IMPORTANT: Please make sure your posts do not contain any personally identifiable information (both your own and that of others). When uploading images, please take care that you have redacted all personal information including number plates, reference numbers and QR codes (which may reveal vehicle information when scanned).
We're aware that some users are experiencing technical issues which the team are working to resolve. See the Community Noticeboard for more info. Thank you for your patience.
📨 Have you signed up to the Forum's new Email Digest yet? Get a selection of trending threads sent straight to your inbox daily, weekly or monthly!

Lost a court case

Options
2»

Comments

  • bargepole
    bargepole Posts: 3,237 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    Half_way said:

    As for the issue on the lost court case, was this a residential case? was this an own space case?
    is there a link to the original thread ( if one exists)
     If it is/was an own space issue then its important to fight back , as showing acceptance of the parking company, either by accepting this and/or doing nothing can cause issues further along the way  for the renter, and the landowner , as effectively the rights to the property have been handed over to a third party which will have a huge effect if it is to be sold , and on any future issues around parking
    It's far too late for any of that.

    The OP's defence, as shown in the original thread, contains no facts about the parking event, and is just a series of not very well made quasi-legal arguments. It doesn't mention that it's a residential case, despite the fact that he/she was advised to amend it by a long-standing respected member.

    It's not at all surprising that the case was lost, people have to do far more to help themselves if they expect to succeed in Court.



    I have been providing assistance, including Lay Representation at Court hearings (current score: won 57, lost 14), to defendants in parking cases for over 5 years. I have an LLB (Hons) degree, and have a Graduate Diploma in Civil Litigation from CILEx. However, any advice given on these forums by me is NOT formal legal advice, and I accept no liability for its accuracy.
  • Half_way
    Half_way Posts: 7,476 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    I was thinking of going down the routs of going after the management company,  derogration of grant and so on, something along the lines of ..
     the managemetn company appointed a parking company to issue parking charge notices on land which the management company had to right to impose such things, as a result the OP has lost out by £court case+time etc .
     This will require some work from the OP who will need to understand the ins and outs of things - something that so far appears not to have happened and as a result of the original posters failure top follow advice they have lost out, and may be in a tricky position going forward
    From the Plain Language Commission:

    "The BPA has surely become one of the most socially dangerous organisations in the UK"
  • KeithP
    KeithP Posts: 41,296 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    95Rollers said:
    Sadly you'll have to pay up or speak to the court to arrange a payment plan maybe.
    Yes, I agree with the first part, as I said earlier.

    But the OP should understand that paying their dues by instalments will mean that the Judgment will remain on their file for up to six years making it difficult to get credit at affordable rates.
  • D_P_Dance
    D_P_Dance Posts: 11,591 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    I agree with thr last para of B's post above.  Some judges appear not to make allowances for members of the public who struggle wit this stuff.
    You never know how far you can go until you go too far.
  • yuriko
    yuriko Posts: 10 Forumite
    First Post
    I adapted another defence, the Judge agreed on the points but felt that I parked knowingly and willing to take the risk of getting a ticket which is why he decided that the claimant was due the win. I was able to knock off the additional charges and paid the charge plus court fees but just a bit of a bummer 

    I have seen someone post in another parking forum from the same estate who won so will be using that going forward 
  • yuriko
    yuriko Posts: 10 Forumite
    First Post
    UPDATE - I sent a better version of my witness statement for the another case and I just got a discontinuance from the claimant - I have 4 more court cases that I plan to use the same defence/witness statement my question is: 

    Should I contact the claimant solicitors and get them to cancel the other court cases or should I submit my witness statement for each claim and wait for them to discontinue?
  • BrownTrout
    BrownTrout Posts: 2,298 Forumite
    1,000 Posts Third Anniversary Photogenic Name Dropper
    yuriko said:
    UPDATE - I sent a better version of my witness statement for the another case and I just got a discontinuance from the claimant - I have 4 more court cases that I plan to use the same defence/witness statement my question is: 

    Should I contact the claimant solicitors and get them to cancel the other court cases or should I submit my witness statement for each claim and wait for them to discontinue?
    Treat every case on its own and follow the instructions on each court order.
  • Coupon-mad
    Coupon-mad Posts: 151,896 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    And never mention the one you lost, not in a WS and not at any hearing

    Each case is separate although they shouldn't have filed several claims because it's a complete waste of court time and your own.  But you can't really mention that without mentioning the one you lost...so don't!
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
Meet your Ambassadors

🚀 Getting Started

Hi new member!

Our Getting Started Guide will help you get the most out of the Forum

Categories

  • All Categories
  • 351K Banking & Borrowing
  • 253.1K Reduce Debt & Boost Income
  • 453.6K Spending & Discounts
  • 244K Work, Benefits & Business
  • 598.9K Mortgages, Homes & Bills
  • 176.9K Life & Family
  • 257.3K Travel & Transport
  • 1.5M Hobbies & Leisure
  • 16.1K Discuss & Feedback
  • 37.6K Read-Only Boards

Is this how you want to be seen?

We see you are using a default avatar. It takes only a few seconds to pick a picture.