At Small Claims stage - PCM and Gladstones

Coupon-mad

Awww that's a real shame. A judge without much experience of parking cases is rare!

Which court? Which Judge?

Question: I have another one in court (on that occasion, car wasn't parked - it was waiting) and another LBC for the same estate. How much of a disadvantage does it put me by losing this case?

Do not mention it at the next hearing. Gladstones do robo-claims and will not suss that you are the same Defendant, so press ahead as a new case, new evidence, new facts.

Think of this one as a pointer towards the evidence you can provide next time:

- The RoA. Sounds like you should have won that discussion...read the articles & highlight.

- The Beavis sign as a comparison, have spare copies of everything to share at the hearing.

- More proof about the L&Q/PCM contract dates, do some more digging and earlier this time (the stuff I found you was easily available, I just Googled & found it).

- The quote from the POFA that tells a Judge that only the sum on the NTK is recoverable, and no 'damages' (because there is no loss to claim and no real payments made to debt collectors, no incidental costs at all, IMHO it's made up out of thin air).

Think what would have won it and do it next time to balance the books! we had a person last year who won a case and lost another where the facts differed slightly. Can be done. The WS and evidence they presented was just the usual dross, with an aerial view that wasn't true and a template mock up stock picture: 'here's what a sign might look like'.

bargepole

This sounds like a classic case of someone downloading some template paragraphs online, and cobbling them together into a Defence / WS / Skeleton, without properly understanding the arguments, or, more importantly, how to make those arguments, and support them with evidence, in a court hearing.

Particularly inappropriate was the somewhat lame attempt at challenging ROA. The advocates who appear for the PPCs are in court all day, every day (not just for parking cases), and are usually well known to the Judges.

I have successfully challenged ROA a couple of times before, but no longer make that kind of submission. On the last occasion, the Judge simply adjourned the case, and next time they sent a properly qualified barrister, and we lost anyway.

RM_2007

Coupon-mad wrote: »

Awww that's a real shame. A judge without much experience of parking cases is rare!

Which court? Which Judge?

Do not mention it at the next hearing. Gladstones do robo-claims and will not suss that you are the same Defendant, so press ahead as a new case, new evidence, new facts.

Think of this one as a pointer towards the evidence you can provide next time:

- The RoA. Sounds like you should have won that discussion...read the articles & highlight.

- The Beavis sign as a comparison, have spare copies of everything to share at the hearing.

- More proof about the L&Q/PCM contract dates, do some more digging and earlier this time (the stuff I found you was easily available, I just Googled & found it).

- The quote from the POFA that tells a Judge that only the sum on the NTK is recoverable, and no 'damages' (because there is no loss to claim and no real payments made to debt collectors, no incidental costs at all, IMHO it's made up out of thin air).

Think what would have won it and do it next time to balance the books! we had a person last year who won a case and lost another where the facts differed slightly. Can be done. The WS and evidence they presented was just the usual dross, with an aerial view that wasn't true and a template mock up stock picture: 'here's what a sign might look like'.

Hi Coupon-Mad - apologies for the late response, it was Romford and the Judge was a judge Rodgers I believe.

Coupon-mad

OK so re the next ones - the other court claim and the LBC - I would start a new thread (unusual for me to say that but you don't want people confusing it with this one).

RM_2007

bargepole wrote: »

This sounds like a classic case of someone downloading some template paragraphs online, and cobbling them together into a Defence / WS / Skeleton, without properly understanding the arguments, or, more importantly, how to make those arguments, and support them with evidence, in a court hearing.

Particularly inappropriate was the somewhat lame attempt at challenging ROA. The advocates who appear for the PPCs are in court all day, every day (not just for parking cases), and are usually well known to the Judges.

I have successfully challenged ROA a couple of times before, but no longer make that kind of submission. On the last occasion, the Judge simply adjourned the case, and next time they sent a properly qualified barrister, and we lost anyway.

Hi Bargepole, inexperience at making the arguments in court with the supporting arguments definitely played a big part. I've marked it up as experience (an expensive one at that). Will have to do better next time! (have another one but this time the car was waiting and not parked, so I'm told - again I wasn't the driver)

RM_2007

Coupon-mad wrote: »

OK so re the next ones - the other court claim and the LBC - I would start a new thread (unusual for me to say that but you don't want people confusing it with this one).

I think I have one already for that one - was from a few years ago. I'll start updating that one.

Many thanks for all your advice.