Please Help - have to submit a defence asap - very poor signage at non pay and display car park

Redx

The costs are rarely awarded if it's a remote link , but the summary costs assessment goes in with the WS bundle and it's all at the judges discretion

Coupon-mad

Some Judges never seem to award any costs in small claims unless there has been unreasonable conduct and FWIW I've never got costs awarded for people I've lay repped for, despite winning every case.  So, join the club - brilliant win!

This isn't actually true but it's a sad indictment of the vague wording of the IPC CoP:

- The judge disagreed with my claim that the claimant violated IPC's code of conduct by not issuing signage before the commencement of their enforcement contract to advise motorists of any impending 'change in the terms and conditions materially affecting the motorist'. He said this only applied when enforcement was already in place and they change the terms. 

Anyhoo, you can be proud of your win, the principle is important and you cost them a lot more than it cost you!  Great court report and good tips about preparing for a CVP hearing.

ANOTHER ONE BITES THE DUST!

zhonguonuren

If I could thank the OP a hundred times for this report I would!  Absolutely first class and though £60 may not sound a lot with the work involved I would be thrilled with the outcome.  It will also help so many forum readers including those who do not post. 

The SRA is currently investigating the vile outfit that is Gladstones.  It has taken far too long to get to this point but I am relentless. I (and others here) understand how much time and effort is involved and sometimes you can think it’s not worth it - but it really is. 

I am constantly amazed at how much time is spent helping others on this forum - the very best versus the very worst of human kind - so thank you again and all the best.  Zhong 

patient_dream

Great report.  Not the first time Gladstones failed to appear. 

A warning to parking companies ... it could well be your turn next

RapidD

zhonguonuren said:

If I could thank the OP a hundred times for this report I would!  Absolutely first class and though £60 may not sound a lot with the work involved I would be thrilled with the outcome.  It will also help so many forum readers including those who do not post. 

I await your 99 remaining posts 

Seriously though, it had occurred to me several times during my journey that every single person that helped me did so without reward and I was determined to contribute whatever I could back to this great forum. I wanted to be comprehensive in my report so as soon as the hearing finished I jumped to my pad to bullet point everything down and make sure I did it the same evening while it was fresh in my mind.

I had also considered that there probably haven't been that many video hearings reported on so I'm glad I could provide a bit of insight and once again thank everyone for their kind words regarding the report. 

Redx said:

The costs are rarely awarded if it's a remote link , but the summary costs assessment goes in with the WS bundle and it's all at the judges discretion

Coupon-mad said:

Some Judges never seem to award any costs in small claims unless there has been unreasonable conduct and FWIW I've never got costs awarded for people I've lay repped for, despite winning every case. 

Yes, I submitted a comprehensive costs assessment with my WS including separating the ordinary ones and £90 entitlement (from memory?). Perhaps I wasn't that lucky with the judge after all! But who cares really, it was purely for the win. 

Since my report I've had a few days to reflect on hearing. I've changed my stance on 'was it worth it'. Yes, it 100% was. In fact, it's literally priceless. I've got a nice lever arch folder packed with all my papers from the case. One day I'll look forward to showing it to my 2 young ones, to teach them that we should always stand up to bullies. 

Coupon-mad

My sentiments entirely. 

bargepole

Well done on your win, and thanks for the detailed report.

It seems to be an emerging pattern now that Gladstones don't bother sending an advocate to argue the Claimant's case, possibly because they are losing so many that they are saving their client the £130 advocate fee.

They rely upon the Judge taking their WS and evidence at face value, but so often, as in this case, the stock images of the signage don't match up with what is actually displayed at the site, and their WS is clearly just a collection of templated paragraphs which aren't all relevant to the particular case.

I had one recently where the Defendant was clearly female, yet the WS contained references to 'he' and 'him'. In the D's WS, which I helped to write, it said that the C's WS was clearly cobbled together by some freelance statement writer, with no actual knowledge of the case, or of the site in question.

The Judge at the CVP hearing picked up on this: ''Cobbled together? By a firm of solicitors? Surely not!'' - with a wry smile.

D_P_Dance

IMO, if everyone who won and was not awarded costs for their time complained to their MP and JACO things might improve.  

Unreasonable conduct is surely not diffricult to define,  dropping litter is unreasonable conduct, smoking where you should not is unreasonable conduct.  Let us flood the system with complaints.  

bargepole

D_P_Dance said:

IMO, if everyone who won and was not awarded costs for their time complained to their MP and JACO things might improve.  

Unreasonable conduct is surely not diffricult to define,  dropping litter is unreasonable conduct, smoking where you should not is unreasonable conduct.  Let us flood the system with complaints.  

The definition of unreasonable conduct, as intended by CPR 27.14(2)(g) has nothing to do with the substantive facts of the case. The examples that you give are potentially minor criminal offences, not matters within the jurisdiction of the County Court.

Unreasonable conduct in matters of civil proceedings, generally include failing to follow Court directions and deadlines, such as failing to file and serve a witness statement by a given date, or at all.

Jenni_D

bargepole said:

D_P_Dance said:

IMO, if everyone who won and was not awarded costs for their time complained to their MP and JACO things might improve.  

Unreasonable conduct is surely not diffricult to define,  dropping litter is unreasonable conduct, smoking where you should not is unreasonable conduct.  Let us flood the system with complaints.  

The definition of unreasonable conduct, as intended by CPR 27.14(2)(g) has nothing to do with the substantive facts of the case. The examples that you give are potentially minor criminal offences, not matters within the jurisdiction of the County Court.

Unreasonable conduct in matters of civil proceedings, generally include failing to follow Court directions and deadlines, such as failing to file and serve a witness statement by a given date, or at all.

Yet the PPCs and their legals seem to get almost free-reign to abuse the court process at their whim, and rarely get sanctioned for it. But should a LIP (who is unfamiliar with the process) make a small mistake they get dropped on from on high. It really is time that the courts/judges woke up and smelled the coffee. 🙄