Britannia Parking v Crosby - Southampton judgment - attach to defences or witness statements

Coupon-mad

Claim nos. F0DP806M and F0DP201T

Britannia Parking v Crosby 

Combined into a single PDF document – 22 + 6 = 28 pages (not to be amended or altered in any way).
You can print just the judgement last 6 pages if appending it to a Witness Statement, or the whole thing!

This is the 11.11.19 hearing transcript and judgment from Southampton court, where I was lay rep for Mr Crosby (CEC16 on here):  
https://forums.moneysavingexpert.com/discussion/6006850/bw-legal-portswood-car-park-southampton/p1

I suggest the judgment is appended and referred to, ideally at the start by attaching to your emailed DEFENCES to all non-ParkingEye cases from now on, along with the recent Skipton Order (also attached here) that shows that other courts are following suit in 2020 with 'exact match' reasoning.

PLEASE REFER TO THE CASE USING THE NAME I HAVE SHOWN ABOVE, AS MR CROSBY AGREED HIS NAME CAN BE USED AND I ONLY REPRESENTED HIM.  THE OTHER DEFENDANT WAS A BYSTANDER.

District Judge Grand refused to set aside DJ Taylor's decision to strike out at least ten Britannia claims - the above two were heard as a test case application hearing.  Other planned hearings were vacated and all cases remained struck out.

This is not a precedent, so don't call it that when referring to it.  However, it can be used appended to your DEFENCE or your WITNESS STATEMENT (either) to show another Judge how and why Southampton County Court Hearing Centre is striking out parking charge cases that include added £60 (or more), described as 'debt collection' or 'contractual' or admin, business or indemnity costs.

I will be replacing the NEWBIES thread examples with a suggested single defence template shortly, to adapt for all on-ParkingEye cases, all the time that PPCs keep filing exaggerated claims with these false costs.

This judgment is NOT only for use in Britannia cases, and at the moment will apply to all claims from PPCs, except for those from PARKINGEYE because they don't add any false debt collection/operational costs.


NB: Please no posts asking for help about your case here.
Read the transcripts and the NEWBIES thread and then start your own discussion and we can help you win.

Coupon-mad

Here is just the transcript of the Approved Judgment (6 pages) which is all you need in most cases - attach it to defences and witness statements, along with the Skipton single page Order above.  
Here is the same link which might be easier for some to click on:
https://www.dropbox.com/s/04fx8c4896zutdx/Britannia%20v%20Crosby.pdf?dl=0

And here is a new thread for 2020 with a template defence (easy - just change the red bits to suit your case details and facts!):

https://forums.moneysavingexpert.com/discussion/6108153/suggested-template-defence-to-adapt-for-all-parking-charge-cases-where-they-add-false-admin-costs

D_P_Dance

This is getting more and more complicated.  How on earth can Doris the dinner lady, who overstayed by 10 minutes at the Co-op, wade through it, even with my massive IQ I struggle ryb

Le_Kirk

Thanks C-m, stored for posterity and pointing out to future posters.  Should the title be Britannia Parking v Crosby & Anon or is Anor correct?

beamerguy

I have added this to the ABUSE OF PROCESS thread PART 2
https://forums.moneysavingexpert.com/discussion/6103933/abuse-of-process-thread-part-2/p1?new=1

Le_Kirk

I have just ploughed through the appeal transcript and I have to say it does not show the court system in a good light.  Missing documents, a judge who spent serious time trying to work out how to pronounce the claimants representative's name, misdirection to the assembled parties when sending them out, leading them to believe he was getting copies of missing documents ...................  Need I go on.  Have to say C-m it is a wonder you pulled your victory out of this debacle so extra well done for that.

Coupon-mad

Anor is correct ('another').
No-one needs to read the whole transcript.
Fast forward to the last 6 pages, as I said in the OP. 

Those last pages - the approved judgment - are the pages to append to a defence and will save words in a defence or WS, and the aim will be to make more Judges follow suit and strike out more and more PPC cases ad infinitum.

Coupon-mad

D_P_Dance said:

This is getting more and more complicated.  How on earth can Doris the dinner lady, who overstayed by 10 minutes at the Co-op, wade through it, even with my massive IQ I struggle ryb

I didn't say she had to.  
The first bit is posted for those who wish to read the entire proceedings.

Doris the Dinner lady will not struggle with the approved judgment at the end - the last 6 pages.

BrownTrout

Good reading and well done on getting it
In relation to Parking eye, should add this doesnt also apply to Devere Court Claims, or CP PLUS claims issued via SCS LAW

Coupon-mad

Thanks, I knew there were a few other rare ones, where no added 'debt/damages/admin' costs are attempted.

D_P_Dance

In post after post I have been advising clients to complain to the SRA.  Am I uriinating windwardly?