Mostly LOST case— (Premier Park & BWlegal for ANPR overstay)

Drbw

It is fascinating how theory and practice are so very different. In theory, laws are absolute and black and white. In practice, human psychology, being asertive and demanding is probably more important than the law in such cases. 

I would advise anyone going into a hearing to establish that the claimant is an opportunist, and wasting the courts time. That they are from an industry that makes money from intimidation. That claimants court time and costs are not even covered by the claim, and that court cases are used (abused) to exert pressure and intimidation. Refer to the debates in parliament re. this. 

If you do this then you'll have the judge's attention. There is implicit injustice in this story, and you are attributing the waste of the courts time (and tax payers money) to the claimant. From there you may be able to present the case with a judge more engaged in your plight. 

Of course, there are no guarantees. A judge is thinking: 'okay simple matter, a sign, a contract, its not much money, lets bash this out and check the cricket score. I have more important cases that are worthy of my considerable cerebral abilities, this is not one of them.'

Win the moral victory, and often the legal case becomes far easier to present is my two pence worth

Umkomaas

👆 What an excellent post, summing up perfectly the whole issue of the court system being used as part of a very grubby extortion racket. 👆

WhizzKid

It was fascinating. I have been in court many times before. I have instructed barristers. This was quite different to my usual experience.

I opened with the fact that the claimant continued to harass me and had escalated their demand from £100 to almost £300 in recent weeks. But the judge seemed intransigent. This one goes down to experience. Your advice about suitably informing the judge about the claimant's behaviour is sage. I took great issue with the copied paragraphs in their WS that were suitably defamatory of me. I have more letters after my name than in it and I do not have a short name. To assert I cannot defend was preposterous.

Coupon-mad

PLEASE COME BACK AND STICK AROUND THOUGH! 

WE NEED YOU TO MAKE SOME COMMENTS TO GOVERNMENT, TO CHANGE THINGS FOR THE FUTURE

Please do us and yourself (and the driving public) a favour and stick around on this forum every week - at least for the Summer - to ensure you see when the Government publish and open the final Technical Consultation.

We will be talking about it and the public will have about 4 weeks we think, to tell the MHCLG what you think about the level of parking charges, that the MHCLG has admirably decided already will start at £50 (50% discount) and not £100:

Outcome of 2020 Consultation (look what the public comments achieved so far):

https://www.gov.uk/government/consultations/parking-code-enforcement-framework/outcome/parking-code-enforcement-framework-consultation-response

Planned Summer 2021 additional Public Consultation:

https://www.gov.uk/government/news/government-to-open-technical-consultation-on-fairer-parking-charges

It's not open yet but please keep check here to see when it is. 

We need real people like you to counter the spamming that happened last time from the industry.

WhizzKid

I remembered today that the judge opened by saying he hadn't actually fully read the submissions from either side!

Coupon-mad

I was told by @ParkingMad who watched, so did HHJ Simpkiss before the car crash of the appeal hearing in OPS v Ms W.  He even said he'd not looked at the evidence and then said things during the hearing that were presumptions. 

Then he went away to think about the case (but had already clearly made his mind up and lapped up every word OPS' barrister said, whether backed by substance or evidence, or not) and 4 months later delivered a judgment so full of holes that the local Judges are not going to have a hard time ignoring it, IMHO. 

Anyway the small claims track is a shocker.  Easily manipulated if you get a credulous/clueless Judge.

D_P_Dance

 Easily manipulated if you get a credulous/clueless Judge.

If you get a clueless judge complain, complain, complain.