1 Big Car Park, 2 landowners, Valid parking ticket but Parking Charge Issued

bargepole

Loadsofchildren123 wrote: »

Can’t wait to read the full report. Can parking prankster blog this?

PP is taking a bit of a sabbatical, I believe. No new blogs have appeared since 9 September.

Kezza15

Fantastic news! Knew you’d do it! Well done and enjoy your celebration!

Umkomaas

Very well done claxtome, great win.

If you wanted to turn another notch of the thumbscrew on ESPEL, why not write to the DVLA (David Dunford) and ask whether, in view of the fact that judges are turning down ESPEL claims at this site, the DVLA should now consider whether they should continue providing keeper details to ESPEL for this site? Ask for his views and feedback.

And while you’re at it, why not ask the IPC what they are going to do to rein in ESPEL at this site.

claxtome

In that case, it must have been District Judge Deane, who was in court 3 and also covering some of DJ Langley's list.

That name rings a bell. It was a lady judge. Will check to confirm tomorrow.

claxtome

Can parking prankster blog this?

I think that should be ok. What do I need to do?

claxtome

Ok my report of the day and have time to reflect on what happened.->

Prior to Court
I arrived half an hour before due time. I knew I needed to check with the usher about my new court bundle and whether they had it so was expecting to see someone waiting to greet me. No one did and saw an office but it was closed. When the office opened I introduced myself and the usher wandered off with my 'extra' copied bundle so if they judge didn't have my new bundle then they could have my new copy. She came back saying they had.

As I sat down I was approached by another person who asked are you the defendant in my case? (Obviously overheard what I had said). She said she was an independent solicitor and the witness was not turning up. She then explained that the document she was handing me was what the witness had provided. I noticed it was a lot of my evidence with many comments/markings and crossings out. She said it was my copy to keep. She was going to submit the topic of signage as a prelim.

The new document completely threw me. Made me start questioning my own evidence. After a few minutes of stewing over it. I decided to get some water and find a quieter area away from this person. That was when I posted things on the forum. Not easy when my phone kept insisting on me signing in again. The people on the forum where great with their advice and was so grateful for a lifeline when I felt uneasy and under pressure on the day.

I took the forums advice and went immediately back to the solicitor and told her I refuse this evidence it is too late. My passion I am sure was clear as she said nothing. On further advice from the forum I went back to her to ask again why the witness was not turning up. The quote she said will stay in my memory "not cost effective". Later I thought I must remember to say that to the judge. The forum suggested this as well.

Anyway I went back to my quiet seat and started to calm down a bit. It seemed strange as someone went into the court where I was sitting then 5 minutes later came out. Think the usher had made a mistake as they didn't look happy and the usher kept coming back to them. Made me concerned is this going to happen to me.

That same court room 5 mins later I was told I would appear there but I was not first up. Had thoughts of a long wait but very quickly, it seemed they came out and knew it wouldn't be long before it was me up.

Court session
I sat down in the front row and before I knew it their solicitor was talking about 'signage' and asking about it as a prelim. I had prepared for my prelim things 'why no witness' and defending a late submission of my evidence so was surprised and wanted to have my say. (recap she had said to me in the waiting area she would bring it up). The judge very quickly said this new evidence is not witnessed correctly and is late - was just 5 pages of my evidence with comments/notes.

She then checked the original Claimant WS against signage which the judge assessed as very little and 1 picture did not resemble clear signage. I also seem to remember the judge asking are these the views of the witness? She replied with I don't know I think so. She also mentioned something about it not a proper witness statement. Hmmm. Sorry my mind wandered a little here as was wondering when can i talk and say things. Those who know my case and seen the redacted evidence it was cr*p.

So as there was effectively no evidence the judgement is there is no case to answer.

I felt very numb as within 5 mins I had won the case.

Costs and unreasonable behaviour
The next topic she asked about was costs... Hmmm if only I had predicted what would happen on the day I wouldn't have prepared to defend myself and just prepare for proving 'unreasonable behaviour' costs.

I had utilised what LoC had sent me and filled it out but I am no solicitor so just had to read it and refer to the references. Hmmm anyway after 10mins where I felt I waffled. I had gone through it and the judge asked if there was any further things I wanted to say. She then made a judgement on 'unreasonable behaviour'.

She said she understood there had been some shortcomings but whether the behaviour was unreasonable she didn't think I had proved it. She said you knew it was a parking violation and had information about that even though the particulars and other things weren't the best. They had done what they had been asked to do.

I was then left with claiming the costs I could claim - usual hearing costs. She was happy to award full £95 loss of earnings after a bit of questions about net income etc per month as I knew my gross and had calculated my hourly rate but my net included reductions for a lot of things like pensions, childcare etc. Anyway she calculated travelling (petrol) and parking for the day and came up with around £105.

I think the judge was open to the idea to award as many 'hearing costs' as she could. For instance she mentioned does that mileage include the return leg. I am too honest for my own good and said yes.

I got high praise from the judge as I was leaving as she said it was the best defendant bundle she had seen. When I was talking to the solicitor I gleamed she is not from Gladstones but was an independent solicitor. She has been called in at the last minute to help out - a hand for hire. She gave high praise at how prepared I was and had you considered a career change. She seemed to want to know where I had got help from I said a solicitor friend. I was glad later I hadn't mentioned this forum as have other parking fines to fight.

My thoughts/summary
I think ESPEL saw how good my costs argument that they would have received yesterday and got worried they may end up with a huge bill so hired the solicitor at the last minute to come and make sure the costs outcome was not 'unreasonable behaviour'. I want to stick to that view as I get comfort in the fact they got worried from a letter and didn't want to pay it (hmm sound familiar to a parking charge). The solicitor wouldn't have been cheap I am sure. All This means is ESPEL are well out of pocket. What a shame.

Lamilad

Very well done. You put a lot of work into this and it paid off. A testament to meticulous and thorough preparation -Newbies take note!

Can't wait for the court report.

**EDIT: Reading it now

claxtome

Thank you Lamilad you helped me a lot recently by questioning what I was doing and whether it was right for me to do it. It made me double check and ask more questions.

claxtome

In that case, it must have been District Judge Deane, who was in court 3 and also covering some of DJ Langley's list.

A few Judges names were mentioned on the day so wasn't sure. However a good search on our friend Google and Bargepole I am 99% sure it is her. The photo I found was a few years ago.
For those who don't know if you go on a certain website you can see all the county court listings for the day in each county court in England. Bargepole would know this and could look up my court room number on that site and see who was presiding in it.
[Update]
Got confirmation through the post this week it Was District Judge Deane.

bargepole

An excellent result, Mr C, and an object lesson for newbies in how to fight a case against the scammers.

Your preparation was meticulous, and with assistance from knowledgeable and respected members of the forum, you prepared a Defence and WS which made it clear to the Judge that the Claimant's case had more holes than a Swiss cheese, such that she was able to dismiss the claim straight off the bat without needing to go through all the arguments.

Costs for unreasonable behaviour are rarely awarded, despite suggestions from a certain ex-diplomat that Judges should be struck off for failing to award at least £1,000 in every case, and in order to argue for these you have to be able to show that the Claimant wilfully and significantly ignored one or more of the Judge's Directions prior to hearing. Arguing a hopeless case does not usually qualify in that respect.