Sunday Times Article - One Parking Solution

BrownTrout

D_P_Dance said:

... this now been overturned and DDJ Harvey has been found to have been bias in reaching his decision.

Is this recent or are you talking about the appeal several months ago?    I do not recall the appeal judge using the word "Bias".

no the judgment was delivered this week.

D_P_Dance

Can someone save me the trouble and show me where the word "bias" occurs.  

BrownTrout

D_P_Dance said:

Can someone save me the trouble and show me where the word "bias" occurs.  

It will be in the judgment handed down the judge.

Umkomaas

JB111 said:

This decision has now been overturned and DDJ Harvey has been found to have been bias in reaching his decision.

I rather suspect Joke Burgess won't be crowing too much about the following judgment handed out today reported first-hand in @Leviathan747's thread. 

Hopefully he will be taking particular note of the highlighted warning (below) from the learned Judge!

That was HILARIOUS.  So, hours and hours of work.  Been prepping since Sunday.  We were both waiting in the living room, paperwork & laptop to hand, his mobile turned on and ready.....then the landline rings in the bedroom!!!!! How did they have that number???  Panic stations as we had to scramble everything into the bedroom!!  Deep breaths....

District Judge Rose confirmed that my partner was present.  Then absolutely went for the jugular at VCS rep.
Judge: "You seem to be having some difficulty.  Where's your notice of assignment?"
VCS: "I thought this might be an issue"
Judge: "How are you going to get round this?  The quality of the paperwork is appalling.  Companies are distinct legal persons.  Sending out misleading documents has criminal consequences. VCS HAS NO STANDING TO BRING A CLAIM. There is no signed agreement between the landowner and Excel to transfer duties to VCS"
VCS: "Well that's a difficult argument"
Judge: "I'd say it was an impossibility! Unless you have that signed agreement, this is dead in the water"
VCS: "Can't show signed document"
Judge: "Striking out claim.  Claimant has no standing"
Judge: "Does the Defendant have anything further to add?"
Me: A bit shell-shocked "No. Apart from this Claimant is a scourge on this community with it's attempts at double recovery"
Judge: "I am well aware of this, but this isn't the arena for this discussion.  Take it up with your MP"

WE WON GUYS!!  The Judge was on the phone for less than 10mins lol!!  

Redx

Those are the cases Joke never comments on , which seems to be the vast majority of cases IMHO !!

blackdog2220

even tho the judges outcome was overturned , most of the statements and comments made that day were truthul , "others" are watching OPS  as we speak , the fact that this was reported in sunday times , will be viewed deeply and far beyond the basic statement that thre judges comments were bias 

Snakes_Belly

Redx said:

Those are the cases Joke never comments on , which seems to be the vast majority of cases IMHO !!

Notice that it's the cannon fodder that have put their head above the parapet in these hearings. JB never shows his face even in the Sheffield hearings.  

BrownTrout

blackdog2220 said:

even tho the judges outcome was overturned , most of the statements and comments made that day were truthul , "others" are watching OPS  as we speak , the fact that this was reported in sunday times , will be viewed deeply and far beyond the basic statement that thre judges comments were bias 

Sorry but that sounds a load of rubbish
Why would anyone be watching OPS?

beamerguy

JB should be looking after his boss SRS and the current car crashes they suffer.

No point in gloating over another parking company JB when your own house is not in order and could be up for sale soon ... are you still some 80% down in your applications to the DVLA ??

AnotherForumite

D_P_Dance said:

Can someone save me the trouble and show me where the word "bias" occurs.  

Paras 97 - 101

'101. With great regret, I must find that the ground of appeal that there was apparent bias in this case is made good. Whether taken together, or individually, all the above points would justify a finding of apparent bias. Furthermore, the DDJ went out of his way in his judgment to praise the Defendant because she was “an English literature expert with aspirations for Shakespeare’s Globe Theatre” and made subsequent references to Shakespeare, in juxtaposition with his complaints about the way in which managers of parking sites take up a disproportionate amount of court time. Neither of these matters were of any relevance to this individual case. If low value cases are taking up a disproportionate amount of time then this is for the courts to manage not for a litigant to be castigated for in an individual case. The overall impression a fair minded and informed observer would get from the judgment would be that the DDJ had set about doing something about the number of claims brought by this Claimant. The orders inviting the various non-party entities to report to the court suggest this.'