BW Legal County court claim

CaH27

Yes this has been included in my WS.

My court date is tomorrow, any last minute words of advice?

I’ll let you all know how it goes when I am finished.

Thank you for all your help!

Coupon-mad

Is it an in person hearing?

If so, get there half an hour early to get through a security bag check, sign in with the Usher and refuse to speak to the Claimant's legal rep in a side room!  

Have your crib sheet handy to help you focus on the main bullet points, plus your whole bundle and their WS and evidence, with tabs on any pages or parts you want to quickly find.

Johnersh

I don't really understand why you'd file a witness statement that referred to parking on date B if the claim wholly relates to parking on date A.

Not a major problem, but there is now a chance that the court will decide for pragmatism to ignore the incorrect date, which I believe the claimant now says is a typo, in favour of the one you all refer to in witness statements.

If you prepared a statement only addressing the date in the claim form, the claimant would potentially have a harder time asking the court to forgive their typo and it might've been a complete defence.

Nevertheless, the toothpaste is out of the tube, so read your notes, make notes of what the other advocate says and... Godspeed.  Never a dull or wholly predictable day in litigation. 

CaH27

Hello everyone,

I have been in court this morning - case has been dismissed!!

The solicitor introduced himself and said he had read my witness statement, he had “no more to say” I didn’t get the offer of going into a side room! Ha 

The judge was so friendly and settled my nerves!

The judge was grilling the claimant solicitor - apparently she had a similar case earlier on and wasn’t happy they were uploading a PDF image of the sign, rather than the original image of the sign at the car park site.

She said the sign didn’t specify where you had to be a customer, and the fact it was on the premises of the public house it was reasonable for me to assume that it included the public house.

I explained about the updated signs, including what shops you had to be a customer including images.

On reference to the particulars of claim date being wrong, that was sorted first. She simply asked was I parked there on the correct date and aware of the PCN. I answered yes, then we moved on.

He said on behalf of the claimants wishes he would like to appeal the decision. She wasn’t happy with that! Asked him for his reasoning which he was a bit sheepish!

She rejected the appeal. But offered them the option to appeal further or something?

I want to just thank everybody for their help and time you put into this forum to help myself and others, who have little in the knowledge of parking tickets and law!

Coupon-mad

Nicely done, that's a win today for you and for @95Rollers

ANOTHER ONE BITES THE DUST! 

95Rollers

Excellent news @CaH27



Which court was it? Who was the judge? Its comical that they have to get this far.

Johnersh

Nice. A win on the merits - although as above, the technical point was pretty much dead by the time of the hearing. 

If I was a DJ I'd go much harder on the appeals nonsense. The Elms bod in my case admitted they had a standing instruction to ask for an appeal in every case... Which by definition makes it unmeritorious!