Court Claim - AoS Complete

Undisputed3001

I won mine last Tuesday.
Don't be nervous, it's not too formal.

Chances are the claimant will be under prepared ...

Loadsofchildren123

Just found my way back to this thread. Good luck!


I hadn't recommended you use the POFA points because this would involve you essentially denying (or making them prove) you being the driver, and you were driving and you do have a good driver's defence (the grace period argument).


I wouldn't bother introducing that now, it is clutching at straws. Your defence is that you were within the grace periods allowed for parking, which exist precisely to give drivers enough time (at the start) to find a parking space, read the signs and (at the end) to leave the car park, allowing for delays getting to the exit caused by other drivers parking/exiting spaces, queuing up at the exit point etc.

Tommer123

Thank you - I feel ready!!

DoaM

Good luck!

Tommer123

I won today! Thanks for everyone's help - so so appreciated!!

I'll post details when I get a chance but it's been a busy week... partner only had a hysterectomy last night and is still in hospital so I have my hands full with two troublesome toddlers!


Ps. I won! :T:j

Undisputed3001

Well done!
Great feeling isn't it? ��

Loadsofchildren123

Looking forward to hearing the gory details!

RippedOffBritain

Brilliant !! Congrats !! and to the Collaborative effort from the members here.. the last few days of solid reading has left me gobsmacked at both the general cheek and scummy behaviour of the PPS' but moreover the repeated wealth of knowledge provided over and over again to assist in exposing them, so Congrats to all! also waiting with baited breath for the nitty gritty when you get off this months rollercoaster :P

Tommer123

So, the hearing was delayed by about 20 minutes and the case was heard by a different judge than planned. We went into a small court room, judge behind a long desk and myself and PE's solicitor sat facing him. The judge mentioned that he had only just picked up the case but had read the witness statements. I don't feel like he had looked at my defence at all. When asked by the judge what my main defence point was, I said that I was not parkedfor the alleged overstay, it was within grace period and that I couldn't have done anything more to leave the site quicker. We then explored the difference between staying and parking to which the judge decided the car park was a maximum STAY... so I tried to move the focus back to the grace periods. We debated 13.2 & 13.4 of the BPA CoP heavily for nearly half an hour but the judge decided the paragraphs referred to the same, single minimum 10 minute period (dammit). One of the points I made was that before ANPR cameras were used in car parks, you would naturally have (free) time to park, walk to a ticket machine and purchase a ticket, my point was that there should still be time to at least find a space and park in an ANPR operated car park, I'm not sure he fully understood my point and said something like 'but you'd never have a ticket machine as well as ANPR cameras', this was my chance to make PE look like the crooks they are as the PE car park opposite the court did in fact have ANPR cameras AND a ticket machine!! I'm glad I was able to make this point and think it may have contributed to the outcome slightly. Ok, back to the BOA CoP, he was very interested in the part (I think paragraph 13.3?) that states the PPC must tell the BPA what te grace period is. The judge heavily questioned their solicitor on this and their only reply was 'my instruction is that it is 10minutes' they both searched through the PPC's evidence pack for evidence of this but nothing could be found (if it was in the retail company instruction contract, they couldn't see it because the T&C's text was so small).
The judge made the point that the grace period could in fact be 12 minutes or 14 minutes for this site and he didn't seem to like the fact that the PPC could actually just make it up as they go along (ie. in court cases!). He summarised the case in his own words and asked us both what our final main points were - (I had to think carefully so as not to make a point that he had already dismissed so this was tricky) so I said there was absolutely nothing more I could have done to exit the site quicker. [Earlier in the case their solicitor actually suggested I was an overly-courteous driver and therefor it may be my own fault for not leaving on time!:eek:]. I can't remember what their solicitors main point was but I think they referred back to the parking / staying argument.
The judge found in my favour (and I can't for the life of me actually remember the exact wording he used!) and that was it, he asked if there was anything further and we both just said thank you. I totally forgot until we were stood up and about to leave to ask about claiming my own costs, when I mentioned it to the judge he immediately dismissed me, it was very awkward because I forgot to ask about it at the appropriate time.

Hard work paid off and I thank everyone again for their contribution and time

:beer:

Undisputed3001

Great summary and a pity you didn't get your costs.

Just shows that the judge you get makes a big difference. My case was plain sailing compared to yours.

But a win is a win!