Phase 1: CCJ Removed. Phase 2: Claim Discontinued. Phase 3: Costs.

Harvez63

4 days to go 

Johnersh

Interesting. In the Google maps image you can see a sign propped up against the subway, as if ready to be mounted in the coming days or weeks.

Have they provided any evidence of when their contractor did mount the signs? 

Harvez63

Rather hoped to see your name pop up almost the other heroes on here 

Where are you looking sir?

No, they gave no actual dates of when they mounted, just attached some photos taken July 2017 showing some signage, and then snuck in some that clearly wasn't taking at the same time as trees had gone through a whole season apparently. Nothing to say on Dec 2017 that X signs where in place

https://www.dropbox.com/s/8iviv1wjgyyoeer/Claimant%27s%20Witness%20Statement%20and%20Skeleton%20Argument%20Redacted%20Personal%20Info.pdf?dl=0 - Pages 28 - 48 of the pdf 

Johnersh

Isn't the biggest problem with this site that it doesn't actually offer parking at all. 

The perimeter signs say "read the other sign" and the small signs say ANPR if you have so much as entered the site or waited you're getting a PCN unless you've been in the vets.

Thus, by the time you entered the site and stopped to read the sign there was already a breach of contract. There was no mechanism to leave and avoid a PCN whether you stopped for 1 minute or 11.

There is no caution at the perimeter that it is ANPR or that is the basis for charging. Arguably as a contract it was impossible to perform if you did not already have a vet appointment booked.

This is before we get on to the standard argument that debt recovery is a standard business overhead. This is an ANPR car park, so the expectation is that they will routinely need to trace the registered keeper and correspond. The sign does not include a consent to £60 uplifts and even then, it is unclear how that sum is arrived at. It is not evidenced. It cannot be a liquidated damages sum as the signage is inadequate for that, it does not say a fixed £60 sum will be applied in addition. 

Coupon-mad

@Harvez63 did you see that @milkybk just won his case, like yours, post-set aside?

Harvez63

Thank you @Johnersh - I'm going to start with that, then onto the signage at the time of the event, then onto their evidence. Thats the plan anyway. Hopefully the judge just takes leads and hammers whatever stand in solicitor comes in to represent BWL. 

@Coupon-mad I have been reading another one bites the dust threads as my last prep to see what experiences people had on the day! and just read that one thank you 

I'm I allowed to mention the CCJ? I want to highlight the 3/4 administrative errors to, 1) used a known incorrect address 2) refunded the N244 money late to judges order 3) filed WS and skelly a month late 4) ... maybe .... using the wrong evidence if they say thats by error on the day to 

Would love to throw in I used this forum and others as research as the CCJ financially strangled me and I couldn't obtain a solicitor to defend that, which then gave me the confidence to take on the PCN itself .. maybe I should just keep the emotions out and leave the fight to the legal elements 

Feeling a weird pressure, feeling more pressure to not let down everyone who's helped on here. 

milkybk

Hi Harvez - During my claim hearing I went through the  various ways I felt the Claimant had used "an abuse of power" against me (including details about my CCJ), as well as my WS highlighting the fact the Claimant had continuously missed all deadlines etc. 

I couldn't tell you if it contributed strongly to me winning the case but it certainly didn't hurt my chances. Make sure you don't linger on it too long though, the Judge's are all extremely busy, so they don't have time for you to go over every single point in your WS etc. So make sure you create a "running order" with bullet points for yourself to follow, to make sure you get all the critical information over correctly. I would also advise you to make sure you're very aware of where all your evidence is etc, so you can quickly refer to it during cross examination etc. I took constant notes whilst the Claimant's representative was speaking, so that I could quietly search through my WS, that way as soon as they finished I was able to counter with a question or my own piece of evidence. 

You definitely need to keep emotions out of it thought, the Judge for my hearing actually mentioned this to me after I had won the case when we were discussing claiming for costs. He asked me to ensure I didn't use any overly emotive language. Make sure you stay level headed throughout. 

Harvez63

Thank you @milkybk , I'm glad you got the outcome you deserved and its not finally put to bed! 

Did their solicitor cross exam you much? 

How did it work did you go through all your evidence, then cross, then the claimant goes and did you get the chance to refute what they said?

I read your report, the faces by the solicitor is an obvious tactic, glad you pointed that out to as now I can laugh in my own head at their faces  

milkybk

It’s the claimants case, so they get to go first, they’ll present the main points of why they think they’re entitled to the claim etc. Then you present your evidence and then the cross examinations begin, in my case we went back and forth multiple times on the same points citing various exhibits etc. We didn’t go through everything, the Judge wanted a shorter summary from us both to start with.

Yes, Excel’s lawyer asked a lot of questions but they’re just hired guns, they don’t know the ins and outs of your case as well as you will, so they make easy mistakes you can point out.

Harvez63

Thank you @milkybk