Court Claim form did not receive and not able to Acknowledge receipt of claim online please HELP

patient_dream

Castle said:

The Judgment dated 24th November 2023 stated that the Defendant wasn't in attendance!

Must be a court typo as the defendant was in court

zeljko

Castle said:

The Judgment dated 24th November 2023 stated that the Defendant wasn't in attendance!

Yes, I noticed this. Tried to understand why judge put this. It was two of us from defendant side. First point from claimant was used to dismissed this claim without defendant inputs. Maybe this is typo

Coupon-mad

Just a warning not to go in too confident based on the first win. It really is starting from scratch - new Judge, different case - and he/she isn't bound by another hearing or judgment that doesn't even state the rationale.  But DO mention it because the Judge should be told.

Don't assume the Judge has read anything!

patient_dream

zeljko ,,,,WON AGAIN TODAY .... BRITANNIA.BWLEGAL

THIS WAS A CLAIM FOR £700 PLUS

zeljko will post a court report in a while

Le_Kirk

Two out of Two - great result.

zeljko

patient_dream said:

zeljko ,,,,WON AGAIN TODAY .... BRITANNIA.BWLEGAL

THIS WAS A CLAIM FOR £700 PLUS

zeljko will post a court report in a while

Yes we win again. But it was not so smooth.
This time judge accepted that entering signs are fine. Even if they are install on corner wall 5m from entrance. He asked me how come I did not see them and how is my sight. Also he can see this is small parking and sign should be visible.
But this time he pickup terms and conditions on sign,



Patron Only, is it meaning only patrons can car park? or this is terms and conditions for patrons...not clear...
T&C will apply when I enter parking and I must to register vehicle at the bar.
But there is national lockdown and it is not possible to register on the bar. This mean T& C are not possible to follow. 

Judge mention "frustrated driver" and explained:

the law of frustration: whether or not a contract should be frustrated if the purpose for its existence is no longer present, due to an intervening event.
(The cases of Krell v Henry1 and Herne Bay Steam Boat Company v Hutton2concern the law of frustration)

and concluded that there was no contract and claim is dismiss. 

Claimant started talking about T&C small print if I am not able to follow contract I should leave private parking.
Judge tried to read  T&C small print but it was impossible and told him even if this is part of small print still there is no contract.
He told him if this claim is related to trespassing maybe he will win argument.

Claimant requested chance to Appeal and gave 2 arguments but judge again dismiss this.
I was surprise to see that Claimant want to appeal and push this to higher court. Even if he lost 1st Claim.
And again we did not touch landowner authority, hidden owner and different entity at all.

Do you really think if judge allowed for appeal they will pursued this claim further?

I asked cost and judge allowed half day, I thing £45.

I will wait officially judgement and post it for everyone to see.  

patient_dream asked Claimant how he even plan to win this, he just rush past us and said I don't want to talk to you right now ....

Coupon-mad

Haha - brilliant!  Well done both.

A decision based on 'ambiguous signs/terms' can't really be appealed. because the Judge was entitled to come to the conclusion that he did, and indeed he is duty bound because the CRA 2015 says:

"Contract terms that may have different meanings

(1)If a term in a consumer contract, or a consumer notice, could have different meanings, the meaning that is most favourable to the consumer is to prevail."

https://www.legislation.gov.uk/ukpga/2015/15/part/2/enacted

Anyway well done!

ANOTHER ONE BITES THE DUST!

Given you've been dragged to court twice, PLEASE now do this Inquiry - patient_dream can explain more and help gather your claim evidence, if guidance is needed:

https://committees.parliament.uk/committee/102/justice-committee/news/198166/new-inquiry-justice-committee-launches-new-inquiry-on-the-work-of-the-county-court-amid-capacity-and-resource-concerns/

Thankyou!  Less than 2 weeks left to do that.

patient_dream

MY COMMENTS ....

The Judge was good, and explained everything as we went along
He grilled zeljko and took his time looking at the pictures asking further questions

His conclusion was frustration of contract as the terms could not be followed, IE entering a VRN within the pub, when the pub was closed due to lockdown
Hence he dismissed the case. This was an addtion to the ruling of the judge the previous week who dismissed on the signs

The legal rep was a nice enough chap who I met twice before but, he was clearly frustrated because he lacked such information from BWLegal who in my opinion should have actually known the outcome
Both cases were a timewasting experience that should never had happened

You probably know that zeljko is not English, he is from Croatia and I congratulate him on his research and command of the English language

He now has some spare money (approx £1200) to spend on his wife and two young children at Christmas