Third Claim by NPM/Gladstones - Got CCJ cleared - WON AT COURT - Case Dismissed

kryten3000

Brilliant news, NPM lose again.

AdamBliss

kryten3000 said:

Brilliant news, NPM lose again.

Indeed it is  

Coupon-mad

AdamBliss said:

Finished my hearing today, got to the court at 9:30, signed in, my hearing was supposed to be at 10am, ended up waiting 2 hours until 12pm before I was called in. 

The lawyer representing NPM was hired just for the day, it seemed like the judge gave him time to prepare.
For the whole 2 hours I was waiting in the waiting room he was on his laptop and making notes the entire time. 

We finally got called in around 12pm, judge asked the claimants representive to give his case, this man went on a 30 minute rant about everything he could possibly say, he mentioned all 3 PCNs and how the driver breeched contractual agreement blalala, he mentioned how this is a serious case and that the claimant could claim up to around £1,500, he also tried to get the judge to rule in claimants favour by saying there was no statement of truth by the defendant, but the judge pointed out that it was in this page which was kinda funny. 

Next it was my turn to speak, I was honestly not prepared to go up against a 50 something year old lawyer that seemed to know everything he was talking about, I honestly thought NPM wouldnt show up just like last years case that got struck out.
I just told the judge that I was not the driver as there is no proof of this and that I am defending this as the keeper, I mentioned no landowner authority and no valid proof of any,
I also told him the signs are not sufficient; the left half of the car park has no signs and that the 1 ticket where my vehicle was parked directly in front of a sign with a PCN attached to the windshield I told the judge that there was no grace/consideration period (10 minutes for IPC PPCs) for any of the tickets (all tickets issued within 2 minutes of the first and last picture of my vehicle; 2 of the PCNs did not have a PCN attached to my vehicle) 

The judge also mentioned how my witness statement was long and that there were other points he mentioned from my witness statement like how the company was incorporated a day after the alleged landowner authority was signed. 

The whole hearing took almost an hour, the judge agreed with some of the claimants points but also disagreed with a few too, the point of consideration/grace period really caught the lawyer off guard he didn't know much to say...

Eventually the judge came to judgement and agreed with my case that the signs were not sufficient nor clear and that no grace/consideration period was given!

CASE DISMISSED!!!

I therefore asked the judge for my parking, travel expenses and half day of work since I am self employed, judge granted me £55 to be paid by the claimant within 2 weeks!!!

This marks the 3rd claim I won against NPM/Gladstones and hopefully the last.
I also got the default CCJ struck out and cleared too this year. 
All tickets cleared and all cases dismissed, I honestly saved close to £5,000 overall in the past 2 years.

I honeslty could not have done this without everyones help on this forum. 
I want to thank @Coupon-mad @Le_Kirk @1505grandad @h2g2 @Castle @BikingBud @Johnersh and everyone else. 

You guys are life savers, keep doing what you're doing. Thank you!!!

Yay, what a great court report! Well done you. These hired gun legals do try hard. 

ANOTHER ONE BITES THE DUST!

portsboy

AdamBliss said:

kryten3000 said:

Brilliant news, NPM lose again.

Indeed it is  

Hi Adam, congraulations - could you share with me your final witness statement draft - my hearing is next month and can reuse quite a bit if you can - thanks so much in advance.

AdamBliss

Coupon-mad said:

AdamBliss said:

CASE DISMISSED!!!

I therefore asked the judge for my parking, travel expenses and half day of work since I am self employed, judge granted me £55 to be paid by the claimant within 2 weeks!!!

This marks the 3rd claim I won against NPM/Gladstones and hopefully the last.
I also got the default CCJ struck out and cleared too this year. 
All tickets cleared and all cases dismissed, I honestly saved close to £5,000 overall in the past 2 years.

I honeslty could not have done this without everyones help on this forum. 
I want to thank @Coupon-mad @Le_Kirk @1505grandad @h2g2 @Castle @BikingBud @Johnersh and everyone else. 

You guys are life savers, keep doing what you're doing. Thank you!!!

Yay, what a great court report! Well done you. These hired gun legals do try hard. 

ANOTHER ONE BITES THE DUST!

Thank you! And yes, they really do. I was afraid for a moment that I would lose the case, but I just stuck to my main points and emphasised them to the honourable judge.

Glad it ended well, I owe a lot of the thanks to you, especially, no one has been as helpful and active as you. 
So again, thank you and keep doing the amazing work you do  

AdamBliss

portsboy said:

AdamBliss said:

kryten3000 said:

Brilliant news, NPM lose again.

Indeed it is  

Hi Adam, congraulations - could you share with me your final witness statement draft - my hearing is next month and can reuse quite a bit if you can - thanks so much in advance.

Thank you! and sure check section 11 of this thread: 

https://forums.moneysavingexpert.com/discussion/6523021/third-claim-by-npm-gladstones-got-ccj-cleared-won-at-court-case-dismissed/p11

Feel free to use any of it.
All the best with your hearing! 

portsboy

Thankyou very much!

BikingBud

AdamBliss said:

Finished my hearing today, got to the court at 9:30, signed in, my hearing was supposed to be at 10am, ended up waiting 2 hours until 12pm before I was called in. 

The lawyer representing NPM was hired just for the day, it seemed like the judge gave him time to prepare.
For the whole 2 hours I was waiting in the waiting room he was on his laptop and making notes the entire time. 

We finally got called in around 12pm, judge asked the claimants representive to give his case, this man went on a 30 minute rant about everything he could possibly say, he mentioned all 3 PCNs and how the driver breached contractual agreement blalala, he mentioned how this is a serious case and that the claimant could claim up to around £1,500, he also tried to get the judge to rule in claimants favour by saying there was no statement of truth by the defendant, but the judge pointed out that it was in this page which was kinda funny. 

Next it was my turn to speak, I was honestly not prepared to go up against a 50 something year old lawyer that seemed to know everything he was talking about, I honestly thought NPM wouldnt show up just like last years case that got struck out.
I just told the judge that I was not the driver as there is no proof of this and that I am defending this as the keeper, I mentioned no landowner authority and no valid proof of any,
I also told him the signs are not sufficient; the left half of the car park has no signs and that the 1 ticket where my vehicle was parked directly in front of a sign with a PCN attached to the windshield.
I told the judge that there was no grace/consideration period (10 minutes for IPC PPCs) for any of the tickets (all tickets were issued within 2 minutes of the first and last picture of my vehicle; 2 of the PCNs did not even have a PCN attached to my vehicle) 

The judge also mentioned how my witness statement was long and that there were other points he mentioned from my witness statement like how the company was incorporated a day after the alleged landowner authority was signed. 

The whole hearing took almost an hour, the judge agreed with some of the claimants points but also disagreed with a few too, the point of consideration/grace period really caught the lawyer off guard he didn't know much to say...

Eventually the judge came to judgement and agreed with my case that the signs were not sufficient nor clear and that no grace/consideration period was given!

CASE DISMISSED!!!

I therefore asked the judge for my parking, travel expenses and half day of work since I am self employed, the honourable judge granted me £55 to be paid by the claimant within 2 weeks!!!

This marks the 3rd claim I won against NPM/Gladstones and hopefully the last.
I also got the default CCJ struck out and cleared too this year. 
All tickets cleared and all cases dismissed, I honestly saved close to £5,000 overall in the past 2 years.

I honeslty could not have done this without everyones help on this forum. 
I want to thank @Coupon-mad @Le_Kirk @1505grandad @h2g2 @Castle @BikingBud @Johnersh and everyone else. 

You guys are life savers, keep doing what you're doing. Thank you!!!

Excellent news, rally chuffed.

I am unsure that my efforts are but a very minor contribution here, the true stalwarts and your own determination carried this through. 

Shame you didn't get a little more in terms of expenses but I am sure you can find something to enjoy and toast NMP and Gladstone's for the kind contribution.

Brill👏

AdamBliss

BikingBud said:

Excellent news, rally chuffed.

I am unsure that my efforts are but a very minor contribution here, the true stalwarts and your own determination carried this through. 

Shame you didn't get a little more in terms of expenses but I am sure you can find something to enjoy and toast NMP and Gladstone's for the kind contribution.

Brill👏

Thank you, it was just such a huge relief, I just hope my thread helps others win too!

Car1980

Always seems to come down to signage doesn't it? 

The eternal struggle between making signs just small and insufficient enough to generate PCNs and being clear enough to get away with it in court.