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Do I have a valid defence?

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Comments

  • Coupon-mad
    Coupon-mad Posts: 155,232 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Oscar_UK wrote: »
    I Won!!!!! and with £95 expenses:j:j

    Gladstones didn't turn up to the hearing so the judge just went on their WS. We were only in there for around 2 minutes, he had read the WS's and made his decision already.

    Gladstones sent a supplemental witness statement last week to rebuff my statement. The Judge said this wasn't allowed, and I think he would have had strong words with them about it, if they had turned up.

    The judge found in my favour due to the fact the signs were completely forbidding and could not have formed a contract. ("No parking in this area either wholly or partially at any time") He quoted PCM V Bull and DJ Glen. and said this was more straight forward than that.

    I was a little disappointed that he did not rule on any of the other points I had raised, i.e. lack of prominence or illumination. but he said he didn't want to rule on anything he didn't need to, which is a fair point.

    For anyone who is a little unsure of whether to fight these scammers or not, Just do it, don't be a victim. If I can win you can. I knew nothing about Law or any of this before I started and with the help of the guys here and a little reading I managed to beat them and you will too

    Thank you everyone here on MSE for your help I couldn't have done it without you.:T:T:T
    Cheers
    Oscar

    Yay, well done to you, another one bites the dust! :T

    The supplementary WS is a new and nasty tactic they keep trying to put Defendants off.

    It is now safe to tell us:

    Which court and what was the Claim no. & Judge's name please?

    This might assist other people, and it's good to know the Bull case, won by 'our' bargepole, is being used to great effect.

    :D
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • Oscar_UK
    Oscar_UK Posts: 44 Forumite
    Hi Coupon-mad,


    It was held in Colchester County Court, The case number was E9GF07N3 and the Judges name was District Judge Pigram.


    Cheers
    Oscar
  • nosferatu1001
    nosferatu1001 Posts: 12,961 Forumite
    10,000 Posts Third Anniversary Name Dropper
    WEll done! Indeed the rubbish additional WS is Gladstones maybe belatedly realising they need t odo a little more work on some cases, and are hoping courts will accept it

    To be fair, the courts give them *far* more leeway it seems than they do to consumers, so it isnt the worst idea on their part.
  • Oscar_UK
    Oscar_UK Posts: 44 Forumite
    Does anyone know what happens next, I've searched all over, I know I've read it somewhere but I can't find it. do they send me a cheque? and what happens if they don't pay?
  • Coupon-mad
    Coupon-mad Posts: 155,232 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    They send you a cheque.

    If they do not, remind them, then after that you could ask the court to enforce the order, by making an application (NOT a claim!) the fee for which you add to the sum to collect.

    LoadsofChildren123 posted about this yesterday on a thread.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • Oscar_UK
    Oscar_UK Posts: 44 Forumite
    Oscar_UK wrote: »
    Hi Coupon-mad,


    It was held in Colchester County Court, The case number was E9GF07N3 and the Judges name was District Judge Pigram.


    Cheers
    Oscar



    Sorry my mistake it was District Judge Mitchell not Pigram.
  • Oscar_UK
    Oscar_UK Posts: 44 Forumite
    Should I upload the Judgement order here would that be helpful to anyone?
  • beamerguy
    beamerguy Posts: 17,587 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    Oscar_UK wrote: »
    Sorry my mistake it was District Judge Mitchell not Pigram.

    Very well done :T

    The highly incompetent Gladstones screws up yet again

    It beggars belief that the SRA approve these timewasters
    and the IPC scam they set up
  • Coupon-mad
    Coupon-mad Posts: 155,232 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Oscar_UK wrote: »
    Should I upload the Judgement order here would that be helpful to anyone?

    Yes, people would love to see it! :T
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • Oscar_UK
    Oscar_UK Posts: 44 Forumite
    Here's the link to the judgement order.


    https://www.filehosting.org/file/details/759644/IMG_20181004_0001.pdf


    Hope you enjoy it as much as I did
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