Residential PCN help please - ***I WON***

D_P_Dance

Read this

https://www.consumeractiongroup.co.uk/topic/324523-ukpc-liable-for-trespass-success/

and then conside your revenge.

https://www.citizensadvice.org.uk/law-and-courts/legal-system/small-claims/making-a-small-claim/

Le_Kirk

Well done and thanks for coming back to let us know the outcome.

amateurgirl

Due to the circumstances, I don't think it could be described as a normal hearing. The judge obviously hadn't expected to be in court that day, so probably had other plans which had to be delayed while he heard my case. As a result I don't think he had a lot of time to spend on it, and he didn't have to because the Defence and WS said it all. UKPC's legal rep did a lot of talking, but I think the judge was pretty much on our side from the start, and he didn't appear to be convincing the judge. I had my 'other witness' with me, who said he was actually my Mackenzie Friend, so the judge allowed him to speak, but between us we actually spoke only about a dozen words; but, as I say, we didn't need to because the case was clearly laid out in the documents. I don't think the judge had UKPC's WS or exhibits either, so had to focus purely on their Particulars of Claim, so there was no discussion about Primacy of Contract, double recovery or the relevance (or not) of Beavis. However, in his judgement he did say that I was obviously a legitimate user (of the parking space), that I'd hardly enter into a contract to pay for something I was already entitled to and that the case was about residential parking as opposed to commercial, so he did reference P of C and Beavis. What won it was that he could find no justification for issuing any of the PCN's and, in terms of two of them, that issuing them had actually been unreasonable in the circumstances. In answer to Beamerguy's question above, yes the legal was SCS Law and he used SCS' 'Word of the Month', "unfettered". We actually went armed with Lamilad's court report on UKPC v Ms M, to use as our trump card, as the circumstances of her case were identical to mine, but unfortunately we didn't get the opportunity to present it. 
Also unfortunately, the judge didn't find for unreasonable behaviour by UKPC, so we had minimal expenses awarded and we actually made a loss in that respect. Like Lamilad in UKPC v Ms M, I felt incredibly aggrieved by this - I felt that UKPC had got off lightly and that my win had actually been undermined. But the main thing is that I won and that, after 6 long years, the whole horrible affair is finally over. 
So thanks again to all the wonderful people on this Forum, regulars and posters alike, who've contributed to this win.
Thanks, all.

Umkomaas

However, in his judgement he did say that I was obviously a legitimate user (of the parking space), that I'd hardly enter into a contract to pay for something I was already entitled to

That is a very telling statement and applies to most residential cases. 

We actually went armed with Lamilad's court report on UKPC v Ms M, to use as our trump card, as the circumstances of her case were identical to mine, but unfortunately we didn't get the opportunity to present it.

In some way, not having the opportunity was probably a good thing for you. Unless all the evidence you are to rely on in defence is served on all parties prior to the hearing, it cannot be presented on the day. Ambush is forbidden. For sure the SCS advocate would have objected and a grumpy Judge might have been made more grumpy with an ambush attempt. Not something worth risking in any delicately balanced case.  

Nice account of your victory though, well done, and thanks for providing us with it. 

D_P_Dance

The judge said that  he could find no justification for issuing any of the PCN's and, in terms of two of them, that issuing them had actually been unreasonable in the circumstances. 

but then went on to say that he didn't find for unreasonable behaviour by UKPC,

In my book that we be grounds for a complaint.   Have you read Davey v UKPC?

https://www.consumeractiongroup.co.uk/topic/324523-ukpc-liable-for-trespass-success/

Coupon-mad

Some Judges wrongly think that unreasonableness only relates to not complying with court Orders (misconduct in litigation).

D_P_Dance

Indeed, and as you say, they are wrong.

https://www.collinsdictionary.com/dictionary/english/reasonability