Court Report - Romford (CVP) - Link Parking Lose 37 x PCN Claim

Le_Kirk

Well, I was laughing out loud until I read that the judge had thrown out the counterclaim - surely a travesty - even given the ill judged e-mail "getting tickets in my spot".  Good report an good(ish) outcome!

D_P_Dance

So Link get a free pass, outrageous. I

Is there nothing he can do to right this injustice?  Parhaps a letter of complaint to Dominic Raab?

95Rollers

Bittersweet result. Good that it was all struck out...BUT rubbish that the  counter claim of harassment was binned off!!!  I mean he proved the Vehicle wasn't his, he couldn't legally drive and the Parking Spaces were his and that they were acting without DVLA NTK - but ignored this and harassed him for obscene amounts of money!!!
They should at least be banned from DVLA for ignoring valid evidence. 

D_P_Dance

This should be brought to the attention of a national newspaper.  What are you personal views on this Mr C?

patient_dream

95Rollers said:

Bittersweet result. Good that it was all struck out...BUT rubbish that the  counter claim of harassment was binned off!!!  I mean he proved the Vehicle wasn't his, he couldn't legally drive and the Parking Spaces were his and that they were acting without DVLA NTK - but ignored this and harassed him for obscene amounts of money!!!
They should at least be banned from DVLA for ignoring valid evidence. 

Probably related to Judge Jeffreys

QUOTE
Such was the hatred of the population towards Judge Jeffreys that the new regime felt compelled to put him in the Tower of London for his own safety. 

The DVLA are not really interested, not while they make mega profits from millions of £2.50's ?

MothballsWallet

patient_dream said:

95Rollers said:

Bittersweet result. Good that it was all struck out...BUT rubbish that the  counter claim of harassment was binned off!!!  I mean he proved the Vehicle wasn't his, he couldn't legally drive and the Parking Spaces were his and that they were acting without DVLA NTK - but ignored this and harassed him for obscene amounts of money!!!
They should at least be banned from DVLA for ignoring valid evidence. 

Probably related to Judge Jeffreys

QUOTE
Such was the hatred of the population towards Judge Jeffreys that the new regime felt compelled to put him in the Tower of London for his own safety. 

The DVLA are not really interested, not while they make mega profits from millions of £2.50's ?

Ah, Hanging Judge Jeffreys, I presume? He who would sentence anyone to death for even the most minor of crimes back in his day.

bargepole

What are you personal views on this Mr C?

Obviously, I believed he had a valid counterclaim, otherwise I wouldn't have drafted the pleadings in the way that I did.

I knew that his original emails to Link were ambiguous, and capable of being interpreted as an admission of being the driver. He admitted this, and agreed that they should have been more clearly worded.

However, there were a large number of subsequent emails sent, prior to the commencement of these proceedings, making it clear that he had no connection to the vehicle. He also sent them copies of the letters from the DVLA, proving that he had never been the keeper, and didn't hold a full UK driving licence. Therefore, this claim should never have been issued, in my view.

It is disappointing that the Judge didn't agree, but the only redress would be to apply for permission to appeal the Judgment on the counterclaim, on the grounds that the Judge was wrong to find that Link had a valid cause of action.

However Mr M's instructions were that he is just glad it's all over, and is not interested in engaging further in any litigation. So there will be no appeal application. A complaint to Mr Raab, or the MoJ, is not appropriate, the conduct of the Judge is not in question here, he gave both sides the opportunity to present their case, and made his ruling based on submissions and evidence, even though I didn't agree with his reasoning regarding the counterclaim.

This is why small claims is often described as a lottery, it all depends on the opinion of the Judge on the day.

Umkomaas

Poor Norma got clobbered, Link got lucky. Link got away with it. Seems on many occasions that things are stacked in favour of the aggressive party.

Fruitcake

95Rollers said:

Bittersweet result. Good that it was all struck out...BUT rubbish that the  counter claim of harassment was binned off!!!  I mean he proved the Vehicle wasn't his, he couldn't legally drive and the Parking Spaces were his and that they were acting without DVLA NTK - but ignored this and harassed him for obscene amounts of money!!!
They should at least be banned from DVLA for ignoring valid evidence. 

From what I understand, Link did not apply to the DVLA for keeper data, so there are no grounds for the DVLA to ban access to the KADOE system.

D_P_Dance

 even though I didn't agree with his reasoning regarding the counterclaim.

As it appears that few of us here do.

 A complaint to Mr Raab, or the MoJ, is not appropriate, the conduct of the Judge is not in question here, 

Neverthe less I would make one.  It may well be that others have experienced similar flawed decisions. 

I complained about a poice consrtable once and it came to my notice that there had been so many similar complaints that he was remove from public facing duties.   IMO this judge may have made a wrong decision, and that decision should be re-examined.