KBT Cornwall/Armtrac/BW PCN claimform

[dx100uk]

quick notes..more later

 

as much as I like the 1st line pers I would not put the debunked stuff ...just the std WS line

 

you need to tidy up 1, be clear that the parking is shared and managed by the claimant and the hotel? it reads wrong.

 

i would drop 8, it reads you are agreeing you can be charged an amount, just that £100 is above the £85.. you don't even owe the £85 beavis does not apply here IMHO

 

9. the claimant does not own the land ..several times your ref to this in 9....they manage the parking on behalf of the owner [if this is even true !! is the contract valid and paid for this year..where the evidence in their ws?]]

 

11. be clear this was a windscreen ticket so its 29-56 days for the NTK. not 14 days [it was not an ANPR capture] so you might want to drop 11 totally

[0james0]

Excellent advice, thank you all so much. 

 

I will leave making the edits for a short while, just in case any more helpful information is given in this forum, then I will amend and upload the better version for you all to review. 

 

I cannot thank you enough for your help, I really do hope that I win the case and I would love if someone else could then one day use this thread and case as a basis for their defence against these parking pirates. 

[0james0]

I lost in court, was a waste of a journey, really disappointed with the judge and the way he went about things.

I barely had the chance to speak, when I did the opposition interrupted me, when they spoke their lies, if I said anything I was scolded. It was an absolute joke. 

 

The judge looked through their evidence and decided that they did not need evidence of where my car was parked to win the case, so the fact they only had a handful of pictures of my car in complete darkness, where you could bearly make out the car did not matter. 

 

Nor did the fact it was actually a trespass case and they had no right to even take me to court. 

 

Nor did the fact that I had admitted being the driver of the car a long time ago, yet they were still actually taking my company to court, not me the driver, who should be liable for the charge. 

 

It was as if the judge could not be bothered, was already friendly with the claimant legal person and the law and proof and facts did not make any difference to the case, which just makes a mockery of the whole justice system. 

 

Basically private car parking firms can do what they like it seems and the public just have to sit back and feed the greedy and non-law abiding firms that run them.

[dx100uk]

no you just suffered judge lottery sadly then

as you quickly guessed

nothing you could do or say made any odds.

 

they probably play golf together or he gets free holidays there 

[0james0]

I've tried not to be bitter about it, but it really felt like they were law buddies and the case was decided before I even went in the room. 

 

It was a real shame, as the BW legal chap had not received my witness statement prior to our initial meeting, after I gave him a hard copy, you could hear him ranting and raving to his colleagues and the firm he was representing asking for better evidence, he read the statement while I was in the room and he was clearly squirming in his seat and after his whole manner seemed like he was fighting a losing case. 

 

That got my hopes up, only to have them quickly dashed by a judge who cares not for upholding the law and the rules he is sworn to follow, just wanted the case in and out so he could move on with his day. 

 

I even asked at the end what my options were for overturning the decision, as I was certain he made an error in law and had he took the time to look at my evidence, would have seen what laws I was referring to, to which he told me that he would deny any request I made for an appeal of the decision. Judge, jury and executioner.  

[honeybee13]

I'm really sorry to hear that, James. Sometimes the judge lottery isn't fair.

 

HB

[ericsbrother]

what appears to happen is that a judge makes a decision in one case and when you turn up at another with a decent defence and evidence that you are right it makes their previous determinations very shaky so they dont look at your evidence but use their previous case  bias to come to a conclusion.

 

there are also a coiple of judges who seem to think that as someone has put in a claim for money then it must be owed by someone. I have seen bias against people based on their occupation so a market trader will get short shrift but a company director will be listened to even if that company is a one man band doing market trading! You also see judges make decisions that disbey the laws of physics because case law decided 200 years ago didnt rely on science so they ignore the advances made since then.

 

Look on the bright side, you paid out the same as you would have paid anyway and put them to a lot of trouble. If everyone did that they would go bust as they couldnt afford the litigation cost and time