CEL ANPR PCN PAPLOC now claimform - Morrisons, Butterfly Walk Car Park Denmark Hill Camberwell, London SE5 8RW***Claim Dismissed***

[FTMDave]

There must be a term in English that combines "doing superb detective work" with "lazing on the beach".

Anyway, Nick is right.  Para 28 - "... on 22 April 2019 and I can confirm that these were all in place on the date in question and remain in place to date".

[StoryBoard]

The claimants statement under clause 28 reads: 'The photographs provided were taken on 22 April 2019 and I can confirm that these were all in place on the date in question and remain in place to date. 

[Nicky Boy]

He's a little liar!

[Nicky Boy]

So alongside the photos having the same dodgy timestamp it brings into question all the claims about his so called,  "photographic evidence".

He should really be made to attend the hearing, but we know it won't happen.

Barrister, schmarrister!

[Gick]

15 hours ago, FTMDave said:

There must be a term in English that combines "doing superb detective work" with "lazing on the beach".

I think that the TV program 'Death in Paradise' sums it up! or on the Island of Saint Marie 'Mort au Paradis'

[StoryBoard]

Case dismissed.

I'll post up some reasoning later. Thanks all. You have all been tremendous.

[FTMDave]

Great news!

[AndyOrch]

Well done topic title amended.

 

Andy

[honeybee13]

That's great news, well done for persevering. I should think you're happy?

HB

[dx100uk]

[StoryBoard]

Ok, for you that want to know more detail.....

The judge kept things simple. And different to what I'd expected.

Claimant was represented by another company who have no affiliation to CEL (I introduced myself to them before the case and asked for their name). They indicated in Court that I had overstayed the time and were liable.

I then made comments on both my witness statement and the claimants, citing all the feedback from CAG.

The judge asked the Claimant representative about their witness statement. He asked if p35 was a list of registrations who had paid which was answered as yes. He referred to p31 where the Morrisons car park voucher was stated and crossed referenced p29 where it was written that I had paid for a ticket. He confirmed on a few occasions that the defendant had paid.

{The eyeopener}. The Judge then stated that there was nowhere in their WS where the amount paid was noted and referred to p35 where this could have possibly been shown. The WS report says the time is overstayed but without any supporting evidence of the actual payment.

He advised at this point to the Claimant that he had ruled on many car parking cases over his tenure.

The Claimants representative then advised that the Defendant should have produced a bank statement to show the actual payment charge. The Judge was quick to point out that the machine did not have a contactless pay facility and that payment was only by cash/coins. (he got there before me!)

They then said I should have paid for 2 hours at £4.50 not the £2 on the receipt, thereby identifying the cost being underpaid. When the judge asked for any comment from myself I referred to my photographs on p14 (actually theirs also condemns them) and stated that the wording shows that the Morrisons voucher was 'capped' at £2. I now believe he was looking at their old sign on p13 of their WS (which states exactly the same wording).

He noted that as the Claimant was not in the court (being represented only) they could not respond to any of his questions.

I have since realised that all the questions and clarification points the Judge had, were all raised through the Claimants WS. I do not believe that he referred to mine specifically. I assume this is more damning and he could make judgement on that alone.

After a short pause he dismissed the case. District Judge OmoRegie.

I left. Happy.

 

ps As the signs at Morrisons have now been fully changed (and appear better linked up - post #223) I don't think the same arguments can be used for others in a similar position going forward.

[jk2054]

did you get your £275 back for the application to reinstate your defence since you "won" your cases

[brassnecked]

Well done you That judge was bang on point with a surgical dissection of their WS he will have used your WS to ground his forensic examinationof their bull poop.

[FTMDave]

Thanks for your report back.

I didn't expect that either.  I expected that judgement would revolve around the fact that all the signs showed ABC instead of CEL.

Seems like you got an excellent judge who had read CEL's WS in detail and realised it was rubbish - and that was enough to chuck out the claim.

Well done the judge for making the Claimant suffer the consequences of not turning up in court as well.

[lookinforinfo]

I am really happy you got the result you wanted.

We never know what kind of Judge will look at your case so we have to cover all eventualities.

Your Judge concentrated on one aspect while another may have looked in a different direction.

Both ways should still have given you the same result.

 

[StoryBoard]

16 hours ago, jk2054 said:

did you get your £275 back for the application to reinstate your defence since you "won" your cases

I was so content when the Judge dismissed the claim I didn't think to enquire or ask. He didn't mention anything.

Reinstatement cost me about £108 but the countless hours and this claim hanging around for 3 years was far more concern.

Do you know if I officially get a written copy of the outcome from the Court? I'm looking to buy the picture frame as we speak!

Never been in a courtroom before so didn't know the drill.

[jk2054]

Yes you willl in around a weeks time I’d say

[AndyOrch]

14 minutes ago, jk2054 said:

Yes you willl in around a weeks time I’d say

Really ?  When was that introduced ?

 

Andy

[jk2054]

You've always been sent a paper copy of the order of a small claims hearing what do you mean when was it introduced?

[AndyOrch]

I've never seen or been aware of a Notice of Claim Dismissed or aware of a Defendant receiving one, the claimant possibly ......yes if the claim was struck out for none compliance by either party. 

Storyboard please upload and post here when in receipt then the forum will have its first since 2006.

[jk2054]

Yes they will be sent one by the court office.

The judges order will get typed up and sent to both parties. This normally takes 1-2 weeks

[AndyOrch]

Every days a school day  we await Storyboards Notice of Claim Dismissed ...even though its not the defendants claim.