Gladstones County Court Claim Form

WBM

I'm going to print that skeleton argument then and take a cost schedule as well (if hopefully win).

Thanks

KeithP

I believe both the costs schedule and the skeleton argument should both be sent to the court and the claimant a day or two before the hearing.

WBM

I'm sure I read in a few places that you can take them with you to court.

Umkomaas

WBM wrote: »

I'm sure I read in a few places that you can take them with you to court.

I think I'd trust KeithP's version of events!

WBM

Hi Guys just wanted to let you know that I won. Thank you Coupon-mad for all your help. I was up until 4am preparing for this morning. But won in the end. I took my costs on the day and a fraction were awarded but better than nothing. The judge used his discretion to allow the agent to continue after i raised the RoA.

Thanks again now i can finally relax.

Coupon-mad

WBM wrote: »

Hi Guys just wanted to let you know that I won. Thank you loadsofchildren for all your help. I was up until 4am preparing for this morning. But won in the end. I took my costs on the day and a fraction were awarded but better than nothing. The judge used his discretion to allow the agent to continue after i raised the RoA.

Thanks again now i can finally relax.

Yay! WELL DONE! Yet another case won in court, another one bites the dust at the PPC's expense!

How did this victory fall to page 3 with few people seeing it?! :T:T

Please can you give us a full run-down ''court report'' of what happened and how you felt, what you did, were you nervous, what the rep was like and what won it, what the Judge said?

And which court/Judge's name and claim number (all OK to tell us now)?

foofcat

I would be interested in hearing more about how it went too...I have a hearing coming up soon and am curious about your experience. Congratulations btw!

WBM

Hey Guys!

Sorry I wasn't able to reply earlier it has just been a hectic week. Also I wanted to thank you Coupon-Mad for your help!

So I'll explain what happened I hope you don't mind if it gets a bit long.

So I gave my name to the Usher and sat down my hearing was at 11 I was there are 10:15. The representative for the Claimant arrive at around 10:45 looking relaxed and talking to his friend that was also there.

The judge called us in at 10:50 we went to the judge's chambers which had two desks for us each and 4 chairs. There was a barrier between the judge and us.

The judge said he had the witness statements and other documents (although I don't think he actually read them).

Just before we started I said to the judge may I question the right of audience for the representative. The judge looked a bit confused and said you can question it. So the judge asked the rep who he was etc.. and if he was a solicitor. The rep was confused as well and said that he was an agent for the claimant. Then the rep asked why is the defendant asking, and the judge asked me why i was asking. I said to the judge that it does not appear that the rep has a right of audience and i handed my document containing the right of audience from the law gazette. The judge took the document and started reading it, once he read it all, he said this is a very clever point, however, I have discretion so I will allow the rep to continue, but the point is noted. (not much I could do there so we continued).

The Judge asked the rep why the Claimant what the claim was. The rep responded saying it is simple and said the defendant parked in front of the sign and didn't pay the parking charge.

I then said that the claimants have not proven who was driving the vehicle at the time. The rep said that the defendant has not denied that he was driving nor has given the drivers name. I responded saying I have no requirement to name the driver to a parking company. The judge asked me I said the claimants have not proven who was driving. So I am being pursued as the keeper. The rep said that the defendant said that other people were able to drive the vehicle at the time (as I had provided evidence of my vehicle having full comprehensive insurance at the time. The judge said the claimant can bring the case against the keeper if the defendant is not known. I agreed and said this is why they are pursuing me as the keeper not the driver.

This type of back and forth actually was a surprise to me as I thought we would be more focused on the statements we had provided, which made me a little nervous.

Then I asked if I could give my details of the events (as it was starting to become evident that the judge had not read my witness statement or defence statement.) At this point I was glad that I had spent the whole of the night before (until 4am) writing what i would say in court in case it came to this, I had 9 pages of arguments prepared.

I started by saying when I received the claimant's letter before claim, how it had two charges for the same pcn number on the same date. The judge questioned this to the claimant's rep straight away, which flustered the rep a little bit as he was not sure why. The judge then decided that it would only be £150 that they can pursue the rep agreed. The judge said to me this is a good start for you (I was thinking a better start would have been if he had accepted by point about the RoA ha!)

Then I proceeded, and said i sent a letter to the claimant asking about what was the reason of the charge how the costs arose etc.. and said the letter is evidenced in my witness statement. The judge looked at the letter and questioned the rep once more, I don't think the rep was able to answer as he just mumbled something. The judge asked me whether I received a response I said yes I did and said I received an inadequate response providing 4 colour photos and refusal to provide any further information. Then I said as can be seen from the pictures the claimant's alleged sign is not legible and if the terms were not clear enough to be read then there can be no contract. Additionally, the charge is from 10pm at night.

The judge said to the claimant and said the defendant has raised a very good defence (then complimented asking if I was a solicitor haha )

The judge also asked the rep whether the sign was illuminated?

The rep responded by saying the defendant parked in front of the sign and when the defendant would have driven into the car park the head lights would have illuminated the sign.

I responded saying I am being pursued as the keeper the claimant has not proved who was driving. (Then I was going to say it's the claimant's responsibility to illuminate the sign) However, the judge said it for me. Then the rep pulled out some of the photos of the sign etc.. I questioned the photos straight away and said these photos are not of the parking area they are for a different area also they pre date the event, have no time stamp as they have been obtained from Google images and walked up to the judge and showed the difference in the area. As the geniuses printed everything in black and white they couldn't see anything on the pictures even their own version of the pics you could not read the time stamps and the judge read 2011 so did the rep so they weren't allowed to use the pictures.

Then I said as you can see the sign is not clear and there are larger advertisement signs around it and pointed at the picture and showed the judge.

The judge then asked the claimant if they have any more that they want to say (at this point i knew i had won) the rep responded saying only that the car was parked in front of the sign and that the headlights would illuminate the sign.

The judge gave a summary and dismissed the case. However, then i said may i claim costs and the judge said this is a small claims court he said do you have something. I gave the rep and the judge my cost schedule claiming for £1500. The judge laughed and said are you sure you're not a solicitor, but said as the claimant was not unreasonable (he was going to award me more, but then rep said we weren't unreasonable) and ended up with £92.50.

I hope that helps guys, I would say just make sure you are prepared for back and forth as that can happen and if I wasn't prepared I don't think I would have won.

WBM

Later on I was thinking maybe I should have pushed more on that they were unreasonable, but you just want to get out of there with whatever you managed to get. But awesome point they wanted more from me but I got it from them Ha! The Rep kept looking at me like is this guy for real!? Lol

Coupon-mad

You should stick around to help others, WBM, that's a great court report, you tried everything and you were so well prepped!

You remind me of how lamilad started on the forums after seeing off Excel in 2 or 3 cases, despite the pathetic and predictable efforts of others to scupper his case (Excel v Lamoureux). He's now a regular PPC fighter!