Cpm/BW windscreen pcns - BW PAP LOC Now Claimform - (residential car park) The citrus Building, Maderia road, Bournemouth ***Claim Dismissed with Costs** now another PAPLOC for another same place ticket ***Dismissed again with costs***

[harni]

it does almost seem personal doesn’t it!

 

last time it was myself, the judge and a solicitor representing them who had absolutely no clue about the case. The judge did not look favourably at all on her nor her attitude. 

Edited November 17, 2022 by dx100uk
unnecessary previous post quote removed

[brassnecked]

The previous win should help, and is there a way to introduce some degree of the claim being vexatious and a knee jerk revenge?

[FTMDave]

That's excellent news that they weren't there the last time.  If they'd shown up they would have learnt what went wrong and how to prepare better this time.  But they won't have a clue

 

Had they turned up they would also have saved money and had a better chance of winning given they actually knew about the case.  But their attitude is typical of these sorts of idiots: they were backed by a trade association and a solicitor!!  Scary!!!  You were just an oik on your own so they were bound to win.

 

Wooooops!

[lookinforinfo]

Harni on Wednesday you said BW had written to you and had included a new sign about double parking.

Were you double parked? And even if you were, unless they have planning permission from the Council it shouldn't count.

It would help if you could post up the letter from BW.

[harni]

13 hours ago, lookinforinfo said:

Harni on Wednesday you said BW had written to you and had included a new sign about double parking.

Were you double parked? And even if you were, unless they have planning permission from the Council it shouldn't count.

It would help if you could post up the letter from BW.

yes they had and yes I was double parked. Do bear in mind this is a private car park (the flats I used to live in) and not public however I assume you mention council permission because they would need that for the signage even on private property?

 

I’ll post up the letter when I’m home later

[AndyOrch]

Topic open

[harni]

Thanks for reopening

 

A bit of an update,

 

today is the day that CPM and myself should be submitting their evidence as well as CPM paying their fees.

 

I’ve checked with the court and they have paid their fees however have not submitted their evidence.

 

I appreciate they have until 4pm today to do so however it’s unlikely they will (I’ll check tomorrow). If they don’t, is that a good enough reason to request the case is struck out?

[FTMDave]

Unfortunately not.  It'll be up to the judge on the day to decide whether to accept late evidence or not.

 

What about you?  Is your WS ready?

[harni]

Thanks Dave, so they submitted theirs by email, 2 hours before the deadline. Thankfully I suspected this may be the case so held off submitting mine and added some bits based on theirs. 
 

whilst I’d rather avoid court at all costs, hopefully I’ll be successful with this. You may remember in the original case they were claiming for double parking and they have also claimed for this this time. Thankfully in their own evidence pack submitted today, they have provided evidence of one of the signs that does not forbid double parking!

[FTMDave]

5 hours ago, harni said:

Thankfully in their own evidence pack submitted today, they have provided evidence of one of the signs that does not forbid double parking!

LOL

 

So at the hearing you refer to your previous victory and call it a "persuasive case".  The judge does not have to follow what the previous judge decided, but hey, it would be the easiest thing to do for him/her.

 

Have you got a court date yet?

 

The irony is that if the fleecers had taken charge of their own case, they might have beaten you.  They could have shown the difference between the signage in their old case against you and all their efforts to improve it before the new case.  But instead they've gone running to BW Legal to "professionally" represent them who have messed up at the first hurdle!!!

[harni]

Whilst I wasn’t massively concerned about defending my case, it was like a golden ticket finding that for me! 
 

yes, court date is set for December 15th and CPM will not be attending. Instead they will be sending one of BWs representatives as expected. 
I expect it will be a failure on their behalf but never want to get too comfortable just yet!

Edited November 18, 2022 by dx100uk
unnecessary previous post quote removed

[Nicky Boy]

Harni,

 

You said... "so they submitted theirs by email, 2 hours before the deadline".

 

Does that mean they submitted to YOU by email?

 

If so, you really shouldn't be allowing them to communicate with you by email...

[FTMDave]

6 hours ago, harni said:

I expect it will be a failure on their behalf but never want to get too comfortable just yet!

Damn right.  Always best to over-prepare than the opposite.  Never get complacent.

[harni]

7 hours ago, Nicky Boy said:

Harni,

 

You said... "so they submitted theirs by email, 2 hours before the deadline".

 

Does that mean they submitted to YOU by email?

 

If so, you really shouldn't be allowing them to communicate with you by email...

correct they did. I need to go back through my records but I’m confident I have not given them permission to communicate with me via email

[Nicky Boy]

So guys,

Is there some way Harni can use the fact that the claimant "hasn't sent" witness statement and evidence?

[harni]

Just had the hearing. Case dismissed (again!) with costs awarded to me. 
the claimants solicitor got to the point or arguing stupid points like “it doesn’t matter if the signage differs, you should check all signs on site”!

 

nice bottle of red on them tomorrow night me thinks (again!)

 

thanks everyone for their help. Much appreciated!

[FTMDave]

Well done on your victory! 

 

Again!!!

[FTMDave]

Do we get to add this thread to the PPC Successes thread a second time? 

[harni]

3 minutes ago, FTMDave said:

Do we get to add this thread to the PPC Successes thread a second time? 

Do I win a prize for the most drawn out case going 

[lookinforinfo]

Well done again Harni. Do you think they will go for a third time?

Time to upgrade to a bottle of 10 year old single malt Scotch. The "water of life" is much better for you providing you don't drink it all in one night.

[harni]

Just now, lookinforinfo said:

Well done again Harni. Do you think they will go for a third time?

Time to upgrade to a bottle of 10 year old single malt Scotch. The "water of life" is much better for you providing you don't drink it all in one night.

I don’t think I have any left with them that they could take me to court for. I’m sure it was only 4 tickets in total, 3 the first time around and 1 today. Both judges have denied their request to appeal the decision so I think this is the end of these comedy antics I’m afraid. 
 

In all seriousness though, it’s been fun! I can’t believe these guys (parking companies in general) make a living this way but all the time I can have fun with it, I will!

[brassnecked]

Well done again, hope they have learned not to be so stupid in future.  Some hope there sadly.

[FTMDave]

Their stupidity and arrogance will remain, but hopefully the gigantean crevasse that Harni will have made in their wallet with costs and with all their payments to parasites like BW Legal et al - twice! - might make them think twice about rushing to court in future.

 

If I were Harni I would be tempted to write to them to point out (a) Harni's 100% court victory record and (b) their solicitors' 100% court defeat record and offer to represent them in future court cases.

 

Well, actually I wouldn't be tempted, I'd do it, but then I'm a bloody-minded gloating git

 

Well done Harni yet again!  4-0 then!  Enjoy the red!