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shamrocker

Cross Keys Pub Swansea - MPS windscreen ticket

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Posted (edited)

Just posting this for the benefit of others - and a bit of a success story that we all love to hear from these cases.

 

I'd been helping someone who was ticketed on a poorly signed private parking "PERMIT HOLDERS ONLY" area at the rear of the Cross Keys Pub in Swansea (a well known local venue) by my favourite parking [mis]management company. All correspondence was ignored, including the Letter of Claim - but a claim form duly arrived and the defendant was slightly panicked (as many are). They eventually won the case a few weeks back.

 

I helped with the initial defence and CPR request. Gladstones responded to the CPR request, along with a F&F settlement offer, which was ignored. The documentation received was useful, as it gave me some insight into the cards MPS were holding. The NOK was not POFA compliant and the agreement with the land owner/occupier wasn't watertight (was dated a couple of years prior to the event, and had a term that said it would be reviewed annually - possible angle to attack). This was on top of the forbidding signage and likely lack of planning permission.

 

I drafted up a witness statement for the defendant, along the usual lines. Surprisingly, Gladstones served their witness statement early. They included a different agreement with the landowner to the one provided earlier ... but this one was dated AFTER the date they issued the ticket! I thought it was best not to draw attention to it, so simply laid out the case for the claimant being required to have authority etc - I quoted POFA and the IPC CoP. The plan was to pin them on this at the hearing - in addition to the usual other arguments.

 

On the day of the hearing, the nervous defendant goes to the wrong court (went to the crown court), so ends up arriving late at the correct court, but had phoned in advance to let them know. The hearing went ahead without any further drama. The lady judge didn't hang about with stating that the claim would have to be dismissed due to the lack of authority. The claimant's representative got a bit flustered and offered to call the claimant to clarify. This was refused and the judge mentioned something about "you're not qualified to give evidence" - I'm not sure what this was about...perhaps alluding to the fact they weren't a qualified solicitor?

 

All told, it lasted no more than five minutes and the defendant didn't have to say a word. Sadly, they hadn't prepared anything to ask for costs, although the judge did comment "you don't appear to be requesting costs" - the defendant was just happy to have the ordeal over with and get out the door.

Edited by shamrocker
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as they used to say in the RAF, any crash you can walk away from counts as a good landing.

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