Is it too late?

nosferatu1001

It MIGHt apply, but how well can you argue why PE v Beavis means their charge is still a penalty?

whitepatch

nosferatu1001 wrote: »

It MIGHt apply, but how well can you argue why PE v Beavis means their charge is still a penalty?

Well, it would be a penalty as to say a resident cannot unload near their property is unreasonable. So what they are saying is stopping for any length of time is not allowed, this is penalising the resident as otherwise it would be impossible to access my home?

whitepatch

So i have just got to send it how it is, hopefully it will be okay. On the plus side It is a damn sight better than my oh's first WS for the set aside they said could be used in this hearing so we shall see!!

Coupon-mad

Good, you have managed to add more which can't be a bad thing!

You had repetition in the middle though - points 10 -12 said the exact same thing.

Did you attach in the ring binder, all the case law, especially the transcript of this appeal case which is really similar to this case:

(Jopson v Homeguard [2016] B9GF0A9E).

Transcripts of most cases are in the Parking Prankster's case law & 'more case law' pages. If you didn't include all the evidence with the WS, then add those transcripts by separate emails to the Claimant's solicitor, and take them in another file marked 'evidence for skeleton argument re claim xxxxxx (Defendant - your OH's name) hearing date - xx/xx/19'.

May as well put in a costs schedule too (to the court and the Claimant's solicitor) listing all those horrible costs incurred in all their glory, including costs for time reading, researching the law and facts & preparing documents, at the LiP rate of £19 per hour and loss of leave/salary and travel x 2 hearings, pursuant to Practice Direction 27.14:

(c) any court fees paid by that other party;

(d) expenses which a party or witness has reasonably incurred in travelling to and from a hearing or in staying away from home for the purposes of attending a hearing;

(e) a sum not exceeding the amount specified in Practice Direction 27 for any loss of earnings or loss of leave by a party or witness due to attending a hearing or to staying away from home for the purposes of attending a hearing;

(g) such further costs as the court may assess by the summary procedure and order to be paid by a party who has behaved unreasonably;

Just want to be sure you didn't file & serve a WS alone, without all the cases and a copy of proof that he was a resident at the time?

Coupon-mad

What happened?

Your case was last week wasn't it?

Coupon-mad

Whitepatch please update this thread so we know, good or bad?

What was said by the Judge and the other side's rep?

Remind us which court (and which Judge)?

whitepatch

Apologies! The case was adjourned to today!!

And my oh WON!!!

Costs awarded of £510 (£255x2 for set aside) and 2x half day wages lost!!!

Judge Ellis at Worthing county court. The judge was pretty irked that the claimant didn't turn up. And also their representative applied to her for the case to be adjourned, citing not enough time for the claimant to read the new witness statement- which by the way was submitted on 8th March!!!

She dismissed the case based on the fact that there was no evidence to say that my oh was not unloading at the time. Based on jopson v homeguard, 3 mins 32 seconds does not constitute parking. No further defense points were heard.

She was very articulate and I wasn't sure if we had won till she said it!!

Coupon-mad

Ooh, you didn't need me, well done! :T

If I'd known I'd have come and helped you as I was at Worthing court last week in front of DJ Ellis (see StubbornGoat's thread, we won too, and also against UKCPM).

She's sharp as a knife, that Judge and very unimpressed by parking firms, I thought. Methinks DJ Ellis at Worthing is a decent Judge to defend in front of when the C is a PPC.

Costs awarded of £510 (£255x2 for set aside) and 2x half day wages lost!!!

ANOTHER ONE BITES THE DUST!

Well done!

Maybe Miss G the Elms Legal 'rep' who mumbled a lot and made little sense IMHO, didn't bother to come to this one due to being stuffed last week! Quite funny, given that UKCPM are based in Worthing and could have turned up.

whitepatch

Coupon-mad wrote: »

Ooh, you didn't need me, well done! :T

If I'd known I'd have come and helped you as I was at Worthing court last week in front of DJ Ellis (see StubbornGoat's thread, we won too, and also against UKCPM).

She's sharp as a knife, that Judge and very unimpressed by parking firms, I thought.

ANOTHER ONE BITES THE DUST!

Well done!

Maybe Miss Goodinson didn't bother to come to this one due to being stuffed last week!

Ah shame! I did message you, I assumed your inbox gets a lot of messages and you missed my pm.

I thought the same, she very much wasn't impressed.

Their representative had a good word with me after and said he agreed all along we should have won!! He just had to say what he did as he was getting paid to!

:beer:

I'm so pleased!! It has been dragged out for so long!

Coupon-mad

I think my inbox was full as I recall an email saying you tried to message me but it was full so it failed. Just before I went away, a couple of weeks back, so I couldn't reply to you then anyway. Then after that, I forgot this week!

Their representative had a good word with me after and said he agreed all along we should have won!! He just had to say what he did as he was getting paid to!

Aha, so their rep wasn't Ms G this time, the mumbling young lady me and StubbornGoat saw last week!

Very well done, your case was winnable and you got your costs too!

:T