Private land disguised as public highway

neilsims

I now have a court date in February. Submitted my defence and witness statement online, as per the instructions. The legal firm concerned rang me to offer a payment to them of £216 to settle. Total cost of claim is under £300. I refused. I did offer to drop hands but they said they could not do that. Do you think it will get to court, or will they make further offers? I think I have an excellent case - thanks to the advice offered on this forum -  and do not see why I should pay anything.

D_P_Dance

If you think thst you have an excellent case then you have a good chance of winning, or they may throw in the towel.  Especially if they have added unlawful costs.

Jenni_D

If you've submitted a WS and have a court date then it is already going to court (unless they file a late discontinuance).

That said, them offering to try and settle beforehand is sometimes a precursor to them dropping the claim.

PS - I hope you have your drop-hands offer in writing. If not, send them an email (headed Without Prejudice Save As To Costs) to summarise their call to you and to make it clear you offered a drop-hands.  

patient_dream

neilsims said:

I now have a court date in February. Submitted my defence and witness statement online, as per the instructions. The legal firm concerned rang me to offer a payment to them of £216 to settle. Total cost of claim is under £300. I refused. I did offer to drop hands but they said they could not do that. Do you think it will get to court, or will they make further offers? I think I have an excellent case - thanks to the advice offered on this forum -  and do not see why I should pay anything.

Think about it ?  Why would they offer a lower amount if they were sure they would win ?

Be patient, they may well discontinue or be spanked in court

Tiredofparkingfine

Hi, 
@neilsims how did he hearing go? what happened?

neilsims

Lost. The photos showing no signs on entry were disregarded. The employee who said to ignore the signs said he had never seen me or anyone else around. They ignored the landowners bylaws that say the maximum charge is £5. A photo showing my car with a lampost in the far distance with a small red mark on it. Judge said this was indisputedly one of their signs, and they produced a standard photo of one of their signs, clearly not taken at that site. Basically i feel conned. Not sure what hapoens now. Does the court send me a bill to pay?

Coupon-mad

The court sends a judgment telling you to pay.

Surely the Judge didn't also allow the added £60 in fake costs?  Thank God the DLUHC has banned it because some Judges are proving clueless.

 The land is owned by the canal and river trust. Their bylaws say the maximum fine is £5. C&RT confirm the bylaws are still in force via a FOI request. I intend to use this as part of my defence. They also put signs up (without planning permission) after they issued the notice on my car in front of witnesses and their uniformed officer told me and others to 'ignore the notice as it is unenforceable and they are just trying to get money by scaring people'.

Re the above (from your OP) and your comment here:

The employee who said to ignore the signs said he had never seen me or anyone else around. 

Do you mean they provided a witness statement from him?

neilsims

Cost me £272. They tried to add a further attendance fee as a junior solicitor was going but the judge ignored it. A witness statement from the employee was provided whch had sign this or lose your job written all over it. Described vcs as a 'respectable and highly regarded parking company'. My word and evidence against theirs and the little man lost. A right con.

D_P_Dance

Lost. The photos showing no signs on entry were disregarded. 

If you think that the judge did not consider all the evidence complain here

https://forums.moneysavingexpert.com/discussion/5937823/fluttering-ticket-court-defence

neilsims

Is that a legal firm based in milton keynes?
Does he work on a no win no fee basis?