ES Parking IAS

Castle

Redx said:

All the paperwork is in so get a grip , it is what it is

The judges know that you are unrepresented and likely a newbie , so let them deal with it and you as witness number one can answer any questions truthfully. You are not expected to be as good as those who helped defend OJS , nor did he understand what his legal team mentioned in court either , he was just a basketball player

Actually he played American football in the NFL.

Tabz123

Coupon-mad said:

I know you said you already sent yours befiore Xmas(?) but did you get their WS & evidence pack from the claimant?

THEY THOUGHT IT WAS ALL OVER..... IT IS NOW!      

Hi All. I did not know how to tag all those people that supported me in this case (perhaps those more familiar with this forum can tag this update and my case as well as those involved in supporting so that they can see the outcome. There was Coupon-mad, Redx, Half_way and LeKirk as well as UmKomaas to mention a few. I apologise to any other contributors that I may have missed out. 
FINAL UPDATE: The case took place this week after having been moved twice due to covid and the outcome is as follows:
I WON!

There are some key aspects of the case hearing that I would like to add here for the benefit of others and those that supported me.
Over of the case: 
At the courts there was only 3 of us in the court room. Myself, a director of claimant and the judge. The whole proceeding took around 45 minutes which was longer than anticipated. Ultimately I won and the judge dismissed the claim. However I was only awarded the de minimis value of £150 in counter claim award as the judge felt that the claimant had not acted wholly inappropriately when first pursuing the claim. In that they had not acted with gross misconduct.

Key points of the hearing:
1. The judge immediately when opening the file asked the director why I as the defendant was here as the judge detailed that from reading the submitted papers I had bought a ticket and the submitted this to ES Parking on my appeal. At this point ES Parking referred to their signs on the carpark and said that I may have bought a ticket but had failed to comply with the latter part of the contractual agreement of the appeals process.
2. The judge then asked me if I had anything to add...I said that I had complied but that ES parking had not enabled me to comply without risk by not provided a sticky back ticket. 
3. The judge then asked about my actual actions on the day and I explained how as normal (and how I had been doing for the last 3 years) I bought the ticket, placed it on the windscreen and then closed the door. I detailed that as I was closing the door I glanced over at the windscreen but as any normal person would, turned away after moving the door to the closed position.
4. The judge then commented that If I as the defendant had sent in the ticket as evidence of my purchase then why was the appeal rejected. Surely the appeals process was there for such purposes? ES did not have a response.
5. The judge asked ES for a copy of their appeals process and whether any outcome other than rejection in this case was possible and ES had failed to include a copy of the appeals process within their legal pack.
6. I explained that my ticket though over turned was visible in the dash. ES rejected this. The judge then asked why the person who had taken the pictures of the offending car was not present as a witness. The director confirmed he was not the person in question.
7. Finally the judge then went through all the case file and said that I had prepared a cohesive witness statement but that all the information regarding the price of the fees etc was not needed and was not really pertinent to the case. The judge however asked ES to pay particular note to the Council Adjudicators reference regarding fluttering tickets and that this was note worthy.
8. The judge asked to see the physical ticket and asked ES why they did not agree it was paper thin and flimsy. ES agreed.
9. The judge asked me to summarise any final comments. I detailed that I was a working professional and that I was always acting with professional integrity and that the case had caused me great distress and wanted to know what benefit bringing the case to court would present the other party. The judge agreed that it was a waste of time.
10. The judge then concluded, on balance given that ES have failed to update their machines and provide an appropriate system which recognises registration plates or provide stickers on tickets, he/she deems the defendant as noted, to have used the car park on many occasions and that given he has presented himself as a ethical and honest person that he indeed did buy and purchase a valid ticket. Therefore the judge dismisses the claim. He/she noted however that ES did not act with complete malice and therefore would not approve the full counter claim. However the judge then noted that this was a victory for all car park users and therefore this should further sweeten the victory as opposed to the financial gain from the counter claim.

I have tried to put all the information in here such that it would help anyone else in such matters. I guess my way of saying thanks and contributing to this forum. :-)

Redx

Fantastic result , well done , ES parking lose !!! De minimis

Another one bites the dust !!  Been a few winners this week 😜👍👍

An excellent report (which court ?) , I like the judges comments on the case and clearly the claimant lost out due to your honesty and their greed , plus outdated flimsy receipts not fit for purpose !!

Tabz123

Redx said:

Fantastic result , well done , ES parking lose !!!

Another one bites the dust !!  Been a few winners this week 😜👍👍

Thank you. This has been a long long road. Glad to see the back of it...

Le_Kirk

Well done, so pleased you won and that we were able to help.

Castle

Redx said:

Fantastic result , well done , ES parking lose !!! De minimis

Another one bites the dust !!  Been a few winners this week 😜👍👍

An excellent report (which court ?) , I like the judges comments on the case and clearly the claimant lost out due to your honesty and their greed , plus outdated flimsy receipts not fit for purpose !!

More like negligence-sticky back tickets, "not fit for purpose" as you say.

D_P_Dance

Well done, this will have cost them several hundred pounds.

Umkomaas

Great result. Reading between the lines (maybe even more obvious than that) the Judge knew exactly what he was doing and painted ES into a corner from which they couldn't escape - no appeals process details provided, no photo-taking weasel present as a witness, flimsy ticket, lack of adhesive, ticket produced as proof to ES, so what excuse to pursue, council fluttering ticket example - oh yes, he really was totally on top of this. 

ES's only stab at justifying their position '... it was on the sign, innit'!

Redx

Which goes to show the business model of entrapment where the car park is the bait to hook a bigger fish I'd the driver fails to follow the rules on the sign

A bit like failing covid rules in Wales , if you knew what they were , Danny Dyer said on TV today it's perfectly easy to fail rules when they are not simple and clear  , or understandable

BrownTrout

Good result. Was it Allan Marland who attended for the claimant?