My Witness Statement is due

[Deleted User]

Properly pleased for you elparque. Seems you got a good allocation witj your DJ who no doubt has seen all the usual arguments and defences.

Looks like a lot of time was spent in advance fretting about contracts and property ownership unnecessarily, given the simple point that won it! Still, good to have a second argument as you can never guarantee what will be most persuasive.

If unreasonable costs awards are limited only to behaviour in litigation, it's probably right that the mere act of bringing a flaky claim doesn't trigger the award.

Are you going to get a transcript of the moment of triumph?

Lamilad

All in all, it was a good day out. I actually enjoyed the court experience. I don't think I was very good but the judge was and it was an easy case for a defendant.

I'm sure you were better than you thought but when you go into court with well researched, well prepared bundle then you usually don't have to do much. You let the documents speak for you, and most judges prefer it when the facts of the case, are laid out for them i neatly arranged documents.

You'd pretty much won this case before you walked in. You just needed to hammer the final nail in their coffin!

A good report. Well done!

ElParque

Johnersh wrote: »

Looks like a lot of time was spent in advance fretting about contracts and property ownership unnecessarily, given the simple point that won it! Still, good to have a second argument as you can never guarantee what will be most persuasive.

Are you going to get a transcript of the moment of triumph?

Those were my thoughts. ie that the belt and braces defence I compiled was a bit unnecessary. I should have made my life easier and just concentrated on the pre POFA no presumption of driver point.

In the event I brought up the signs argument and the contract argument and I'm not sure the judge was convinced but, as you say, I think he had made up his mind about the case before we got into court!

I'll go for a transcript if it helps others. I presume I apply to the court for that? Is there a time frame on the application? Bury County Court is about to close down so I suppose I should apply very soon.

Coupon-mad

Costs you quite a bit for a transcript.

Lamilad got his first case transcript for posterity/the 'greater good' and hasn't looked back since!

[Deleted User]

It's not very 'moneysaving' as you need to pay the audiotypist. For guidance, it's +/- £200 per hour of hearing, on average (you're actually charged on the number of words, not the hearing time). Irritatingly, had you got the unreasonable costs, that would've covered the fee!

It's a case of completing the court form. The court sends the recording off and the turnaround is fast - 2 weeks or so.

ElParque

£1.79 per 72 words with a minimum charge of £15.79. The judgment went on for ages! I think I might not bother with the transcript. Might have been cheaper to pay the ticket!

[Deleted User]

thought you might say that! Thanks for writing it up. A good day for the forums...

The_Slithy_Tove

ElParque wrote: »

I ran back to my car which I'd parked in an ALDI car park which had cameras and a big sign saying 180 minutes maximum for shoppers or a £90 fine. Quickly went into Aldi to buy some things I didn't need and went home!

Slightly cheeky and a bit risky, as the court could easily be running late. You could have parked in a normal pay car park, and added the parking fee to the expenses claimed - an ironic gesture.

ElParque

I'd planned to park in the car park next to the court but when I got there it was a "2 hours no return within an hour" car park. All the surrounding area was double yellow and resident parking. I got to court 45 minutes before my case was scheduled. It was now 30 minutes before I was 1/4 mile from the court and I still hadn't parked! It was my only choice at that point.

I ran to the court. (Thank the Lord it wasn't raining). My plan was to get my son to come to court, collect the keys and move the vehicle. His phone wasn't working. Then at 10:30 we got called in so I knew I'd be ok!

I did joke with the others waiting in court that it'd be ironic if I got a £90 ticket whilst winning a case to save paying a £100 ticket but in the end all ended well!

Mrnick74

I'm in court tomorrow against Excel/BW Legal so just posting here for karma! Lamilad has put together a defence for me and I'm slightly more optimistic than I have been...

I came across this thread trying to track down Leonard Seitler as I am trying to establish why the contract in the Prestwich car park has passed from Excel to Parking Eye - there is speculation that is was due to customer complaints against Excel but unable to verify this.