Hw close does a parking sign need to be?

StClements

I stand correct . Thanks for the very prompt and useful response!

StClements

*Case struck out, court report to follow* 
Need to get back to work, will write a report when I get time, wanted to share the result of today's hearing of my case. The case was struck out due to 'too many contradictions' a.k.a the buffoon who wrote the WS for my case must have thought he was pursuing an entirely different case altogether. Gladrags didn't turn up. Partial costs awarded. 

nosferatu1001

Nice! 
No rep at all?
If they dont bother to even turn up and dont tell the court, you REALLY should have a !!!!!! off judge wanting to roast them - guessing you didnt!

Le_Kirk

StClements said:

*Case struck out, court report to follow*  

Nice result, looking forward to the court report.

StClements

Court report

Location: Clerkenwell and Shoreditch County Court
Date: 18th February 2020
Case before: Judge Pigrim

Non case specific musings (skip if only interested in actual case hearing, this is mostly for humor)
Trouble on the tubes so left extra early in my best threads so to be on time and presentable. Court letters had told me the case was going to to be heard by Judge Swan, when I got there I was told Judge Swann was on vacation so Judge Pigrim would be hearing it instead. I was the first person to get to the waiting area, when the Usher arrived she noted my arrival. I sat close to her to make sure if Gladrags did send a rep I could know and size them up as soon as they arrived. Lot of commotion, one of the other Judges was running two hours late (as you do) so from what I gathered Judge Pigrim was doubling up. The court was in a bit of a state, the Usher's desk was underneath a set of stars - reminded me of the 'where's spot?' lift the flap book for young kids "is he underneath the stairs?...no!" Furniture looked like it came from a flea market, the mens/womens joint facilities looked like a choronovirus trap so even though I was desperate to go I decided it wise to sit on it instead. I was troubled at how, we'd let the most important of civic institutions fall into such a state. 
 
Two hoary harry solicitor types swanned in, exchanged pleasantries and flattering sweet nothings with the Usher and managed to get themselves first viewing with the Judge, cheeky sons of mums. After I while I inquired with the Usher when my case would be heard as it was way past the start time, she told me it would be within the allocated two hour slot and the other party had not arrived yet (not my problem i thought). Soon after she announced through the tannoy "if the representative for UK CPM has arrived, can they please come up to the forth floor". I was mildly amused at how accommodating they were being to this vile company. Soon after the lift doors opened a hurried and legally looking young women came through and bustled her way to the ushers office "I was told to come up here but I don't believe i'm down for a case on this floor" she said "are you a rep for UK CPM? we have two cases involving UK CPM, both the defendants have arrived but not anyone on behalf of the claimant UK CPM" said the usher, "Well I've got two other UK CPM cases, I'm not down for any of these two she said, pointing at the Ushers list" and then went back down the stairs. I was little bit disappointed, first time in court, never seen a solicitor in action before, was looking forward to seeing what these curious creatures actually did for a living but alas, wasn't mean to be. 

It was really getting on now, nearly the end of 'my two hour slot' so getting frustrated I perked up a bit and said to the Usher "excuse me, its nearly the end of the morning and I need to get back to work soon", "I'm sorry but you are going to have to wait, we have quite a backlog this morning and a representative for the claimant still has not turned up, you're going to have to call your employer that your going to be late, plus it's lunch time soon and we'll be breaking and reconvening at 1pm", I decided to take a calculated risk and up the anti "If UK CPM didn't want to turn that's their loss, I'm sorry I can't do that, i'm afraid I can't stay beyond 12:30 at the latest, the letter from your told me my hearing would start at 10am and it's nearly 12 now, I’ve got meetings at work that I just can't miss", she didn't take too kindly to the challenge and said "If you go it will be your loss, the claimant has already filled papers against you, so it would be your loss if you go" I lost it a little bit so decided to hit the nuclear button, I walked up to the notice board and stood in a way the Usher could tell I was looking at the 'How to make a complaint' poster. I sat back down looking at the poster and tapping the keys on my phone to give the impression I was writing up a complaint. It worked! as soon as the next case finished and the parties worked out, she rushed in to see the Judge and when she appeared again soon after, looked at me and said the "The judge would see you now", now I expected the Usher would have intimated to the Judge I was becoming a nuisance but partly out of anger and partly out of hubris I was happy to live with the consequence of that, plus I really needed to take a leak now. 

The hearing        
I was told to enter the room and sit at the front and right seat before the Jude by the usher and I obliged. As soon as my bottom hit the seat the Judge started drilling into the claim on my WS that I had right to park under my leasehold agreement. He'd hit my weak point, the leasehold document structure for my block was a complicated mess, effectively there are two leasehold agreements (there's a claim of a third but that's another story) between mine and the freeholder. I had copied out the pages from all the relevant documents that passed on the right to park to its immediate under lease but I had missed the lease directly above mine. I realised I had done this when I was reviewing my case in the week leading up so I brought along the original documents to so I could should the missing pages to the Judge. The told me bluntly he wasn't interested in any evidence that wasn't in my bundle as the other party was not privy to it. 

Now I could have argued my point on this, and also gone through the other arguments I listed in my WS - bad signing etc. but the WS from gladrags was such a joke I decided it wasn't worth bothering with lengthy tedious debates over my WS. Also it was near to the judges luncheon time, i was sure his dutiful Usher had complained to him about how pushy i was being and he was looking to make a quick ruling, preferably against but i was sure based on the claimants WS it would be easy to change his mind.

He allowed me to proceed to challenge the claimants WS, so I points out all the fabrications and lies in it, wrong pcn, wrong car reg, wrong date, wrong time, wrong place, false claims of displaying a fake permit. I was quite particular about calling these out as fabrications and lies and also the fact it was signed as a statement of truth by the defendant because I was hoping the judge would comment on whether this was perjury, unfortunately he didn't have the  instinct to pursue that. Anyway, he decided there were too many contradictions in the claimants WS and struck the case out. As easy as that.  He asked if I had costs, I obliged, the only one he granted was costs in lieu of day off work. His rejection of some of my other claims left me a bit miffed; he told me there was no need to raise a claim for the time spent researching POFA because the claimants WS was so bad I didn't need to rely on POFA. I pointed out i researched POFA in anticipation I may have to, and the claimants WS was received only AFTER I had no idea how diabolical it would be, but he wasn't interested. 

All in all, I managed to annoy the Usher and Judge and still win and get partial costs awarded so quite happy with the result. 

All that leaves me to say is a big thank you to the boffins on this forum for your insight, and to Le_Kirk, Coupon-mad and also 1505grandad, waamo, The_Deep and Quentin for help with my case and a special thanks to Umkomaas for a forensic look through my Defence.

 

All the best.

Le_Kirk

Great court report (the reporting not the state of the court room and actions and attitude of judge and usher) made I larf!  And a WIN.

nosferatu1001

Ah so no unreasonable behaviour? Did you raise CPR27.14(2)(g) and say - surely them
- not turning up and not ttleling the court
- filing a CLEARLY fraudulent WS
was unreasonable?!?

StClements

nosferatu1001 said:

Ah so no unreasonable behaviour? Did you raise CPR27.14(2)(g) and say - surely them
- not turning up and not ttleling the court
- filing a CLEARLY fraudulent WS
was unreasonable?!?

I wanted to raise CPR27.14 but the judge wasn't interested, too close to his lunch time I think. 

The judge seemed quite sympathetic to them not turning up "maybe they felt the strength of their argument meant they didn't need to" *stregnth of what?* I wanted to shout but thankfully I managed to bite my tongue. 

one more interesting detail I missed earlier. While i was in the waiting area, a court attendant walked up to the Ushers desk with a paper with what looked like court listings. I heard them talking, the Usher said 'the UK CPM rep hasn't turned up yet' the other lady replied "these cases are normally heard on papers" my eyeballs popped hearing that so I interjected "i'm not willing to have my case heard on papers", the Usher responded "No no your case will be heard, we're just discussing some administrative things" like she was fobbing off a ten year old kid.  

nosferatu1001

You raised and he said no? I would have spent some time arguing this myself. Im shocked he wasnt annoyed at the claimant more - lying to the court?!!!

StClements

nosferatu1001 said:

You raised and he said no? I would have spent some time arguing this myself. Im shocked he wasnt annoyed at the claimant more - lying to the court?!!!

That's right, I thought lying was a big deal in front of a court? the judge didn't seem interested. He only saw the WS as 'contradicting' their exhibits, e.g. their WS claiming it was parked on a given site yet the PCN claiming a different one entirely. He didn't seem willing to go beyond that despite me stating these as lies, is that unusual?