KBT Cornwall t/a Armtrac Security Services PCN

KeithP

What is the Issue Date on your County Court Claim Form?

Have you filed an Acknowledgment of Service?
If so, upon what date did you do so?
Your MCOL Claim History will have the definitive answer to that.

Umkomaas

KeithP said:

What is the Issue Date on your County Court Claim Form?

Have you filed an Acknowledgment of Service?
If so, upon what date did you do so?
Your MCOL Claim History will have the definitive answer to that.

Hello @KeithP, welcome back. Missed you sir! 😊

Flynn9197

Hi,

I just wanted to give you all an update.

I went to court yesterday to defend my claim. 

Unfortunately, the judge decided in the Parking company's favour. It kind of felt like the Judge had already made his mind up before sitting in the courtroom. The Judge barely spoke to me, and when I tried to speak, the Judge completely shut me down. When even the advocate would make a point in his claim and I would have a good argument back to his claim the judge would just lift his hand to me and stop me from talking. this was all over in less than 30 minutes and I have to say I was in complete shock at the whole process.

Before I give the judges reasoning for siding with the parking company I'll give you a little run down about the case. My main argument was the total time spent in the car park before the PCN was issued. The first picture of the car was taken at 13:25 and the last was taken at 13:27 with the ticket being issued at 13:27. My main argument was on the consideration period set out in the IPC CoE. 

However, on the PCN itself which I had a copy of, the PA stated that he first observed the car at 13:05 however there was no evidence of this. There was no mention of how he observed this or remember this before going back at 13:25 to take pictures and issue the ticket. There was no WS from the PA and no one in the courtroom I could question about that process.  

The Judge decided that he "believed that there was no reason for the PA to lie about the Observed time and that he believes that the car was present in the parching space at 13:05". There were also issues about not being able to download the app and pay. to which the judge responded "that I should have kept spare change in my car in case the only option to pay was by cash" even though in my defence I pointed out I didn't carry cash anymore because this was during 2020 and the Covid Pandemic.

The only positive from this is that the Judge did remove the unlawful £60 charge the claimant was trying to claim. He did this without me even having a chance to bring this up as he already made his mind up about the case. There are so many cases when the claimant has added these fake costs on that the whole claim is struck out, which he didn't do. The Issue I have with this is that at no point during the build-up have I had the chance to settle because the amount they were looking for was unlawful and incorrect. This meant I had no choice but to take it to court to fight those unlawful charges but still end up having to pay the claimant's costs such as the court fee and hearing fee.  


The total I have to pay is just over £200.

Do you think it's worth appealing the decision? If I do, will there be more costs to pay in case I lose the Appeal?

Also thought I'll add there were three other parking cases that day with the KBT being the claimant in two of them.

Umkomaas

Sorry to hear the outcome of your case. An appeal can only be made if the judge erred in law, it can't be appealed for a second bite of the cherry because you disagree with the judgment.  

Coupon-mad

No it's not worth appealing.

Did you actually do a witness statement and evidence - just before Christmas?  You know when you got their evidence bundle...you had a deadline to do your WS bundle too.

We'd have helped you with it.  Looks like you went way off piste and never came back here...

If you didn't do a WS then you were not a 'witness' (in the court sense) and the Judge was right not to hear evidence from you.  Sadly.  He could only hear evidence from the party that had provided a bundle.

Sorry to hear your outcome.

Flynn9197

Hi Coupon,

Yes, I did send a WS and Exhibits. Even had a Crib sheet I didn't get a chance to use

Coupon-mad

Flynn9197 said:

Hi Coupon,

Yes, I did send a WS and Exhibits. Even had a Crib sheet I didn't get a chance to use

So sad.  Horrible Judge, then.  You will have to pay in full straight away to avoid a CCJ.

Get your revenge, served cold.  We need you!  Please don't disappear just yet.

A final Public Consultation is coming.

UK motorists need you to help us make a difference forever.  What a waste of your time this was, and why should there be such a litigation culture in parking?   It's truly horrible being pursued for £100 plus false 'fees' for no reason, by an ex-clamper aggressive firm, isn't it? 

Join us in trying to end the conniving PPC and DRA 'added fees' fuelling the court culture. There will be one window of opportunity very soon, likely early this year.

Together, we can stop the rotten parking industry from riding roughshod over the new statutory Code and the charge level caps, and otherwise bullying all motorists forever, using the regulation to gain kudos and status.

If you are not likely to pop back here every week to check, please set up email alerts for this forum and bookmark this thread (below) as we intend that one of us posts on it when the Government opens the Consultation:

https://forums.moneysavingexpert.com/discussion/6333989/mse-parking-ticket-appeals-guide-feedback#latest

Read only the latest (2022) posts there.

The PPC money-grabbers have blocked the new Code by filing for Judicial Reviews.

Stopped the declared and much welcomed parking code from February 2022, which stated that added £60 or £70 false 'DRA fee' extortion was to be banned and that parking levels would start at £50.

It's on hold.

Motorists urgently need it reinstated and the ban on false 'DRA fees' confirmed, to stop the rot.

This year will be your chance to make a difference, plus any other drivers you know (family, friends) who are also fed up to the back teeth with the greedy and unscrupulous parking industry and the stranglehold they have on people.

We need VERY high numbers of real victims to make a point of responding to this final Consultation. Coming soon.