PCM Grass verge parking - any help with witness statement is much appreciated

[Deleted User]

Just to give everyone a quick update on the case: I lost. Not sure if it was the judge or just my lack of legal knowledge, but in a nutshell as others might learn something from my experience, the judge's opinion:
- coupon mad's template defense was not considered in any way, reason: no precedent.
- landowner authorization not relevant at all, reason: parking companies don't need authorization to offer a contract (apparently it's just between them and the landowners)
- sign perfectly legible and clearly states - in agreement with beavis case - that if you park there without permit or not abiding by the rules, you agree to pay the charge
- added £60 is in fact penalty and was deducted from final judgment, but it doesn't affect the validity of Claimant's case (or rightful legal fees, again my argument was ignored)
- consumer rights don't apply
- distance contractual rules don't apply
- I also raised that the C failed their contractual obligations of not issuing permits and not applying the rules 24/7 as stated on sign, but then again got rebuffed as kind of like 'who cares? there's a sign about a £100 charge for parking and a phone number'
- plus he called the Claimant's legal points as facts?! 🤣 

Really not sure why contractual rules don't seem to apply here and how can a small print on a sign saying 'by parking here you'll be bound by our terms' overwrite everything, but then again  the whole hearing felt like the judge was working for the Claimant's legal representative.. 

Not sure if it's just an anomaly or if there's an emerging trend here, but I thought it's worth sharing. 

Live and learn I guess.. I prepared pages of documents and evidence and spent quite a few hours on this. Next time I'll probably just pay the £60 because this whole **** show is just not worth it.. 

nosferatu1001

- lots of judges have said differently
- yes they do, the judge erred in law
- CRA absolutely DOES apply. Erred in law. MUST be considered
- agreed on distance. THat was never an argument. 
- how on earth was he saying it was ok to make part of the alleged contract impossible to fulfil? 
Judge bingo is a thing. 

Ralph-y

what was the court name ?

who was the judge?

Ralph

Le_Kirk

Live and learn I guess.. I prepared pages of documents and evidence and spent quite a few hours on this. Next time I'll probably just pay the £60 because this whole **** show is just not worth it.

Well, there won't be a next time will there because you will take steps to ensure you park within the parameter for each and every car park.  Treat all car parks as bear traps!  Also bad luck with the judge bingo and your loss.

D_P_Dance

Next time I'll probably just pay the £60 

Why on earth do you not fight back?  If the judge erred in law there are avenues to put this right.  Judge bingo is not an excuse to put up with incompetence.   Judge Bingo is not a Friday  night in a superannuated cinema.