HXCPM/Gladstones vanishing Windscreen PCN claimform - Flipped Ticket - St Georges Car Park, Fitzwilliam St, Huddersfield ***Claim Dismissed***

[brassnecked]

If pics are on website grab them before they take them down.

[brassnecked]

That was as expected though.

[brassnecked]

A ticket was displayed so if no "express" written condition on signage as to it's orientation on a dash or windsscreen they are knackered, you paid end of.

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Oh if only Gladdys could be caught on Champerty & Maintenance. Thry always seem to advise the PPC to do court, but get paid win lose or withdraw.

[brassnecked]

Looks OK, the regulars will no doubt have a look and comment then you should be good to go.

[brassnecked]

You want a Hearing, that email is the usual Gladdys trick to engineer a Default Judgment by getting the victim(defendant) to agree to let their dodgy POC and fictional WS be unchallenged at a hearing.

[brassnecked]

If you did give out e,mail block it  and send them a letter stating you do not accept Legal Documents via email,  date it and keep a copy. as they like to send stuff at 11:59 pm the day before court and claim you had the info requested.

[brassnecked]

Other thing is that point 8

 

"8. Notwithstanding the above, the Criminal Case of Elliott v Loake 1983 Crim LR 36 held that the
Registered Keeper of a vehicle may be presumed to have been the driver unless they sufficiently
rebut this presumption. The Court is therefore invited to conclude it more likely than not that
the Registered Keeper (i.e. the Defendant) was the driver."

 

He has shot himself in the foot trying to use Elliott v Loake as a belt and braces to prove keeper is Driver.  It's criminal, so not applicable in a Civil claim, that is explored on prankster's blog where it has been disregarded by the judge, as in a Criminal case there is a duty and a penalty if keeper doesn't name the driver, no such obligation in a Civil case.

https://parking-prankster.blogspot.com/search?q=elliott+v+loake

 

Other point is if Gladdys use the usual, the matter is simple so proposes an "On The Papers" hearing, insist on a court appearence as on the papers is an easy default for them as they don't want anything dodgy, like a de minimus upside down ticket displayed, proving no actual loss being aired.

[brassnecked]

Mitigation is used as a plea for leniency, how can you mitigate something you have not done wrong?  I wouldn't use it as a term in a WS as it might give the judge ideas that you are admitting to something.

[brassnecked]

Personally I would avoid the term in any legal submission, as it is construed differently in Law than it's use in IT or business, or H & S as in mitigating risk.  It is used as a means to reduce a sentence in a guilty plea, say for speeding at 35 in a 30 as you were rushing someone to hospital about to give birth etc.   A judge may see it in the legal context, not how we would understand it  in IT or business.   In a legal context someone who is found guilty or admitted guilt would use mitigating circumstances to try to get a reduced sentence.

 

I would await ericsbrother's comments as he will be able to put a good realistic perspective on it.

[brassnecked]

Almost there, but again the use of Mitigation at 2.9.1 is harmful, to your case imho, others may well add thoughts

 

"2.9.1 The mitigating circumstances outlined in this complaint were dismissed out of hand, and
the Claimant insisted the PCN was [in their opinion] issued correctly and fairly."

 

The fact the ticket although flipped was seen in the pics by the operator.  You had paid, the position of the ticket is de-minmis and irrelevant a  claim of mitigation is admitting to a breach of their cockamamy alleged T & Cs, you cannot mitigate lack of guilt,  that is how a judge might see it in the legal context, and take it as admission of breaching their T & Cs.

Others may have  further thoughts. as that is my view, I wouldn't use  any reference to a mitigation in a WS.  Could do with ericsbrother's input before final edit.

[brassnecked]

Excellent, looks like one judge has come to the end of their rope with Gladdy's.