details so she could transfer the £5.35.

Personally I would have given the BDM my address and asked for a cheque ,,, simply to inconvenience them to the cost of an envelope, stamp and a walk to the post office. Which is still nothing compared to the inconvenience they have caused you.