Euro Parking Services Court Action

Le_Kirk

Brilliant news - when you've stopped walking on the ceiling, the regulars would welcome a court report.

Chico_talent

Would love to hear more about how the telephone hearing played out and points you felt hit home with the judge.

nosferatu1001

Indeed well done!

Sheldore123451453

Here's what happened. the call lasted 16 mins.
Received a phone call from the judge and another representative turned up from EPS, not the witness in their statement. 
The judge asked if we wanted to agree on a deal/settle before the hearing. The claimant said they would settle. I said the only settlement was if they were to drop the case and the claimant didn't agree. The judge gave us the option to drag out the claim and appeal in court in front of a different judge, or he could settle the case now over the phone. I said, to get it done with now.

First thing I pointed out was their Supplementary witness statement and how it was filed and dated late and it should be dismissed. Funnily enough,  the claimant was confused when I pointed it out and the judge did not receive these papers, therefore he threw it straight out the window and the judge was in my favor already. 

The fact that I was the only witness in the hearing meant only I had a say. I gave my story on what happened almost three years ago admitting fault (only because I already did). I brought up the fact how this happened so long ago, and only now they are trying to take my money. 

After this, there was nothing else said. It felt like the judge already made up his mind. I didn't have to mention anything about my witness statement, other than the fact it was dated and signed within the time frame.

The judge was honest and said to me if this offense happened a few months ago, I would've lost. But the fact within the claimant's witness statement, there was no evidence of signage at the time the offence was occurred i.e three years ago. Their poor evidence attached showing the site plan of the map dated back in 2015 had no grounds and no hard proof that the signage exists. 

Then the judge told me I won, then hung up. All so sudden.

Umkomaas

The claimant said they would settle. I said the only settlement was if they were to drop the case and the claimant didn't agree.

Gooooood move!  Great tactic. I bet they were shaken by that!

Who exactly did they field - an employee, or a legal advocate?  Name?

Sheldore123451453

Umkomaas said:

The claimant said they would settle. I said the only settlement was if they were to drop the case and the claimant didn't agree.

Gooooood move!  Great tactic. I bet they were shaken by that!

Who exactly did they field - an employee, or a legal advocate?  Name?

Honestly couldn't remember the name, just knew it wasn't the witness. 
It was someone on the litigation team at EPS who seemed pretty clueless about this.

Sheldore123451453

Now that this is all over, is there anything else I need to do? Will i receive a letter of some kind about the case hearing? Do I have to go through MCOL to get my claims back?

KeithP

Sheldore123451453 said:

Now that this is all over, is there anything else I need to do? Will i receive a letter of some kind about the case hearing? Do I have to go through MCOL to get my claims back?

You will receive a notice of some kind from the court - probably just a few words saying that you won.

MCOL was finished with as soon as the case was transferred from the CCBC to the hearing court.

"get my claims back". Do you mean recover your costs? Usually the issue of costs are discussed and decided upon at the hearing. Did that not happen?

nosferatu1001

You should get a record of the judgment . That will tell you the outcome and the deadline for them to pay your costs

ofmcoruse you don't raise a claim ...

Redx

doesnt sound like the subject of costs came up at the end, so if they hung up they did not discuss your costs over the phone and the claimant didnt object either due to the abrupt ending

you may need to email the court to ask about the costs if you submitted a summary costs assessment ?

read this for how it usually goes

https://forums.moneysavingexpert.com/discussion/5851168/es-parking-ias#latest

this has nothing to do with the CCBC and hasnt done since the day they transferred it to your local court, that ios all they do , accept court cloaims , accept the fee , issue forms and then transfer it out to wherever, no involvement after that (its just a government office)