Countrywide Parking Management ltd Appeal Denied

Jenni_D

How close are you to the hearing? (Typos are allowed - I suspect just clarifying at the hearing will suffice. It's not like you've put the other party at a significant disadvantage)

Unless of course you're talking about changing exhibits - that's a different matter and should be rectified via a Supplementary WS ... hence the hearing date question.

baart77

I have 3 weeks left to the hearing. It is just a typo,  it says "please see exhibit 9" instead of 8

Coupon-mad

Ah that's nothing.  Make a note to correct it during the hearing if it comes up.

baart77

We won today!! £31 of cost awarded for travel. Will post more details later this afternoon. Thank you all for your help!

Grizebeck

baart77 said:

We won today!! £31 of cost awarded for travel. Will post more details later this afternoon. Thank you all for your help!

Great news😀😀🍻

baart77

So we won mainly on signage and the fact that they failed to provide the photo of the actual sign and used a stock photo with a different wording. That judge quite strongly said it was an attempt to mislead the court and laziness on claimant's behalf. Interestingly the judge wasn't interested in my argument that tenancy agreement said nothing about parking and he seemed to think the introduction of parking scheme was OK without amending the tenancy agreement if parking is not mentioned there. He concluded with "you live by the principle you die by the principle" and if claimant accuses the defendant of using templates form the Internet they need to live up to those standards and put some effort into providing evidence. The claimant's rep wasn't prepared and tried to argue that the wording makes no difference but the judge had none of it. Grace period wouldn't be a sufficient argument. Lack of signage at the entrance, it's position, the fact it was not illuminated worked in our favour. The judge commented that Codes of Practice are used only when they serve the interests of the parking companies. So overall if they had come better prepared and had provided sufficient evidence of there not being a permit we could have lost. So it has to be prepared thoroughly. For anyone going through something similar I would say first of all avoid getting yourself in that position if you can. If you park somewhere read the signs. 

Thank you again to all involved and good luck to others.

*Edited the typos

Coupon-mad

"He concluded with "you live by the principle you die by the principle" and if claimant accuses the defendant of using templates form the Internet they need to live up to those standards and put some effort into providing evidence."

I love that Judge! Who was he & which court?

Well done - ANOTHER ONE BITES THE DUST!

Excellent court report.  

And we sincerely hope you are au fait with the need to respond to the final Government Public Consultation?

Hopefully - amongst all the political disruption - the final Consultation about the level of parking charges will be open later this year or into January.

We all need to ram the nail in the coffin of the false £70 'DRA fee' add-on, that actually funds the court claim and toxic CCJ culture, as well as the DRA gaslighting of people.

Just checking you are among those ready to respond to the questions as you have personal experience of how this crap feels?  Please come back here when it opens, and you can make sure you don't miss the Consultation:

If you are not a regular reader, to be alerted you'll need to bookmark the thread by MSE_JC at the top of the forum and enable (on your profile) email alerts for bookmarked threads.

Then join us when the Consultation opens.

baart77

"I love that Judge! Who was he & which court?"

I forgot the judge's name, sorry. It was in Southampton. 

Coupon-mad

Hahaha!

Southampton of course. Lovely Judges.

DJ Grand
DJ Taylor

to name but two!

baart77

Is it possible to check who it was? I can do it if it helps anyone?