Parking Eye Fine

MistyZ

You're welcome!

Any last minute thoughts or questions?

As we've exchanged messages I know a bit about how much all this has worried you and the very real difficulties that could have held you back. But you pushed on regardless. You're amazing!

sweetgem

No Misty I think you and all the other guys on this forum whose help has been invaluable are the amazing ones. So thank you so much for all your help. Let’s see what the outcome is. I’m really nervous

KeithP

sweetgem wrote: »

I’m really nervous

Perfectly natural.

Have a look at this short video:

www.youtube.com/watch?v=n93eoaxhzpU

Is that what you imagined?

sweetgem

worse and more scary than that. My anxiety has kicked in. Im not good at dealing with confrontation

sweetgem

Just one more thing. I mentioned in point 15:

15. I suggest the lack of prominence of the hidden keypad is either as a result of negligence or a deliberate action by this Claimant and they cannot blame the Hotel Staff, when the Protection of Freedoms Act 2012 schedule 4 (the POFA’ – see Exhibit- 3) burden for ‘adequate notice’ and a relevant obligation/contract falls squarely with the parking firm trying to create a contract regarding a parking charge

I couldn't find the burden for adequate notice and a relevant obligation/contract falls squarely with the parking firm trying to create a contract regarding a parking charge. I didn't know where this was on the POFA so couldn't highlight it. I did put it into a word document to find 'burden for adequate notice' or some of the words in that sentence but nothing came up. can someone point me in the right direction under which paragraph it comes please

sweetgem

Also I mentioned the Beavis case in my defence but not in my Witness statement. Will the Judge bring it up and how do I tackle this

Coupon-mad

sweetgem wrote: »

I couldn't find the burden for adequate notice and a relevant obligation/contract falls squarely with the parking firm trying to create a contract regarding a parking charge. I didn't know where this was on the POFA so couldn't highlight it. I did put it into a word document to find 'burden for adequate notice' or some of the words in that sentence but nothing came up. can someone point me in the right direction under which paragraph it comes please

Control & F when looking at Schedule 4 and put in the word 'adequate'.

Then the same for 'relevant contract' and then 'relevant obligation'.

It is all there in the Act.

Court cases are actually exhilarating and (I find) fun, but give yourself plenty of time to go to the loo and read your notes/get water once in the waiting room. An remember to allow time to park, get through security (like an Airport) and to sign in with the Usher.

DO NOT agree to chat with the other side's rep in a side room and no agreeing to take any papers they might try to hand you in the waiting area. Think of it like a job interview, a formal meeting, that's all. Judges are usually lovely.

Search this forum for hearing tips - loads of winners felt like you!

sweetgem

‘If you fail try try again’

Not in my case. The judge found in favour of The claimant. Took me a. Couple of days to digest. Pretty !!!!ed off. More than half way through the hearing which only lasted 35 minutes ( and started approx 40 minutes late) the judge didn’t have my witness statement in front of him. Before that he didn’t have my dyslexic report so I had to give him my copies. He spent all of 5 minutes reading through it. I think this threw me even more and completely lost track of what I needed to say. Judge came to the conclusion when he looked at my email of my meeting and the entry time into the car park that I was running late. I wasn’t focusing and missed signs. And my dyslexic report was merely a study report which really didn’t have bearing on my case. Meaning that it wouldn’t had mattered if I was dyslexic on that day because I was about 10 minutes late. I pointed out the claimants witness statement where they had evidenced the signs that these could be from any hotel as there was nothing to state they were from that particular one or in fact if that was the exact reception area as there was no signs to state it was this hotel in such and such area.
Really didn’t get much chance to speak and lost my nerve. I felt I was being talked to like a 5 year old when the judge first started speaking to me. He had the defence statement in front of him and only when I read something from my witness statement he asked if I had information other than what was in front of him and I said yes I’m reading point so and so from my witness statement to which he replied oh I don’t seem to have a copy of that.
I’m
And when it came to costs I stated that they would to settle at £125 out of court settlement ( followed what Coupon-:mad advised) and the judge said it doesn’t matter it didn’t make a difference and then their solicitor jumped in and said ‘in that case I would like to claim for me attending the hearing which is about £50’. I nearly had a heart attack ( I was already £175 Down and to add another £50 to that would have been damaging). Luckily the judge said on this occasion as the solicitor had not pleaded it before the hearing he would not award him for attending the hearing.

18 months of stress over. Never again

Redx

Sorry to hear about your loss

MistyZ

I'm glad you posted this. People need to hear the full range of experiences.

I understand that P.E.'s list of others who had entered their registration numbers in the terminal on that day was considered significant ....?

Does anyone have any ideas as to how that could have been challenged? Seems to me that the likely scenario is that most or all of those who inputted their registration numbers would be staying at the hotel. They would have to check in and at that point the terminal could be indicated or, indeed, produced. The OP was simply going to the bar and had no need to stop at reception.

I also understand that there was a pseudo-technical discussion about dyslexia between the judge and P.E.'s representatives. Something to the effect that the OP's 'single word recognition' appeared adequate, therefore rubbishing the whole dyslexia aspect. I have taught many children and young adults with dyslexia and to say that that approach is simplistic is charitable.