PPM BW legal court help

theeviltwin

Yes they did. We were in court today. We won. But the judge decided they should not cover my costs. So in the end I spent a lot more money than the actual PCN were worth. More than double. And the case dragged for almost two years causing me a lot of anxiety and even depression.
it baffles me how it’s legal for such things to happen.

Le_Kirk

Well done on the win but tough luck coming across a judge who didn't understand!  What was the reason the judge gave for refusing your costs argument?  Had you submitted a costs assessment with your Witness Statement?

theeviltwin

Yes. But the judge decided that it was not unreasonable for PPM to try and charge me. What happens is they submitted as evidence a contract with the management of the building but the address did not match with mine, I believe because the entrance is through the address they have but it goes into my building which is not covered by their contract. We never got to argue that it is my parking bay and I have the right to park in it. The case was dismissed immediately there. The judge also doesn’t consider that PPM was trying to mislead the court despite introducing a contract with the wrong address. My solicitor argued that this has caused me a lot of emotional distress specially at such a vulnerable time (just had a baby) and the judge still doesn’t think I’m entitled to at least recover my costs. 

The message I got is that anyone can come into my property no matter how legit my occupancy is and make my life really hard, drive me into financial trouble and depression and the law will do nothing to protect me. And they got the message that it is okay to try your luck harassing people this way. I am very disappointed with this system. 

Le_Kirk

Your solicitor!  Did you pay to have someone present your case and was that the costs you were trying to recover?
Everybody is disappointed with the system; it does seem skewed towards the PPCs.

1505grandad

@Le_Kirk -  C.L.  -  see tge following link:-

https://forums.moneysavingexpert.com/discussion/comment/81524357/#Comment_81524357

theeviltwin

Yes my solicitor was with me. I would not know what to do without him. And yes those were the costs I was trying to recover but got nothing. 

Le_Kirk

1505grandad said:

@Le_Kirk -  C.L.  -  see tge following link:-

https://forums.moneysavingexpert.com/discussion/comment/81524357/#Comment_81524357

Thanks @1505grandad, didn't realise it was a CL case.

Coupon-mad

theeviltwin said:

Yes they did. We were in court today. We won. But the judge decided they should not cover my costs. So in the end I spent a lot more money than the actual PCN were worth. More than double. And the case dragged for almost two years causing me a lot of anxiety and even depression.
it baffles me how it’s legal for such things to happen.

Well done on the win, at last!

ANOTHER ONE BITES THE DUST!

The problem with using solicitors for small claims is that you are not entitled to costs if you win, unless you can reach the high bar of showing that the C has acted 'wholly unreasonably'.

It is a very high bar, as you discovered.

Also, reading your OP it seems you had accepted the permit scheme because you talk about 'a sticker' not being displayed on your dash. it would have been better IMHO if you had never gone along with the little scheme. They are not working in your interests so I hope you can find a place without a PPC on site. You shouldn't have to live like this.

theeviltwin

Coupon-mad said:

theeviltwin said:

Yes they did. We were in court today. We won. But the judge decided they should not cover my costs. So in the end I spent a lot more money than the actual PCN were worth. More than double. And the case dragged for almost two years causing me a lot of anxiety and even depression.
it baffles me how it’s legal for such things to happen.

Well done on the win, at last!

ANOTHER ONE BITES THE DUST!

The problem with using solicitors for small claims is that you are not entitled to costs if you win, unless you can reach the high bar of showing that the C has acted 'wholly unreasonably'.

It is a very high bar, as you discovered.

Also, reading your OP it seems you had accepted the permit scheme because you talk about 'a sticker' not being displayed on your dash. it would have been better IMHO if you had never gone along with the little scheme. They are not working in your interests so I hope you can find a place without a PPC on site. You shouldn't have to live like this.

I am very disappointed. But I understand why these predatory companies continue to do what they do… there are no consequences. It seems it’s okay to be using your own property and someone will come harassing you for money and civil law will not protect an honest citizen with no fault in the matter. To me that on itself is unreasonable. Then you had the anguish and constant worry, money spent on defence leading to financial distress for two horrible years, which also coincide with the first two years of my life as a mother and the first two years of my daughters life. It’s all so wrong in so many levels it shocks me.
I am looking into getting out of this place because who know what they will try tomorrow. But in debt things are harder.

I just hope they meet someone that will take this so far that there will be some changes to the laws. I unfortunately don’t have the mental health for it anymore. 

theeviltwin

I am supposed to hear more from Contestor legal on for their actions though. So keep an eye here because I will bring more updates as soon as possible.