Parking Control Management/Gladstones Court Claim

[TikiJnr]

Re: Parking Control Management/Gladstones Court Claim

I can't see anyone here for them it's the guy from the case yesterday going through the previous cases here in the last few weeks. All were dismissed or thrown straight out. You watch mine be a beeping drama and me lose!

[mystery1]

Re: Parking Control Management/Gladstones Court Claim

That's good news, means the judges in these courts are switched on. Hopefully you get one of these

M1

[TikiJnr]

Re: Parking Control Management/Gladstones Court Claim

One Gladstones asked to be reinstated I heard him say? No clue x

[mystery1]

Re: Parking Control Management/Gladstones Court Claim

Speak to someone and see if you can go watch whilst waiting. Let you see what to expect.

M1

[TikiJnr]

Re: Parking Control Management/Gladstones Court Claim

I've got to be in soon right? There only seems to be family cases left in here.

[mystery1]

Re: Parking Control Management/Gladstones Court Claim

Annoying, isn't it ?

M1

[TikiJnr]

Re: Parking Control Management/Gladstones Court Claim

I'm losing the will to live now!

[Amethyst]

Re: Parking Control Management/Gladstones Court Claim

Blimey you still waiting? Have you checked again with the grumpy usher ?

[mystery1]

Re: Parking Control Management/Gladstones Court Claim

I'm losing the will to live now!

As long as you're not lsoing the case

M1

[mystery1]

Re: Parking Control Management/Gladstones Court Claim

If you win and they are deemed unreasonable, you might have to try claiming for lunch at this rate !

M1

[TikiJnr]

Re: Parking Control Management/Gladstones Court Claim

I lost. The judge did not accept any of it. No cpr, no Denton no nothing. She allowed her shitty witness statement 2 to be accepted and then said it's not crucial evidence. Then said in her summing up that that document proved I knew about the parking charge and therefore meant the particulars were not important. She refused me permission to appeal. She said I can appeal to a circuit judge. I said yes I will. She said I handled myself well in law and asked if I was studying! I said no and she said maybe I should. She believed their signage was clear. Which again is ********. She ignored that I claimed their sign was forbidding. She did throw out their extra 50 quid. So what happens now? Did I do the right thing?

[TikiJnr]

Re: Parking Control Management/Gladstones Court Claim

Oh it was Philpot who represented them. Just her. Turned up with evidence not already in witness statements that again the judge allowed and then handed a photo of my car with a cross in a bay. The wrong bay. Again she allowed it. I asked her to prove the numbering and lettering on the bays with my car in it. She couldn't, the judge said on probability there was numbers! Despite there being none in mine or her photographs. She did then bring a piece of paper with a photo of tiny numbers on the ground. So tiny you can't see them in any other of the photos and I hand on heart never noticed them. I feel I got the wrong judge today.

- - - Updated - - -

She accepted I was not the driver,I really wasn't. But effectively said that was my problem.

[mystery1]

Re: Parking Control Management/Gladstones Court Claim

I'm off to work now so will look this weekend.

Sounds horrendous. Doesn't sound like you could've done more.

You need to decide pretty quickly whether to appeal or not. Sadly it's not cheap as you need a transcript and an application.

Gutted.

M1

[TikiJnr]

Re: Parking Control Management/Gladstones Court Claim

Oh god really. All the judge kept saying was I'm very aware of the time. She just kept saying none of it was relevant

- - - Updated - - -

She did say the particulars needed to be addressed in future and raised that with Crack pot herself x

[R0b]

Re: Parking Control Management/Gladstones Court Claim

Hi Tiki,

if you wanted to appeal the decision you have 21 days from the date of judgment. Fortunately, as this is a small claims case, you are not required to obtain a transcript of the initial hearing, so there are fees for appeals and that as far as I can see is £120. Even if you lose that case, the small claims costs rule still apply so they won't be able to recover any excessive legal fees.

The main grounds for appeal are:

An error of law;
An error of fact; or
An error of the court's discretion

In your case, an appeal may likely be based on an error of the court's discretion and and error of fact. The former is where the court has exercised direction (such as allowing evidence not contained in the witness statement or elsewhere) and the latter relates to the surrounding facts and circumstances and the weight the judge has attached to it. Clearly the judge could have erred when it was clear on the photographs of yours and theirs you say that it is more probable that there was numbers. Granted if there were some numbers on the bays but not others there's a probability but if there is none or the numbers are so so small you wouldn't think they formed part of the bay then the judge may have attached too much weight to that argument when making his/her decision.

There is also the argument that the decision was unjust because of an irregularity in the trial and one of those reasons again could have been the way the judge dealt with the evidence.

That's a very short hand explanation of appeals but if you didn't ask for permission you need to apply to the court and request permission to appeal. Appeals are not as straight forward as issung and defending small claims because you need to have specific grounds and explain why the judge was wrong in the decision.

You can however, also request a transcript at the public expense if the burden of the cost is excessive and affordable, the court will only allow it in exceptional circumstances but also whether there are reasonable grounds for appeal.