CST Law case - Judgement made

lurpdog101

KeithP said:

lurpdog101 said:

I have just received the Claimant's Bundle. Is this something I also need to send out? I did not see anything about that on the court form, or here...is it just something they do? My Witness Statement was submitted etc on time.

Your Witness Statement and evidence are 'your bundle'.

Apart from that, what else is in the Claimant's bundle?

I haven't looked through it thoroughly, appeared to be their WS, QA, all the physical copies of PCNs etc

KeithP

lurpdog101 said:

KeithP said:

lurpdog101 said:

I have just received the Claimant's Bundle. Is this something I also need to send out? I did not see anything about that on the court form, or here...is it just something they do? My Witness Statement was submitted etc on time.

Your Witness Statement and evidence are 'your bundle'.

Apart from that, what else is in the Claimant's bundle?

I haven't looked through it thoroughly, appeared to be their WS, QA, all the physical copies of PCNs etc

OK, so just like you have filed and served your Witness Statement and evidence, they have done the same.

You mention 'QA'. What is that?

Why do you think you need to send anything more?
Is there stuff you have left out?

lurpdog101

oh, the QA was mistyped. It was the initial questionnaire had to do. I only ask, as they already submitted it to me via email, saying had submitted to court as well a couple days before the deadline but this is specifically called Claimant's Bundle, which is on the letter as something different. I had only wondered if was something I was unaware of, however, looking at the court letter, it only states claimant bundle must be submitted after the wS

lurpdog101

2 weeks today until my hearing. I am typing up my notes, with the bullet points for talking points, which based on my WS....getting nervous now

Coupon-mad

lurpdog101 said:

Just for some extra info, as I’m formulating my letter to MP to go off today ..attached is redacted copy of the last letter sent by ocean parking. Please note this is 3 weeks AFTER the DCA started chasing me for £160 per “charge”. I have never had a letter from Ocean parking stating they have sold the alleged debt or passed it to a DCA to manage. 

Also attached some photos of the signs which had gone up overnight and also the entire car park, showing no disabled bays…these photos taken yesterday as I decided to go and check if they’d added any special bays since my first raising it 6 months ago, they haven’t…which is in my favour. The signs are in Welsh and English, but not on same sign, one Welsh, then have to walk to another part of car park if want to read it in English! Difficult if disabled and can’t really get out the car as no room when car park full

Just looking back:

Your main point is a lack of signs.  You didn't enter into any contract because you didn't know about it.

You said this was a sudden new regime.

The BPA CoP requires extra - very prominent - signage when previously unmanaged car parks suddenly change.

lurpdog101

Today is the day. 1pm. 
Any last minute advice? I have everything printed and collated - every single letter I received from them to counter their argument inferring I am not good at checking post as they said "It is the defendent's responsibility to monitor all correspondance". It is their responsibility to ensure that post can be proven to have been delivered!!

I also wrote some points to go alongside reminding me about my WS. 
- Theirs also states £70 added for costs incurred passing to Debt Recovery Plus. My a$$. I will be asking for proof of these costs as there are no costs incurred in passing to a DCA. ( besides it was £60 added, so they do not even know their own charges)
- The fact that only received 3 PCNs and all landed on doorstep same day.
- Carpark was changed to Ocean in 2021, contract signed March 21, no signs were put up advising of the change. My charges are from July and August 21, when son got job there, and had not been private last time we went and no signs or notices to say was changing hands.
- 5 of the 8 charges, the stay was for less than 14 minutes, which, considering the national 10 minute leeway given and the extra time on top for those with disabilities is also put down in the Acts, and no disabled parking etc, then these should be struck out immediately.

lurpdog101

The fact they have put the incorrect amount added for the DCA in an official WS, alongside the email they sent me which included their WS, whereby the wrong client had been named in the body of the email, I will use as proof that their WS is invalid and should be dismissed?

lurpdog101

Court completed. Judgement has been made. 

Judge was not happy that the claimant witness not present and that all they had done was given the brief to a solictor who had no knowledge and therefore was taking my right to cross-examination away. He allowed them to cross examine me, but noted I was representing myself and that I was disadvantaged for not being allowed to do same.

Basically went through it all. Judge noted and already queried my points raised about discrepancies in amounts and also that CoP was not clear.

He noted my evidence that I had only received 3 of the 8 PCNs and they could not prove the others were delivered and adding copies to the bundle was not sufficient and with no witness to ask, then had to make call based on that.

He was satisfied a contract was entered into, but he said that although there was writing on the sign about additional charges, he said the writing was too small and did not fit the law, and therefore dismissed any claims for DCA charges. 

He said disability discrimination did not come into it, nor the extra time needed as my wife was dropping off my son and not parking so not eligible.

He said as of 2015 it is law to name the driver when asked, if it wasn't yourself.

They tried charging interest since application to now and then for any from today until payment. He ruled that unlawful double-charging and upheld only the interest since last december at 8%. 

They wanted £1715 including costs from me

Judge ordered £300 for the 3 PCNs plus £26 interest and £374 for the standard charges. So £700 in total. Judge refused their solicitor from claiming his costs as they did not present nor win their case fully

He said I had been an honest, straight forward and genuine defendant and did not try to embellish anything. 

Thanks for all your help. Although ended up having to pay £700, it is still a lot less than what they wanted, and without your help, I would have ended up with the full amount to pay

KeithP

lurpdog101 said:

He said as of 2015 it is law to name the driver when asked, if it wasn't yourself.

Wow!! I wonder which law he was thinking of?

lurpdog101

KeithP said:

lurpdog101 said:

He said as of 2015 it is law to name the driver when asked, if it wasn't yourself.

Wow!! I wonder which law he was thinking of?

he did say something, but I didn't write it down. I was in the witness box at the time. Their solicitor was totally unprepared and even admitted their issues. TBH he was fuming with them too, as not been given much to go on. I don't think they expected me to go. He (solicitor) said morally he agrees with everything I said. The person who sent the email with the incorrect client name, (judge said was bad but not pertinent or had weight to the case) no longer works for Anchor/Ocean and their solicitor was angry as said he only found that out when he called to talk to her as she was his contact for the case!!