Court Claim Procedure point 5

Loadsofchildren123

Don't expect the judge to know the law. Often they don't.

Do expect the judge to have a pre-formed view - eg "you should have looked for signage" or "I think those signs are pretty clear" - and be prepared to deal with this and persuade the judge he is wrong. Eg but the signage did not comply with the code of practice so is not deemed as industry standard, and with which the Claimant should have complied - a point emphasised in Beavis paras 96 and 111. It was cluttered, small, did not offer any contract etc etc.

Just keep your cool.

Loadsofchildren123

Hope this isn't too late.
Also don't assume the judge will know the law. Consider that your job. To explain it to him/her. And they often get it wrong too. So if he/she gets it wrong (egsays Beavis trumps you) don't be afraid to explain why it doesn't.
You will never see these people again. Ever. So argue your corner like a Rottweiler if necessary.

H_brogab

OH MY GOSH WE WON!!!!!


At 10:00am this morning at Nottingham court in front of Judge Wylie, it took him about 5 minutes to throw the case out, "no case to answer" he said.
Im going to have a strong cup of coffee then will come back and tell the full story, but first I would like to give many sincere thanks for everyone who commented, especially you Coupon-mad.

Kind_Of_Irritated

:jFanTASTic news, H-brogab! I (sort of) knew you'd do it.

Really looking forward to your write-up on this. I could use some clues. :beer:
And yes, Coupon-mad's advice is invaluable, isn't it just. As is Loadsofchildren's .

H_brogab wrote: »

OH MY GOSH WE WON!!!!!

At 10:00am this morning at Nottingham court in front of Judge Wylie, it took him about 5 minutes to throw the case out, "no case to answer" he said.
Im going to have a strong cup of coffee then will come back and tell the full story, but first I would like to give many sincere thanks for everyone who commented, especially you Coupon-mad.

Loadsofchildren123

Brilliant
Did you remember to ask for costs in your moment of glory???

Coupon-mad

H_brogab wrote: »

OH MY GOSH WE WON!!!!!


At 10:00am this morning at Nottingham court in front of Judge Wylie, it took him about 5 minutes to throw the case out, "no case to answer" he said.
Im going to have a strong cup of coffee then will come back and tell the full story, but first I would like to give many sincere thanks for everyone who commented, especially you Coupon-mad.

Hooray for a decent Judge! And well done you for fighting it and all your hard work!

Might be one for you to email the Parking Prankster to tell him about it to Blog about your success, like he did for other cases here. Or give us a full court report here and he will see it I am sure.

H_brogab

We got to court and checked in with the usher who seemed puzzled that I had a lay-rep, showed him the relevant papers and there was no problem, he then showed us where to sit and wait. Whilst we were waiting we overheard someone check in as Euro parking, we also heard him say ‘is that allowed’, the usher must have told him about my rep who was by now getting quite excited at having it thrown out. The guy came over to me and said can he have a word, I told him I had nothing to say to him and he left.
When we were called into court he got all his papers out, lots of photos of my car and one of the sign, we left our papers upside down ready to begin.
The judge asked if I had received their witness statement but I was dumbstruck, so my rep shook his head and the judge asked Mr Chihuahua (Gladstones rep) if they had sent them, he said they had and the judge asked for a proof of postage and whilst Mr Chihuahua was fumbling for it asked him to which address it had bee sent (I moved house almost a year ago) It turns out they had sent them to my old address and the judge questioned why this was when they had my new address and everything else had been sent to that address. Mr Chihuahua blamed administrative error, the judge was unconvinced and questioned why something so important had gone astray, Mr Chihuahua stuttered and mumbled, the judge then said that I had managed to do a lot of legal research and put together a comprehensive witness statement and get in in before the 14 day deadline and yet they had submitted theirs 5 days late to the court and the wrong address to me. The judge then said he could give me a copy of theirs so I could go outside for 5 minutes to draft a defence but that would not be fair on me, he could adjourn it so they could submit it properly but that would be unfair on me and the court as they have other cases to hear and its not fair bringing me back again. He then said he could throw it out due to lack of evidence as no case to answer, after a few minutes repeating these options he said he was throwing it out.
In the excitement we got up and left, completely forgetting to request expenses!!! D’oh
I had filled a form out ready but was just glad it was over.
Coupon-mads help with the paperwork was excellent and loadsofchildrens list of action got my lay-rep fired up, millions of thanks to all.
Oh and the Gladsones rep actually was called Mr Chihuahua

Lamilad

H_brogab wrote: »

Coupon-mads help with the paperwork was excellent and loadsofchildrens list of action got my lay-rep fired up, millions of thanks to all.

Well this has brightened my day. Fantastic news well done.

I wonder how many thousands of pounds C-M has saved innocent motorists over the years and, in turn, prevented from going into the pockets of these filthy bullying scumbags.

and she does it all for free in her own time... A true peoples champion!!! :T

safarmuk

OH MY GOSH WE WON!!!!!

At 10:00am this morning at Nottingham court in front of Judge Wylie, it took him about 5 minutes to throw the case out, "no case to answer" he said.

Well done indeed. Excellent job. I enjoyed your write up and "doh" indeed on the costs - but ah well a win is a win.
Can't believe they sent the court documentation (late) to the wrong address yet sent the "invoices" to the right address. That is some administrative error ...

You never said where this was and whether it was residential or not - can you fill us in?

H_brogab

Its not residential, its at the back of some shops.
The thing is I had permission to park my car there, then unknown to me the landowner changed and tickets started appearing, the new landowner gave us all permits after we got the tickets.

Im convinced that IamEmanresu in post 37 prompted me to reply with gin and milks letter as in post 43 and that the judge had seen that, hence his opening comments to see if we had had their WS yet, you are a star
IamEmanresu, thank you.