Parking Eye court paperes received - ** WON **

[armadillo71]

Sir or Madam is how you address a district Judge

 

Be organised - get a lever arch file and have everything filed properly that you can easily get to during the hearing.

 

Have copies of all your letters sent to PE, staple the Post Office proof of posting to it.Put in a skeleton defence.

 

Make sure you have full transcripts of any judgements you wish to present in your 'bundle'

 

Make sure your bundle is lodged with both the court and PE in plenty of time.

 

If you refer to them in you skeleton defence (which you should) - make sure you reference the page number and paragraph number of the point of law you are using.

 

Do NOT try to use complex legal terms or references, you will get more sympathy from the judge if you present yourself as a capable 'lay person'. Certainly do not argue complex legal points you do not understand.

 

EVERYTHING you want to rely on for your defence MUST be submitted in your bundle to both the court and PE in sufficient time - otherwise you could find it not being allowed on the day.

 

BE NICE to the LPC law person - they are NOT the enemy, Parking Eye are. If you are nice to them, you may just find that they are nice back.

 

"The Law is like a chainsaw - In expert hands it is a useful tool, but in untrained hands it can cut your legs off".- so take heed!

 

Try to have someone with you (even if it is a friend for moral support)

 

Have a schedule of costs ready (loss of earnings, travel costs) for when you win

 

 

Arrive at court

Book in with the clerk

Introductions to the LPC law person

In to the judge

Judge outlines procedure and admin, etcOpening statements

- First from PE, then from you

- simply state "I rely on my skeleton argument sir/madam"

Submissions from PE (More lengthy discussions around the "evidence") then submissions from you (during PE's submissions, listen and make notes as to where you can de-bunk their claim from YOUR evidence/submissions)

Possible adjournment for a period whilst judge decides.

Summing up from judge and judgement is announced.

If you win - Ask for costs (with your prepared sheet)

 

 

My knowledge and experience is all about NOT getting to court I'm afraid.

I have no personal experience of the small claims court.

 

The above may be of some help to you, which I have sourced elsewhere.

 

The LPC legal rep may try to hand you some files that they wish to use in the court, but I believe you should refuse to accept them as protocol has not been followed.

 

Also you will know much more about the case than them as they will probably have only seen the bundles the previous day, if that.

 

Good luck.

[synth]

:whoo:GREAT NEWS WE WON!!!

Spoke at length beforehand to PE advocate and showed them that hotel had closed down on the morning, they were not happy but called PE before the case was heard and PE wanted it to go ahead, advocate tried to get new evidence turfed out as inadmissable because it was out of time for submission but Madam Judge accepted it was very relevant to case.

Advocate was very firm on PEs behalf but reluctantly accepted Judges decision to allow the evidence.

Judge said PE's signage and charge of £100 was reasonable but dismissed the witness statement from the new hotel owners as not being relevant as they werent the owners at the time, Judge also was mildly unhappy that they had not produced a contract to prove that they were able to bring a claim, as the Judge summed up it seemed that things were going PEs way but she said on balance that PE didnt prove that they had the right to bring the claim with the news that the hotel had closed down that morning it should be dismissed and found in my daughters favour.

 

Advocate went from being friendly to angry to pleasant at the beginning, during and at the end of the hearing.

 

All in all a good result but a close one I think.

A BIG THANK YOU TO ALL WHO HAVE HELPED ON HERE XXXX

[Ell-enn]

Congratulations on your win - that's great news. But - how on earth can the judge think £100 charge is reasonable?????

[JoeyJoeC]

Have been waiting eagerly for weeks to hear this. Well done!

[armadillo71]

Superb... well done!

 

 

:dance:

[synth]

:clap2:Big thanks again to all

Judge was influenced by a couple of cases the advocate quoted re signs and the £100 and she also read some of the cases we quoted from pprankster even though advocate got that bit chucked out. Advocate was angry and wanted to know where we had got case details from (we didnt tell!)

 

On the whole advocate was very good and we had a no hard feelings moment after the hearing she also said after case that PE pay over twice the amount claimed to her to represent them.

SYNTH XXXXXX To all of you

[honeybee13]

Hello, that's great news, well done from me too. Thank you for coming back to tell us, I've amended your thread title.

 

HB

[synth]

:-):-)I have just sent a donation to the site ,:-)

Once again I would like to thank you all for taking the time to help, being partially sighted it has been hard at times to see some of the iformation if i was not on my own computer and it has been very hard reeding through all the PE monster pack they sent to court.

Going to get a lovely cup of tea now to celebrate XXX XXX

[f16]

SYNTH

 

Good for you. ...... Well done

[DBC]

Could you tell us which courtroom this was please.

[D P Dance]

I have a distinctly uneasy feeling about this. I feel that the appellant has had a very rough deal here and deserves far higher compensation than she was awarded.

 

I know that many, when faced with a court summons are terrified, and just want it to go away, but really, this is not on.

 

Out of the blue a person receives court papers for a PCN about which they were entirely unaware, the claimant refuses to provide details, does not attend court, produces invalid docs, and their legal representative roughs up the appellant.

 

Do they not have any comeback? Are they not entitled to compensation? Do they have to use the small claims track?

 

Of course, without a transcript, we do not know what took place in court, but from what we do know, it appears that justice has not been done, and PE got off very lightly.

[armadillo71]

The Prankster has blogged about it:

 

 

http://parking-prankster.blogspot.co.uk/2014/08/parkingeye-spanked-in-court-judge-sees.html?m=1

[DBC]

What's more PE more or less called the motorist a liar by telling them they were wrong about the actual date of the parking event ' That's not very nice is it?

[synth]

It was at Stafford Crown Court no. A0JD0514

Thanks to you all

Synth