New Claim form - One Solutions Parking - Private land

Shadowcheater

You're right of course Le_Kirk, for some reason they sent me their WS statement twice. I've looked through them and they look identical.

Shadowcheater

I have PM you Coupon - Mad, Thank you so so much.

Coupon-mad

Case was won by this OP - looking forward to the court report!

Shadowcheater

Hey every one, so very happy to say that we won the case hands down. Can't thank the team enough, especially coupon - mad and manda.

I think it might be useful for someone if I write a report of the hearing. First thing you are warned not to record or transcribe the hearing. So this is from memory and I'll redact names.
Mine was a telephone hearing in Brighton. I was told to wait for an unknown phone number at a certain time. The court clark asks your name and then tells you the judge will be joining the conversation soon. I had a lady DDJudge, So I called her Madam and spoke respectfully to her. She was actually well acquainted with my case and did half the work for me.
After DDJ introduced herself and the case, she then explained how the hearing would proceed. So the claiment speaks first and then it's the defendends turn (this is you time to give an extended  witness statement.  The DDJ reminded me that I was the only witness to the 'offence' and it was down to the claimant to prove me wrong with evidence. Then the claimant has a chance to address my statement. Then I can counter argue and the claimant has the last word. This if often when they lie as they can't be corrected and you just have to sit and listen to garbage. So try and make sure you have covered all bases, ie if you didn't make an appeal explain why, (scarred of threatening letters, false threats of CCJ, didn't trust the process... what ever)
The claimant for OPS (Mr. G) was a litigant in person (LiP). Mr G explained that for some reason the lawyer intended for this hearing couldn't attend at the last minute. So Mr.G and employee of OPS steppped in. He was clearly under prepared , flussered  and desperate.
The CCJ directed Mr G, she first bought up the issue of Authority. OPS 's solicitors had made a mistake by not mentioning who the landlord was. Mr G. had to search his papers for proof of Authority at the time of the 'offence' and couldn't find any. But said 'it must be obvious that OPS had Authority' 
Then the judge talked about the signage, about the font size etc. Mr.G said that their signage is compliant with their BPA, he then admitted that OPS were in the process of improving their signage. The judge said she couldn't read the tiny font and condensed copy, even with her glasses on. Mr G said maybe the image of the signage was not the best quality, he sounded desperate. The third point the judge directed the case in was the lighting of the signage. Mr. G said they were reflective, so a night your headlight should light up the permit holders only sign. He used photographic evidence with the signs glowing in the dark to prove it.
It was then my turn to speak, I wanted to address these points, however the Judge directed me to tell my 'story' as the only witness. So I made my points very clear. I said I saw no signage what so ever as I drove into the car park. I said that I looked for signage when I got out of the car and saw none. I explained that when I got the PCN on my windscreen I looked again for signage and that when I found it it was to dark to read anything. I pointed out that to make the signs reflect you needed a tourch and that my headlights didn't illuminate them. I took my time, spoke clearly and had my notes at hand. I naturally expanded the above.
The Mr.G counter argued. He didn't have much to say. He said I should have appealed as OPS were a very reasonable company, He then tried to trow some dirt at me, saying that this wasn't my only 'offence with OPS' The judge stopped him and said that that was irrelevant. She asked me if I wanted to comment, I agreed with the irrelevancy and told the judge the I had three other tickets that were given to me outside my own property, that I had a valid permit for and in a space that wasn't even under the authority of OPS. The shut Mr G up.
It was then my turn to bring up more technical issues, so spoke about the Bevis v Parking eye case, the fact the £100 fine is 7x bigger on Parking eye signs, I address the issue of Authority, explained that whatever Mr G said, I didn't have the knowledge to make an informend decision.
Mr G must have known by then that things were not going well for him and finished with a glowing report about OPS kindness and consideration, if only I had appealed.
The judge concluded that with no evidence of Authority they would have lost the case, with the signs being impossible to read even in daylight, they would have lost and finally as the sighs were not properly lit they would have lost once more. Yips.
I then asked for expenses and the judge explained to me that the bench mark for getting expenses is very high and the case would have no merit what so ever.
So in conclusion, do your preparation, follow that great advice on this forum and relax. If anyone has any questions that I might be able to answer please just ask me. xsx

Le_Kirk

Well done, a good court report. Shame the judge didn't know about the CPR rules that allows "costs" of up to £95; you weren't asking for huge costs for unreasonable behaviour, which is a very high bar; maybe that was what she was referring to, anyway a monkey off your back and another nail in the coffin of OPS.