UPDATE: I won at small claims court - At DQ stage with Gladstones on Behalf of Minster Baywatch

antwilliams

Coupon-mad said:

No, it raises important and arguable points about the contract and the signs themselves.  Enough to build on in your WS bundle.

I won a case in court in February about the fact that the signs identified 2 different companies, such that it seems that the contract was not offered by the Claimant, who were only an agent with no standing to sue.  They had failed to 'make the contract their own' (Fairlie v Fenton applies).

The Judge liked it so you have every chance with your similar argument.

Great stuff. The big signs have Bransby Wilson all over them so I don't think it's reasonable for me to expect an invoice from Minster Baywatch. Fairlie Vs Fenton looks like a great one to cite

antwilliams

Just to confirm, I send a copy of the N180 DQ form to the CC busines centre and Minster Baywatch Ltd, NOT Gladstone's?

KeithP

antwilliams said:

Just to confirm, I send a copy of the N180 DQ form to the CC busines centre and Minster Baywatch Ltd, NOT Gladstone's?

You are mistaken.

Please re-read item 10 on the checklist in the opening post of the Template Defence thread.

antwilliams

Just to let you know I defended this claim against me and won based on there being no evidence of an agreement between Minster Baywatch and the landowner. My defence was based on Bransby Wilson being the enforcement company but as the judge pointed out, they didn't even establish that, so there didn't appear to be anyone who had proved they had the legal standing to bring the case.

I was awarded £110 for loss of earnings and travel plus £100 for their unreasonble conduct

Umkomaas

Nice one, and well done. The Minster Baywatch/BransbyWilson gift that keeps giving!

When you've gathered your thoughts, perhaps you can give us a few more details of the hearing - which court, Judge's name, who did the PPC field to represent them, what did they have to say, what did the Judge have to say, did you have to speak?  This information really does help us to understand the courts' and Judges' thinking which in due course helps other motorists who inevitably fall foul of litigation-rampant PPCs. 

Thank you so much for the feedback, it really does help keep our enthusiasm going! 👍

antwilliams

This was in the combined court of Derby
Deputy District Judge Cockayne

The PPC decided not to attend so were making their claim entirely on the orginal filing and their WS. 
I sent in my WS which the judge commended me for preparing. She said it was one of the most comprehensive and clear defences she'd seen from a lay defendant. (she later asked if I'd ever thought about becoming a solicitor!)

In the hearing,she explained the claim against me. Told me she'd read both witness statemenst and then asked me to to talk her through my defence. The hearing lasted about 10-15 minutes.

The initial costs were fairly standard and then when I asked about costs for unreasonable conduct she thought it over and decided that had this been a one-off she wouldn't have awarded but as she is very well aware MB/BW are doing this all over the country, she felt it appropriate to award costs for unreasonable conduct.

My experience was very positive. It was clear the judge wanted to hear from me and obviously had encountered "litigant-rampant" PPCs before and was not a fan!

UncleThomasCobley

That is a very good court report. Thank you and well done. Excellent news that the judge believed that MB/BW were acting unreasonably and awarded costs appropriately.

antwilliams

Thanks. Hopefully they might ease off if they keep losing

If it's helpful, here's my WS - https://drive.google.com/file/d/1Kywr-Zddc4vxR31hNKTNIxJqX0uptfZf/view?usp=sharing

Coupon-mad

antwilliams said:

Thanks. Hopefully they might ease off if they keep losing

If it's helpful, here's my WS - https://drive.google.com/file/d/1Kywr-Zddc4vxR31hNKTNIxJqX0uptfZf/view?usp=sharing

Very well done!

ANOTHER ONE BITES THE DUST!

Somewhere on the forum, we have a written judgment or order from another Judge, stating the same.  MB didn't offer the parking.  BW's name was on the sign.

Just adding this as a heads up for any newbie reading this one, to go find the other case with the written judgment, which can be used by every MB Defendant, as evidence.

UncleThomasCobley

Coupon-mad said:

Somewhere on the forum, we have a written judgment or order from another Judge, stating the same.  MB didn't offer the parking.  BW's name was on the sign.

Just adding this as a heads up for any newbie reading this one, to go find the other case with the written judgment, which can be used by every MB Defendant, as evidence.

Do you men this one?

27 June at 1:19AM