Court Report - Birmingham - Won, and I wasn't even there

bargepole · 20 October 2022 at 4:25PM

Case No. H1DP6R0Y – Parking & Property Management -v- Mr S

Mr S is a leaseholder of a flat in Birmingham, and the parking permit was properly fixed to the windscreen of his car with a clear adhesive backing sheet.

On this occasion, he had taken his car to a garage for repairs, expecting to get it back the same day, but more work was needed, and the garage lent him a courtesy car which he parked in his allocated space. The lack of permit on the courtesy car caused the PCN to be issued, and it eventually resulted in a Court claim issued by BW Legal on behalf of the Claimant.

I helped him with his Defence and WS, but the hearing was listed as face to face, and it would not have been viable for me to travel to Birmingham for a single ticket case. So I provided him with a crib sheet to work from, and the case was heard on Tuesday. This was the report he sent me:

Great news! The case was dismissed.

The tenant act wasn’t very strong argument as I couldn’t demonstrate how the law applied in this case and the judge was confused as to whether it applied in this case.

The lease agreement mention ‘reasonable regulation’ from time to time for parking which we discussed. And it was whether it was deemed reasonable to expect me to remove the permit which was stuck into my windscreen apply it onto the courtesy car then remove from the courtesy car and re apply it back to my car. And I said it’s stuck into the screen and not easily transferable like a disabled badge.

And given my circumstances of the car breaking down it was given in my favour

Again thanks so much for the help.

I was awarded 95+5 = 100 for my costs of attending as well

The other party wanted to appeal but she denied the appeal too

Overall I am happy thank you 🙏🏽