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Appeal dismissed by IAS

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  • Umkomaas
    Umkomaas Posts: 43,428 Forumite
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    Phone the court and ask if they've received anything further.
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Private Parking Firms - Killing the High Street
  • Snakes_Belly
    Snakes_Belly Posts: 3,704 Forumite
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    Umkomaas wrote: »
    Phone the court and ask if they've received anything further.

    Will do. If they have sent something to the Court they should have sent it to me as well.

    Nolite te bast--des carborundorum.
  • Umkomaas
    Umkomaas Posts: 43,428 Forumite
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    Will do. If they have sent something to the Court they should have sent it to me as well.

    You've surely got the hang of this by now SB! :)
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Private Parking Firms - Killing the High Street
  • Snakes_Belly
    Snakes_Belly Posts: 3,704 Forumite
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    edited 26 May 2019 at 11:03AM
    Umkomaas wrote: »
    You've surely got the hang of this by now SB! :)

    I hope so and if their rep tries to introduce it at the hearing I will object (strongly). I don't have Lamilad's skills though to tell whether records have been tampered with or if they relate to another machine.

    Nolite te bast--des carborundorum.
  • Coupon-mad
    Coupon-mad Posts: 152,687 Forumite
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    But you could point out that in Excel v Ambler, a county court Judge (and then a Circuit Judge who refused an appeal) found that these 'machine records' had been altered by this same Claimant. They are clearly editable and possibly mocked up word documents that Excel could type up to say whatever they want.

    Lamilad's skills involved spotting that Excel's machine records produced for a SAR didn't match the one they later relied on at the hearing!
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
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  • Snakes_Belly
    Snakes_Belly Posts: 3,704 Forumite
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    edited 28 May 2019 at 4:57AM
    Yes CM I have got the details of the Ambler Case in my bundle and the newspaper articles that relate to the car park. The rep said just before the last hearing that she would ask for the articles to be disregarded. I will challenge this as they relate to the Ambler case.

    Also without knowing the serial number of the machine in question they could substitute details of another machine.

    I know that machine was not working. There was power to it as I saw the 'machine not in service' message but it was just not accepting coins so it probably had not been emptied.. Anything that they produce will be fabricated. They are going to be challenged if they produce something or if they don't.

    Notice that there was a win recently at the court where my hearing takes place. It was a no-show by the P.P.C but a win all the same with decent costs. I am not bothered about the costs for my own sake I would readily donate some of it. It just makes it an expensive exercise for the P.P.C.

    There was also a win by a poster who had been ticketed on the same car park. Again the judge did not hold back with costs.

    Thanks for all your help.

    Nolite te bast--des carborundorum.
  • Snakes_Belly
    Snakes_Belly Posts: 3,704 Forumite
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    Nothing else received by the Court since the Claimants Witness Statement. If they try to introduce this at the hearing I will object.

    Nolite te bast--des carborundorum.
  • Snakes_Belly
    Snakes_Belly Posts: 3,704 Forumite
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    It was my court appearance today and I lost. It's a hollow win for the PPC though.

    The judge awarded the PPC the actual cost of the parking, £3.00. No costs have been allowed for either party. I think it was fair and I am not disappointed with the result. The judge thought that I should pay the £3.00 because that is what he considered that I owed the PPC.

    I hope that this is now over however the PPC have been given right to appeal. I hope that they have the sense to not throw any more money at this but I somehow doubt it.

    I would like to that everyone that has helped me in this long journey and I will update further with the details in due course.

    Nolite te bast--des carborundorum.
  • BrownTrout
    BrownTrout Posts: 2,298 Forumite
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    I doubt they will given the cost, let us know if they do
  • BrownTrout
    BrownTrout Posts: 2,298 Forumite
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    Most parking company reps ask for permission to appeal its standard
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