National Parking Enforcement - County Court Claim

milo_2020

Great - so today I took off work was a waste of time and money.... Really frustrating.. not sure what to do now...

milo_2020

Ok so, it ended up going in the claimant's favour as the judge said that it doesn't matter about the passenger the driver used the bay and did not visit co-op, he has asked if I would like to appeal again and on what grounds and I said my main points and he said that mistakes in witness statements are not a legal technicality and that he has refused the appeal and I will receive a letter in the post stating what to do next.

milo_2020

Is there any way that I can appeal this now that it has been awarded in their favour even after the disaster of a statement that BWLegal set out and is there any way I can let my partner legally represent me if so?

milo_2020

FYI - The judge was very in favour of the parking company throughout and passive aggressive in telling me i have no defence or case here. He agreed that it is an unfair sum of the 100 + the added 60, however he seems the situation and the case fair in whole due to the driver not using co-op. He said that the driver could have got out the car before leaving and visited co-op and that was the reason for going in the favour of the claimant. 

Jenni_D

Was this the final hearing or just the 30 minutes Directions hearing? If the latter then you've already been told that the judge would likely say you had no case. Did the judge actually rule/find for the Claimant in this hearing?

milo_2020

Jenni_D said:

Was this the final hearing or just the 30 minutes Directions hearing? If the latter then you've already been told that the judge would likely say you had no case. Did the judge actually rule/find for the Claimant in this hearing?

He said it was a waste of the courts time and that under page 2 (posted above) section 10 that he has the right to decide there and then. This is what he said and he said that he awards the claimant's the costs of 70 pounds plus interest which amounts to just under 75 pounds. He asked again if I want to appeal the case and I said yes and he said appeal refused and then the call ended.

It was a 30 minute pre-liminary hearing but he said he has read my defence and there isn't a single valid point on it that would stand up in a full trial. Even though all their points reference the driver this was not enough to stand a trial as the driver still went into the space and left without using the shop.

I stated many times I have a right to a fair trial but he said all my reasons were not good enough to award the trial and that he has decided in favour of the claimant but costs at 75. He said there will be a letter in the post enplaning how to pay and what to do next then hung up.

He was very !!!!!! off the entire hearing and was very much in favour of the parking companies contracts.

Jenni_D

Wait a few days to see what comes through the post. (If it was ruled then a letter detailing the judgment will be sent out). If it really has been judged then pay the judgment quickly thereafter to avoid a CCJ being registered.

If the judge has only awarded £75 then that seems not too bad ... what was the claimed amount?

milo_2020

£100 + 60 + court costs + interest

Original charge was £100 - discounted to 60 if I paid there and then.

He definitely ruled there and then as BWLegal was very thankful and said he was very happy with the decision, he perked right up when he said that.

Jenni_D

As I said - wait for the letter. If the judgment is only for £75 then something doesn't add up.

milo_2020

What do you mean something doesn't add up? I could not be more sure that the judgement went ahead, BWLegal were very happy with the result (he perked right up and was all thankful and cheery) and they said the letter including payment details will be coming out in the next couple of days. He confirmed he rejected my appeal and said none of my WS or Defence made any sense legally.

He also said that it doesn't matter that BWLegals witness statement said 'driver' when they meant the passenger - 'people make mistakes'

It boiled down to the driver used the spot without using co-op and everything else doesn't matter as that is the contract which he said he was very familiar with and I agreed that I did use the spot and did not as the driver enter co-op.