My parking bay - County Court claim received!

Quitto

Had my hearing, the claim is dismissed. Thanks all!

Although Gladstones expressed they want to appeal. More hearings to come?

Coupon-mad

Quitto said:

Had my hearing, the claim is dismissed. Thanks all!

Although Gladstones expressed they want to appeal. More hearings to come?

No, they always say that... well done you!

Tell us more, how did it go, was it by video call or in-person, which court/Judge and what did he/she say?

What did the other side's rep say?  How did you feel - confident, nervous? - and what do you think went well?  What won it?

Quitto

I will try to answer all these questions later today/tomorrow 

Quitto

This was my first court experience and I think it went well. I attended the hearing in person and it was relatively informal. I wasn't really nervous, just wanted to make sure I don't forget everything I need to say. I had a crib sheet but didn't even get to go through all of my points.

My hearing was delayed by 1-2 hours and I had a different judge, not the one assigned originally. Gladstones weren't going to attend at first but after I sent them my WS they changed their mind. The person from their side was not the same person who signed their WS, visibly quite experienced.

Their key argument was the clause in my Lease where the landlord could introduce new regulations in relation to common parts and car parking. I argued that it specifically excludes "the premises" (my flat + allocated bay) and that no contract was formed between us. I also had a lot of evidence to support this claim that no benefits from CPM operation on site were gained.

I was quite surprised that their solicitor was struggling with good arguments when asked by the judge. I feel that dip down they knew their client is wrong. The solicitor would be even more lost if the hearing went ahead on time and they did not have time to prepare. They made one attempt to speak to me before the hearing and I refused.

Overall, I felt confident and the judge was really professional and most of the time was agreeing with my points. The claim was dismissed on the basis that I, in fact, have ownership of the space for the duration of my lease, no contract was formed and the "permit" was displayed in the past out of convenience.

I was not offered any compensation by the judge, apart from travel expenses and loss of income (which I could not prove) so I refused it. And yet, they still decided to appeal.

I avoid including any names and locations, as Gladstones could be reading these posts, although they can easily figure the case out. 

Umkomaas

Thank you for your helpful court update, and well done on your win.  Nice one.

Their key argument was the clause in my Lease where the landlord could introduce new regulations in relation to common parts and car parking.

They all try that stunt, rarely works in court. Most lease agreements contain similar clauses.

Coupon-mad

Quitto said:

This was my first court experience and I think it went well. I attended the hearing in person and it was relatively informal. I wasn't really nervous, just wanted to make sure I don't forget everything I need to say. I had a crib sheet but didn't even get to go through all of my points.

My hearing was delayed by 1-2 hours and I had a different judge, not the one assigned originally. Gladstones weren't going to attend at first but after I sent them my WS they changed their mind. The person from their side was not the same person who signed their WS, visibly quite experienced.

Their key argument was the clause in my Lease where the landlord could introduce new regulations in relation to common parts and car parking. I argued that it specifically excludes "the premises" (my flat + allocated bay) and that no contract was formed between us. I also had a lot of evidence to support this claim that no benefits from CPM operation on site were gained.

I was quite surprised that their solicitor was struggling with good arguments when asked by the judge. I feel that dip down they knew their client is wrong. The solicitor would be even more lost if the hearing went ahead on time and they did not have time to prepare. They made one attempt to speak to me before the hearing and I refused.

Overall, I felt confident and the judge was really professional and most of the time was agreeing with my points. The claim was dismissed on the basis that I, in fact, have ownership of the space for the duration of my lease, no contract was formed and the "permit" was displayed in the past out of convenience.

I was not offered any compensation by the judge, apart from travel expenses and loss of income (which I could not prove) so I refused it. And yet, they still decided to appeal.

I avoid including any names and locations, as Gladstones could be reading these posts, although they can easily figure the case out. 

Very well done! They always pretend they want to appeal and then they don't.

Have you seen yesterday's threads about the DLUHC update and publication of their draft Impact Assessment & 'call for evidence'?

Quitto

So the same thing happened to me again. A PCN in my bay and an appeal to cancel the ticket is rejected.

Any suggestions what to do next, considering I won the similar case in court before?

Jenni_D

Email them back and demand they cancel it - no further appeals will be made. They won't take this to court as they've already lost an identical case - if they try then you make the prior case part of your defence and seek punitive costs for unreasonable behaviour in raising a claim that they have zero chance of winning.

Are my thoughts  

Quitto

Thanks Jenni. Shall I consider taking actions and making a claim against them? Or is it a waste of time/money?

It is the same company, the same place and the same circumstances, but they refuse to cancel the ticket.

Gr1pr

I would suggest that you counter claim with your defence if or when they try another court claim, not before