I missed a detail through the Newbie thread to do list what impact will its have?

Coupon-mad

Good. Well not good, but at least you are going to attend!

Get there half an hour early to sign in with the usher, and don't agree to talk in a side room with the rep who will sidle up to you.

Got to be honest: You will *probably* lose the case now, we expect, if their rep turns up, as the Judge will only have their evidence to go by.  You can introduce no evidence.

So read through their WS and evidence with a fine tooth comb, and be ready to highlight how small and hidden the signs were

Signage failure is about the only way to win your case, unless there is something fundamental about your case (such as you were not driving and the case is non-POFA, or you were only there 5 minutes and no grace period was allowed, no breach of contract, etc.).

Having not been here for months, you need to rehearse how to at least convince the Judge to disallow the fake added £60 or £70 costs.  Re-read your defence on that.

Daveh87

Thank you and apologies for wasting your time on previous posts

Coupon-mad

You are not wasting time.

You are not the first not to do a WS, but most people in your shoes will lose because you have (unfortunately) failed to comply with your Hearing Order, which on page two, told both parties to file and serve your evidence and WS in advance.

Cross your fingers the hearing is postponed, or their rep fails to turn up...

And please come back to tell us whether you at least managed to argue against some if it, and come back in a few weeks to do the public consultation.  As discussed in loads of threads...we can talk about that next week when you pop back!

Daveh87

in my slimmest of arguments I have, what words can I use for the additional false cost.

Do I/Can I use the words from my defence or do they need to differ?

Coupon-mad

Daveh87 said:

in my slimmest of arguments I have, what words can I use for the additional false cost.

Do I/Can I use the words from my defence or do they need to differ?

You may have no arguments if the Judge won't let you speak, because technically you are not a witness (because you didn't put forward a WS). Let's hope you are allowed to speak.

You can only say what is in your defence, at the most. And point out any deficiencies in their signage evidence. IF THE JUDGE LETS YOU.

That's about it.

If the claimant's rep says that the new Code of Practice is withdrawn you obviously know that!  It's all over the forum after all...and in the press:

https://www.racfoundation.org/media-centre/firms-fight-back-against-reforms-to-parking-on-private-land

...but the Code is only TEMPORARILY withdrawn. 'Parked' if you like!  This has been discussed so often this week.  We hope you have at least read about it and not just stayed on this thread in isolation.

The rationale behind banning the extortion of the unincurred false 'debt fees' obviously still stands, as does your defence on that point.

Do tell us what happens...

Daveh87

Yes have been aware of the new code of practice thanks for the advice.. I will report back later today after my hearing

Daveh87

I cant quite believe it but I won my case I will briefly explain my outcome then would like to do a break down of my experience of all of it and how i could of understood things better.

So

1. I WON based not entering a contract due lack of, insufficient, poorly lit and poorly placed signage.

2. I WAS LUCKY because the claimants representative was 30 mins late!! something that definitely went in my favour as the judge must of appreciated me being there well on time and ready to present. Which led the judge to continue and give judgement without them. 

They did turn up but only to respond to my cross examination/defence and were allowed to put across and conclude their argument but really this was to late although I think my evidence was good

3. I could have taken my evidence with me and he would of accepted to hear/look at it.......BUT this is court and judge dependent which he did highlight to me.  BUT its a prompt to everyone to take as much as you can and if you missed something just take it and try.

a) dont miss the deadline
b) take as much with you as possible just in case. I almost did and this would have made my cross examination of the claimants evidence stronger although my defence was well argued anyway.

I would like to add I did spend a lot of time building this although my mistakes may have suggested otherwise and this 100% allowed me to pull their evidence apart and question mainly their.

4)  Whilst the case was dismissed for poor signage meaning I didn't enter a contract, the judge did pass comment that the if I entered a contract the recoverable debt sum on top of the fine/notice charge would have been fair!! crazy to me but hopefully when the new code of practice will clear this up once its agreed (whenever that will be)

So thank you everyone I'm over the moon that these people have't gotten their way and I'm not £200 out of pocket

Daveh87

Please advise if I can put they're images up and how I argued them, and whether I can put my photographic evidence up to show what I prepped and although I didn't physically use it I memorized the location and rehearsed it over and over again in the build up

Coupon-mad

Phew! You got lucky and a good Judge prepared to hear you. Fantastic!

ANOTHER ONE BITES THE DUST!

hopefully when the new code of practice will clear this up once its agreed (whenever that will be)

It will be after the final Public Consultation that we desperately need people like you to respond to! 

Coming very soon.  Please set email alerts and bookmark this thread below:

https://forums.moneysavingexpert.com/discussion/6333989/mse-parking-ticket-appeals-guide-feedback#latest

We will post there (and elsewhere on the forum) when it goes live.

Don't miss it because at the moment, the new Code, lower parking charges and the ban on the fake 'costs' is blocked by the moneymen.

Daveh87

I got Very lucky.

Alerts on and I will bookmark this.