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Lost a court case
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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
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.1 -
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 forwardFrom the Plain Language Commission:
"The BPA has surely become one of the most socially dangerous organisations in the UK"0 -
95Rollers said:Sadly you'll have to pay up or speak to the court to arrange a payment plan maybe.
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.1 -
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.0
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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 forward0 -
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?1 -
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?4 -
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).
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