Successful Defence Against Private Parking Charge Michael Sobell of Roxborough

[Liverpool way]

What made me laugh was the way Sobell kept adressing the Deputy District Judge as your honour!............Even I know it should be sir.........and he's meant to be a solicitor? !!!

 

[Liverpool way]

Now this case was in January, imagine Sobell's surprise when he realised he had to attend the same court, but this time with the Mrs!

 

Well on reflection of the absolute thrashing he had previously by the mighty Scouse Magic, it was not so un-surprising that proceedings were suddenly dropped......just a shame really that he did not file the correct form and offer my costs to that point!

I counter claimed the intial particulars of claim which was totally wrong.......Sobell said they related to one car .....but it was two.

 

For your purusal and enjoyment I post some of the judges comments in my case...................

 

JUDGE "The Claimant notwithstanding being advised by the Court that the application to

adjourn was not being granted, makes no appearance or indeed any

communication with the Court whatsoever. My reaction to that is that any firm

of solicitors, and it may well be that Mr Sobell is the only solicitor employed by

that firm, but notwithstanding that, any solicitor in practice engaged in litigation

who simply fails to attend Court, does not take notice of a message that was left

on his firm’s answering machine, even if he is hospitalised, as per the 15th March

application avers, must have some administrative staff to ensure that whilst he is

personally unable to work, that the work is going to be covered. The world does

not stop simply because a solicitor goes into hospital.

And I am not impressed by the absence of any response to the telephone message that was left and the fact that he even thought it was appropriate to apply for an

adjournment in the first place when it would have been easy to engage either

another solicitor by way of an agency agreement or simply to instruct counsel to

attend on behalf of the client.

So I am dealing with this counterclaim in the absence of anything from the Claimant and also, as Miss Fever has pointed out, in the absence of any

documents put forward in defence of the counterclaim.

The way in which the claim was being pursued is quite frankly a mess.

 

 

The second complaint that Miss Fever makes is that in the letter before the claim and this is from Graham White Solicitors, the letter dated the 23rd October 2012, it

says this:

“Registered keeper details were obtained from the DVLA and my

client wrote to the registered keeper requesting either payment or

details as to who was driving the car at the time of the

unauthorised parking events. During various recorded

communications between the registered keeper, you, and my client

you have admitted to being the driver at the time of these events.

Both my client and my firm have written to you on several

occasions to request payment of the above debt and to date you

have not paid despite offering to pay.”

Well, those two assertions are clearly both wrong. And it is a matter of concern that a solicitor would write to a Defendant setting out not one but two grossly

inaccurate assertions.

 

 

Needless to say Judgement awarded in my favour for £235.00 and £180.00 costs awarded.

 

 

Now then, old Sobell decided he could challenge this.....and was shot down in flames by His Honour Judge Scarrat...." There being no realistic prospect of success".

 

 

I then turned the tables on them, threatening them with a warrant of execution.....They ignored me .....The claimant (hospital) paid out in the end!

 

Edited January 8, 2017 by dx100uk

[Liverpool way]

I love it when a plan comes together, and the legal team are anialated.I actually defended myself over a county court claim between a miss Jodie Louise Sutton, and my self.She turned left from a right hand lane at a roundabout , and smashed into my car.She drove off and refused to admit liability later.She decided to put in a claim to Boston county court and even went to such lengths as to get a barrister.I represented myself, ripped her to pieces with my constant barrage of questioning, ripped her barristers defending to pieces and won the case.It way back in about 1998 if i remember.She had to pay me £285.00 within 30 days.After 34 days, no money ,so I took out a warrant of execution, costing £50.00 at the time.3 days later,there was a cheque for £335.00 in the post for me.I stood my ground, did my homework, got a copy of the police accident report, got my 3 witnesses and won.unfortunately,i don't have any details as this was my very first case I took on myself.However,would it be possible to get the transcripts if i contacted Boston county court.......I have since gone on to have someone settle out of court in 2010, and have had a recent out of court settlement for nearly £800.00 from Quinn insurance.

 

Well done you......I do love it when justice prevails!

I do wish though that more people would take on these wrongdoers of society. The world would be such a better place and teach them that they cannot abuse the court system in order to demand "give us your money".

 

Unfortunately most people get scared when they get court papers thinking that there may be trouble ahead and just cough up, when in reality, with just a little homework and preparation the outcome can be victorious. Allaluya to that i say.

 

Transcripts are costly though, you wont get much change out of £200, (could be more), depending on the length of hearing and how many folios there are............Well worth it in my opinion.........Makes a fabulous read and keepsake.......... I have no regrets.

Edited August 16, 2013 by Liverpool way
spelling

[Liverpool way]

It hasn't damaged your work life or your relationship with your employer? Best of luck!

 

The NHS is a huge organisation and work life/relationship etc is of no matter here......No luck needed