Bylaw court case won by defendant, but right of appeal granted to claimant

Fruitcake

BrownTrout said:

I wouldn't get to worried about this, even if granted it doesn't mean they are going to take it and this would seem fairly weak
If this is one of the old Centro/Central Trains car parks in the west midlands and bye laws in force then its worth putting the effort it in to respond to any claim
If you do hear from the court for the appeal and want help at the hearing (although lay reps dont have an automatic right of audience at this stage) I will happily assist you free of charge (assuming its an attended hearing)
so just wait and see if they do appeal and then you can put your case forward as the "respondent" and you will get plenty of assistance from here.

That is a very generous offer from a trusted, legally qualified regular poster. 

Snakes_Belly

Fruitcake said:

BrownTrout said:

I wouldn't get to worried about this, even if granted it doesn't mean they are going to take it and this would seem fairly weak
If this is one of the old Centro/Central Trains car parks in the west midlands and bye laws in force then its worth putting the effort it in to respond to any claim
If you do hear from the court for the appeal and want help at the hearing (although lay reps dont have an automatic right of audience at this stage) I will happily assist you free of charge (assuming its an attended hearing)
so just wait and see if they do appeal and then you can put your case forward as the "respondent" and you will get plenty of assistance from here.

That is a very generous offer from a trusted, legally qualified regular poster. 

BT told me when I was in a very similar scenario that they very rarely appeal. He was right. 

I do get how the OP feels though. You feel as if there are still loose ends.

BrownTrout

Fruitcake said:

BrownTrout said:

I wouldn't get to worried about this, even if granted it doesn't mean they are going to take it and this would seem fairly weak
If this is one of the old Centro/Central Trains car parks in the west midlands and bye laws in force then its worth putting the effort it in to respond to any claim
If you do hear from the court for the appeal and want help at the hearing (although lay reps dont have an automatic right of audience at this stage) I will happily assist you free of charge (assuming its an attended hearing)
so just wait and see if they do appeal and then you can put your case forward as the "respondent" and you will get plenty of assistance from here.

That is a very generous offer from a trusted, legally qualified regular poster. 

I wish i was legally qualified but i dont have any legal qualifications and i didnt spend very long at uni  

beamerguy

BrownTrout said:

Fruitcake said:

BrownTrout said:

I wouldn't get to worried about this, even if granted it doesn't mean they are going to take it and this would seem fairly weak
If this is one of the old Centro/Central Trains car parks in the west midlands and bye laws in force then its worth putting the effort it in to respond to any claim
If you do hear from the court for the appeal and want help at the hearing (although lay reps dont have an automatic right of audience at this stage) I will happily assist you free of charge (assuming its an attended hearing)
so just wait and see if they do appeal and then you can put your case forward as the "respondent" and you will get plenty of assistance from here.

That is a very generous offer from a trusted, legally qualified regular poster. 

I wish i was legally qualified but i dont have any legal qualifications and i didnt spend very long at uni  

A good point you make BT ..... BUT when you are dealing with scammers with money for brains, your knowledge will actually zap old Simon and he should be scared

paullong

D_P_Dance said:

  I used several arguments including abuse of process for the £60 which the judge denied, 

What did he deny, your arguments or the claim?  IMO they would be extremely foolish to appeal,  an adverse decision  in a higher court would not be in their best interests.

 but because he disagreed with my arguments regarding abuse of process I was unable to claim costs.

This sounds most irregular, did you get no costs at all?

He denied my argument regarding abuse of process.  He said he didn't believe it was an abuse of process and he disagreed with other judges such as Jones.  He said it was a reasonable case to bring to a court and so wasn't going to award any costs.  From what I've seen online, I don't think a Birmingham judge has ever ruled in favour of abuse of process for the £60 additional fee, or at least it's not been reported on.

paullong

Snakes_Belly said:

I don't think that we should get away from the fact that this is a win.

The fee for the appeal is expensive. They are unlikely to throw more money at it whatever the rep says. The rep was probably not looking forward to phoning VCS with the news of the lost claim. 
   

I did at least help the rep out by emailing him my evidence and witness statement that VCS hadn't provided him with - I'm sure it gave me brownie points with the judge.  But afterwards, I forwarded him a copy of what I'd sent to VCS and the date so they can't blame him for not having it when he asked them for it.  He was probably only given the case this morning.  

paullong

BrownTrout said:

 I will happily assist you free of charge (assuming its an attended hearing)

Thanks - that's a kind offer.  Let's hope what everyone is saying about the appeal is right and that this is the end of it now.  I've used up so much time and learnt so much through this process, but the victory seems worth it, just to know that I beat the big bad parking company!

Umkomaas

It hasn't been argued now for a few months (since Semark-Jullien) on 'Abusive of Process' (seeking a strike out), rather on 'Double Recovery' with the intention of scuppering the £60 add-on costs in the event of losing against the Claimant. Nothing more, or less. 

Moneysavermum

Hi, would you mind if I message you?  I have a hearing later this week that I’m using a byelaws argument - also VCS and also WM.  

beamerguy

paullong said:

D_P_Dance said:

  I used several arguments including abuse of process for the £60 which the judge denied, 

What did he deny, your arguments or the claim?  IMO they would be extremely foolish to appeal,  an adverse decision  in a higher court would not be in their best interests.

 but because he disagreed with my arguments regarding abuse of process I was unable to claim costs.

This sounds most irregular, did you get no costs at all?

He denied my argument regarding abuse of process.  He said he didn't believe it was an abuse of process and he disagreed with other judges such as Jones.  He said it was a reasonable case to bring to a court and so wasn't going to award any costs.  From what I've seen online, I don't think a Birmingham judge has ever ruled in favour of abuse of process for the £60 additional fee, or at least it's not been reported on.

Such an odd old boy ..... suppose he had not heard of double recovery either ?

NO MATTER you won against VCS