Im going to court!

Coupon-mad

the JUdge told me he coudlnt even watch my video I linked as court had no facility. Jeez!

Obviously - you were meant to take your laptop to show it, as we tell people to do who want to show a video. You can't assume you can just rock up and show a video.

I contacted Guildford court today in hope of obtaining a copy of transcript but as I wasnt involved I cant,but the Judge can apaprently.

There is no transcript of all cases. They are not done automatically and stored somewhere, they don't exist. It costs money and the parties to the case can get one, had they wanted.

I already told you, if it's not linked in the Prankster's blog it doesn't exist.

Sadly this doesn't necessarily bode well for you and I hope I am wrong.
You sounded under-prepared for the hearing if you didn't even take along the PP's blog (you took no evidence at all about the case you were mentioning) and you can't add new evidence now.

Wait and see and hope this is a Judge who hates PPCs and is trying to think of a way for you to win. There are a few Judges like that at Manchester, from what we know, but where was your court?

Azrael125

Coupon-mad wrote: »

Obviously - you were meant to take your laptop to show it, as we tell people to do who want to show a video. You can't assume you can just rock up and show a video.

Yes I did that even then he wasnt keen.

There is no transcript of all cases. They are not done automatically and stored somewhere, they don't exist. It costs money and the parties to the case can get one, had they wanted.

I already told you, if it's not linked in the Prankster's blog it doesn't exist.

Okay.

Sadly this doesn't necessarily bode well for you and I hope I am wrong.
You sounded under-prepared for the hearing if you didn't even take along the PP's blog (you took no evidence at all about the case you were mentioning) and you can't add new evidence now.

Not neccasarily. I cited the case in my statement and gave the case number it was enough to convince Judge to adjourn.I dont think I was ill prepared at all, I didnt think printing out forum page was classed as evidence.Live and learn.

Wait and see and hope this is a Judge who hates PPCs and is trying to think of a way for you to win. There are a few Judges like that at Manchester, from what we know, but where was your court?

Yes quite possibly, but from what I saw he was quite taken aback at the citation,enough to make him adjourn anyway.

Coupon-mad

Very odd. All you did was mention another county court decision; IMHO most DJs would brush it aside as each case is different and sets no precedent.

Let's hope he was looking for a reason to make a decision for you.

Azrael125

Coupon-mad wrote: »

Very odd. All you did was mention another county court decision; IMHO most DJs would brush it aside as each case is different and sets no precedent.

Let's hope he was looking for a reason to make a decision for you.

Maybe "my" Judge will contact the Guildford one-otherwise he will be relying on the internet,who knows,in a month we will see .:)

Azrael125

Thought Id list soem aspects of the hearing that frustrated me just for further ref to anyoen who may experience similar.
1. On lack of signage where car was parked ,Judge said its irrelevant if you passsed a sign with T&Cs on it.
2. On lack of entrance sign at car park,claimant said that only applied to car parks that were pay and display.Basically lied to tthe Judge.
3,. He wouldnt allow extra Witness statment to be ruled out.
4.I should have been more forceful but I felt that arguing back and forth with claimant would !!!! judge off.
5 I mentioned different wording among signs claimant said they all stated words " terms and conditons".
It was like banging my head against a wall lol.

If in worse case scenaerio he finds against me is it worth appealing and what happens if you do?
From what Ive seen "Forbidden parking " is quite a strong point to have,

Coupon-mad

Sounds like an awful Judge and you were unlucky, so I worry about the decision he/she says they will hand down later. Did you even get on to discussing why they CANNOT claim more than the sum on the NTK (£100?) plus court fees?

I worry this Judge will wrongly allow the whole claim, made up 'damages' and all.

Which court, which Judge?

You say it was adjourned, so he/she didn't give you both a date for 'round two' then? Just that he/she would retire to consider the decision, and will write to you?

Azrael125

Coupon-mad wrote: »

Sounds like an awful Judge and you were unlucky, so I worry about the decision he/she says they will hand down later. Did you even get on to discussing why they CANNOT claim more than the sum on the NTK (£100?) plus court fees?

Hi CM,yes he was a pain in the rear and no.

I worry this Judge will wrongly allow the whole claim, made up 'damages' and all.

Which court, which Judge?

Worries me too hence my question about appealing.Huddersfield court and dont know his name,must have been listed on notice board I assume but didnt note it

You say it was adjourned, so he/she didn't give you both a date for 'round two' then? Just that he/she would retire to consider the decision, and will write to you?

He just said first available date after 28 days had elapsed,so yes I await a letter

Azrael125

Update:have received my new hearing date in May and whilst searching "Forbidden parking" I came across the Amended operators handbook issued by BPA in which it states:

"Whilst the majority of parking on private land can be enforced under the formation and breaking of contract terms, there are certain scenarios where this would not apply, particularly if the motorist is explicitly not invited to park on the land. In this case the motorist is a trespasser and would be committing the Tort of Trespass...So if a driver parks on private land where he has not been invited to park or given permission to park he would be trespassing"

Maybe be worth passing this to the Judge in new hearing. One assumes he would be familair with suich a ruling by then anyway?

Coupon-mad

That's not a 'ruling' by the BPA, it's just words. It's true, but it is only words.

But why not file & serve a copy in advance, of that page. Plus the case of PCM v Bull (transcript available from the Parking Prankster's case law pages).

File & serve them with a 'skeleton argument' (see NEWBIES thread) and point out that the Judge allowed a late supplementary WS and evidence from the Claimant so you confidently now supply these exhibits and skeleton argument ready for the new hearing.

Your skelly also needs to deal THOROUGHLY with the question of unrecoverable costs. You cannot let made up costs be added and waved through by a clueless Judge.

The_Deep

Indeed. Unless the owner of the land, (not the poodle), can show he/she suffered damage to their property, they would only be likely to be awarded nominal damage, say £10