PCN - help wanted please

duffyscouse

D day tomorrow

Coupon-mad

What happened?

duffyscouse

Thrown out on 3 counts after full hearing and I was awarded travel costs - thanks to you all for your help !!

Umkomaas

Excellent - well done. :T

duffyscouse wrote: »

Thrown out on 3 counts after full hearing and I was awarded travel costs - thanks to you all for your help !!

Can we get a more detailed report - which court, name of Judge, did the PPC turn up, did an advocate turn up, did the advocate speak, did you speak, what grounds for dismissal, how did the advocate respond to the decision .... anything else of interest?

Another on bites the dust!

duffyscouse

I don’t recall the judges name (do I have to buy a manuscript or do I get one )
VCS sent a brief but had no witness - so I was only person present at the time. That didn’t seem to go well, nor did their guy constantly asking for clarification etc.
Signage and burden of proof was an issue - then a few personal loopholes I found - DM fir details as I don’t want to be fully outed)

Coupon-mad

We won't pm for details but you are safe to tell us more.

Which Court?

What was the legal rep like, friendly? Not well prepared? What won it?

Here is what a full 'court report' looks like but even if you could give us a third of this, it will help others to calm down & see it's do-able!

https://forums.moneysavingexpert.com/discussion/comment/75879770#Comment_75879770

ANOTHER ONE BITES THE DUST - VERY WELL DONE!

Did you remember (as the NEWBIES thread tells you) to ask for your costs?

duffyscouse

OK - VCS sent a legal rep - under 30 who I later learned had a Masters in Law. The judge was thorough and understanding and very fair. He didnt seem at all impressed that VCS didnt have their witness and that I was disadvantaged by not being allowed to cross examine etc.
I thought my Defence was my WS (it wasn't) but it was permissable to use the basis of that as my WS and explained the procedure to follow in agreement of all parties. I talked through the events of the evening - highlighting the issues I felt were relevant and where I would be placing my defence against the claimant's accusations.

In my case - No signs on entry or exit, no clear demarquation, no marked bays - the fact that signs were not well lit and that as a driver with them behind the car and looking for pedestrians and other traffic would also detract from seeing them. I also had learned the signs were contradictory - by a later visit in daylight - the ones near car stated that parking was for 30 mins - customers only 'whilst on the premises' whilst the ONLY sign I saw and it was later agreed in summary, was another on shop door (a photocopy) that said parking for up to an hour for customers only (no mention of leaving premises ?)

My argument based on where the boundary for leaving premises was ! and seemed to be acceptable that I was not to know and they (witnessless) had to prove the burden heavily - the judge to get a little fed up as their brief kept asking for 'clarificaton' on where the burden lay - seemed obvious to me and that the VCS legal rep was getting a little flustered, and seemingly was trying to gain an upper hand (wasn't needed he was the law graduate).

I also had recordings and proof that I visited the shop and argued the signage did not say in what order I had to go about my business there - I proved I was a customer and that I actually stayed in the parking areas for less than 30 minutes.

There was a lot of discrepancy around photos, but as I was in the shot of the photos they relied upon as proof I had left premises then this also weight to my argument - as I couldn't be in two places now could I

And yes I received my travel costs - wasn't interested in anything else - Im more than happy with my outcome and thanks for assistance - there is one other nugget that I am keeping to myself - as I can and really won't help others, as it was specific to my case and whilst incidental it likely would have turned things my way if case law, burden of proof and common sense hadn't won over. It revolves around their photos and is pretty irrelevant to another case in my opinion - hence no need to elaborate !

My advice is to be honest, stick to facts, follow the newbies guidelines and be prepared to fight your corner - IF you are sure you are in the right and the parking company is being unreasonable then take them on - As much as I wouldn't wish to go through this stress and hassle again - I KNEW they were milking it and trying to obtain money by entrapment in my case and was darned determined to fight them

I even (stupidly) helped them a little by being honest and answering mail (as I was sure they would see reason and drop things once I proved I was a customer) they used my photos, texts and phone calls to try and gain leverage (give them nothing) however in my case, being able to see the data they had and would use was advantageous for me and honestly AS I WAS THERE I was a true witness and it gave me the upper hand

Will that suffice - does it need an edit to protect me or anyone else ?

Do I get a copy of the court report/manuscript sent to me ?

Night all

Le_Kirk

Well done, a good court report.

Coupon-mad

Nice report, thankyou! that helps others to see it is do-able.

Do I get a copy of the court report/manuscript sent to me ?

No, you'd have to pay to a transcript.

You should get your costs sent to you later this month!

duffyscouse

Nice one - How would/could I get a copy of the transcript ?

Yeah it was ruled within 14 days so should be soon - been a week already- I knew I was in the right and you lot showed me the way to fight on the proper terms thanks do much