Im going to court!

Azrael125

Claimant in their recent WS is saying my case differs from forbidden parking(Mr J) as their signs says Permit holders/authorised parking only.
Mr J at guildford signs said Authrised permit holders only.
Trying it on? No idea if the judge is going to read any further documents or just decide on what he heard prior plus additional Mr J case.But hearing is scheduled for1 hour.

Coupon-mad

Claimant in their recent WS is saying my case differs from forbidden parking(Mr J) as their signs says Permit holders/authorised parking only.
Mr J at guildford signs said Authrised permit holders only.

Trying it on?

Hahaha, yes!

Rehearse how to explain your defence and how your case law is relevant and how there was no contract, and the Claimant cannot hold a keeper liable outwith the POFA (Henry Greenslade - barrister, parking expert erstwhile PATAS and POPLA Lead Adjudicator)

An hour's hearing is not just the Judge reading stuff; you will get another chance to speak.

Azrael125

They contradict themselves. In one paragraph they are saying its not forbidden parking,then next one they say car park is not for public! Gladstones(I assume its they who wrote it) are clowns.

beamerguy

Azrael125 wrote: »

They contradict themselves. In one paragraph they are saying its not forbidden parking,then next one they say car park is not for public! Gladstones(I assume its they who wrote it) are clowns.

CLOWNS ?? ....... Indeed they are

Azrael125

Hi guys just home from court and happy to say case was thrown out! They brought a solicitor with them for new hearing and tried to claim there was still a contract but Judge had read up on Forbidden parking terms and agreed there was no contract,mentioning that a contract had to have an offer and acceptance etc. He told them in reply that it was "riicidculous to suggest anyone would park there accepting that they would have to pay £100". He also refused there appeal request,though they did suggest they would go above Judge(dont know how).
I will get a transcript.
Thanks to all on here.

Socrates_1

May I be the first to congratulate you on your win.

Operators like that need all the abuse a court can give them if, after all this time, they can't get the basics right. Even if the signs were badly written, there were never enough in the first place. Companies like that just give the impression that with a few key phrases that people can see these claims off. It is not the case.

There is great expectation that Greg Knights bill will sort out these incompetents to the extent that the signs and the paperwork will be prescribed. Judges will never need to question a sign or paperwork again. Whether it will dawn on these operators is another matter.

BrownTrout

Well done
Many reps for parking firms ask to appeal and they can apply for permission to appeal although I really dont know why they bother

The_Deep

Well done. Did you get proper recompense, i.e. costs for unreasonable behaviour, (CPR27.14(2)(g)? If not, send them a letter before action for your time at the litigant in person rate at £19 an hour, including time spent in court.

ttps://www.rocketlawyer.co.uk/documents-and-forms/letter-before-action.rlm?msclkid=a5c26f956b9713ce0b6333441f2f23e8&utm_source=bing&utm_medium=cpc&utm_campaign=BSN%20-%20Letter%20before%20action&utm_term=letter%20before%20action&utm_content=Exact%20-%20Letter%20before%20action.

Have you complaine to your MP? They are obviously trying to scam you. and Parliament is well aware of the MO of these private parking companies, and on 15th March 2019 a Bill was enacted to curb the excesses of these shysters. Codes of Practice are being drawn up, an independent appeals service will be set up, and access to the DVLA's date base more rigorously policed, and persistent offenders denied access. Hopefully life will become impossible for the worst of these scammers.

Until this is done you should still complain to your MP, citing the new legislation.

http://www.legislation.gov.uk/ukpga/2019/8/contents/enacted

Just as the clampers were finally closed down, so hopefully will many of these Private Parking Companies.

Redx

well done from me too


another one bites the dust

Azrael125

@the Deep I didnt get my costs via The Judge I will do as you suggest.
Additionally what does the forum think about trying to get a refund for losing a previous case to same claimant same car park.

Edit: does soemone have a template I can use?