Draft for defence against Parallel Parking ltd (& gladstones solicitors)-please check!

star1800

Coupon-mad said:

You could - but appeals go to an even more out of touch Judge.  Believe me, I've seen an appeal hearing or two in parking cases and Circuit Judges are useless to consumers, swallowing everything a legal rep or barrister for the other side tells them.

She was completely wrong and has erred in law about your liability. Didn't your bundle include Excel v Smith (appeal)?  That would have saved her falling into error.

I just few harshly treated, so wondering if appeal would give me a fairer chance.

yes I did have excel and smith in my bundle,but it seemed she didn’t even read my  ws. Nothing from my witness statement was mentioned and she was asking me questions only and just using her own knowledge rather than the law.   It felt like she was helping them rather than looking at my ws and being fair.  

Coupon-mad

I just few harshly treated, so wondering if appeal would give me a fairer chance.

It would be ten times worse, with a Judge who has no clue.

If you'd taken her to Excel v Smith and asked her to read that appeal judgment, she would have been stopped in her tracks.  It is persuasive on the lower courts.

Your job was to say 'but Judge* that is incorrect' and use your exhibits and authorities to turn her thinking around.

The law in a court room is what you voice versus what the other side says. Awful, isn't it?


* for the regulars, you now address them as: 'Judge' not Sir or Madam.  It's just changed.

star1800

Coupon-mad said:

I just few harshly treated, so wondering if appeal would give me a fairer chance.

It would be ten times worse, with a Judge who has no clue.

If you'd taken her to Excel v Smith and asked her to read that appeal judgment, she would have been stopped in her tracks.  It is persuasive on the lower courts.

Your job was to say 'but Judge* that is incorrect' and use your exhibits and authorities to turn her thinking around.

The law in a court room is what you voice versus what the other side says. Awful, isn't it?


* for the regulars, you now address them as: 'Judge' not Sir or Madam.  It's just changed.

I thought the judge would be more fairer to me as its my first time and use my witness statement for my defence and would ask to clarify anything she didnt understand. Its hard to show authority when its your first time and when your anxious. 
More and more people are losing so i think we need to get ppl upto speed and how it really is in the court room. and how they need to stand up against the judge.

Le_Kirk

star1800 said:

More and more people are losing so i think we need to get ppl up to speed and how it really is in the court room. and how they need to stand up against the judge.

That is what this forum does.

Coupon-mad

More and more people are losing. 

No they aren't.

We had several wins, 3 discontinuances, and two reported losses this week, one of which went so far off-piste that it is true to say the poster had not followed forum advice.  So, that one doesn't count, in terms of what we do here.

Your case, I think is down to bad luck of getting a rookie Judge who had read nothing, and thought she knew better than to bother to read the authority that would have changed her error in thinking.

Bad luck for you. I am so sorry. The NEWBIES thread provides a section on hearing tips, but I don't think we can add more and there's no accounting for a bad Judge who has read nothing.