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  • Umkomaas
    Umkomaas Posts: 43,829 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    plus your loss of leave/salary,
    Make sure you take a recent payslip to prove your earnings level.
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Private Parking Firms - Killing the High Street
  • The_Deep
    The_Deep Posts: 16,830 Forumite
    edited 28 November 2019 at 9:14AM
    IMO your chances of winning this are no better than even.

    I read of a case some years ago where a police car (Hampshire Constabulary IIRC), was caught on camera doing something wrong. For whatever reason the the police had no record of who was driving, and the Chief Constable was prosecuted for failing to name the driver.

    I know that this differs from contract law, but the principle is the same
    You never know how far you can go until you go too far.
  • All done and dusted....Case lost.....Ordered to pay £100 plus £100 costs.
  • Le_Kirk
    Le_Kirk Posts: 25,170 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    Oh dear sorry to hear that, if you can bear it, can you explain on what grounds you lost?
  • nosferatu1001
    nosferatu1001 Posts: 12,961 Forumite
    10,000 Posts Third Anniversary Name Dropper
    Yikes, how come you had to pay costs? They will habve had no allowable costs...
  • They had brought the claim against us as 'Obstructive Parking'.

    Being a company defendant and the vehicle was a company vehicle and clearly causing an obstruction in pictures provided which couldn't be denied. The Judge said they had us bang to rights.

    The company authorised the use of the vehicle on that day and despite the fact that the vehicle had no grounds to be there on any company business, and was clearly being used for reasons outside the companies wishes, liability still lands on the company.

    The judge advised that within our employment contracts we should specify exactly what are vehicles are permitted to be used for, then we may have had a case to say that it was being used outside of its remit?
  • The Judge said £100 costs was the minimum he could allow??
  • DoaM
    DoaM Posts: 11,863 Forumite
    10,000 Posts Fifth Anniversary Name Dropper Photogenic
    Luce2120 wrote: »
    The Judge said £100 costs was the minimum he could allow??

    Huh? £100 PCN - yes; Claim filing and hearing fees - yes. What else was included? i.e. how was the claimant's claim broken down?
  • £50 solicitors fee, £25 Claim filing etc, £25 Court/Hearing Costs?

    I questioned the £100 costs and he got a bit funny with may saying this was the absolute minimum and basically I was lucky it wasn't more.
  • DoaM
    DoaM Posts: 11,863 Forumite
    10,000 Posts Fifth Anniversary Name Dropper Photogenic
    Did their claim originally have an added £60 debt collection charge?

    Been a while since I've seen someone mention £50 solicitors fee in a claim.
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