**WON** Heath Parade NW9

[charitynjw]

[MENTION=5354]mystery1[/MENTION]

Hiya

A friend has received a LBC (PCM, I think, by way of Gladstones).
From some digging it would seem that Barnet council still haven't decided to take responsibility for this cash cow, though I haven't got the official sp on that.
He's fired off a response email, no mention of who the driver was, just generally disputing their legal right to a contract re cr@p signage, etc.
Just in case there is the unwelcome 'thump' of a court claim landing on his 'welcome' doormat, is there anything else he should be doing/knowing.

Cheers in anticipation!

[mystery1]

Re: Heath Parade NW9

Gathering signs, talking to landowner/occuppier etc.

As always replying via email to any letter before claim etc

M1

[charitynjw]

Re: Heath Parade NW9

http://www.barnetlabour.org.uk/labou...g_fines_issued

Labour secure result on poorly signed loading bay where estimated £1million in parking fines issued

POSTED BY BARNET LABOUR ON APRIL 11, 2017

[charitynjw]

Re: Heath Parade NW9

Hearing was today.
We won.

[Amethyst]

Re: Heath Parade NW9

Naturally.

Care to enlighten further?

[charitynjw]

Re: Heath Parade NW9

Naturally.

Care to enlighten further?

Lol!

It was touch & go, as we had the judge from hell.
He (judge) tried every which way to stop me from being a McKenzie friend....even asked the parking co's legal rep if they had any objections.....give the legal rep credit, he said no, no objection. He (judge) even asked if I was legally qualified, or if I was being paid.
Judge tried to get my friend to admit to being driver....my mate stuck to his guns & said that he was being pursued as registered keeper & got the legal rep to confirm as much.
My friend then argued defective Notice to Keeper re s9 Sch 4 PoFA.
Judge said that s9 only applied to car parks. (Absolute utter....billhooks!)
When we queried that statement ('cos s9 is about the NtK, regardless of whether it is a car park, private road, or any other relevant land), judgey said something like "I'm more qualified than you, so I'm right & you are wrong".

Long story short, when we proved beyond any doubt that the NtK was defective, judgey could not ignore the fact, so he (very reluctantly) had to dismiss the claim.

It was like being in the Headmaster's office, being told "I'm big & you're little.....you're lucky this time, but you won't get a second chance......"

Pretentious git doesn't come close to describing him.

[distress]

Re: Heath Parade NW9

Lol!
Long story short, when we proved beyond any doubt that the NtK was defective, judgey could not ignore the fact, so he (very reluctantly) had to dismiss the claim.

Proved beyond any doubt
How do you that please?

[mystery1]

Re: Heath Parade NW9

Lol!

It was touch & go, as we had the judge from hell.
He (judge) tried every which way to stop me from being a McKenzie friend....even asked the parking co's legal rep if they had any objections.....give the legal rep credit, he said no, no objection. He (judge) even asked if I was legally qualified, or if I was being paid.
Judge tried to get my friend to admit to being driver....my mate stuck to his guns & said that he was being pursued as registered keeper & got the legal rep to confirm as much.
My friend then argued defective Notice to Keeper re s9 Sch 4 PoFA.
Judge said that s9 only applied to car parks. (Absolute utter....billhooks!)
When we queried that statement ('cos s9 is about the NtK, regardless of whether it is a car park, private road, or any other relevant land), judgey said something like "I'm more qualified than you, so I'm right & you are wrong".

Long story short, when we proved beyond any doubt that the NtK was defective, judgey could not ignore the fact, so he (very reluctantly) had to dismiss the claim.

It was like being in the Headmaster's office, being told "I'm big & you're little.....you're lucky this time, but you won't get a second chance......"

Pretentious git doesn't come close to describing him.

Nice. Did you prefer to be a Mckenzie friend rather than a lay rep ?

M1

[charitynjw]

Re: Heath Parade NW9

Nice. Did you prefer to be a Mckenzie friend rather than a lay rep ?

M1

Hi M1

I'm sort of glad that I didn't go in as a lay rep....I reckon the judge would have used any reason to deny me audience (eg not allowed because it was the first thursday of the month, or because I was wearing 'Oxfords' & only 'Brogues' are allowed....the guy was making it up as he went along).
He basically said 'how dare you (upstarts) go into his fiefdom & do something as outrageous as quote the law!'.
He then said that we were extremely fortunate to have 'stumbled' across a technical defence which he was unable to ignore. He apologised to the parking co's legal rep but 'unfortunately his hands were tied, etc.....had it not been for that, he would not only have found in favour of the parking co, he would have awarded costs against us for unreasonably raising legal arguments'.
Think 'Judge Roy Bean'.....the Law West of the Pecos!

[mystery1]

Re: **WON** Heath Parade NW9

Such Judges should be removed. I hope a complaint is being made.

M1

[charitynjw]

Re: Heath Parade NW9

Proved beyond any doubt
How do you that please?

Hi distress

In this particular case, easy.
Having established that the parking co was pursuing the registered keeper, not the driver, one limb of the defence was that the Notice to Keeper was defective.
Even the parking co's legal rep, once it was pointed out, admitted that it was so.

[charitynjw]

Re: **WON** Heath Parade NW9

Such Judges should be removed. I hope a complaint is being made.

M1

Got to agree with you there.....either he did not have a clue, or he was doing the Miss Trunchbull "I'm smart, you're dumb, I'm big, you're little".
My money is on the latter.

My friend was phlegmatic.
As far as he was concerned, a win is a win, however it might have been achieved.
Mind you, he is a Luton fan............ the other side's own goal is a glorious victory, lol

[distress]

Re: Heath Parade NW9

Hi distress

In this particular case, easy.
Having established that the parking co was pursuing the registered keeper, not the driver, one limb of the defence was that the Notice to Keeper was defective.
Even the parking co's legal rep, once it was pointed out, admitted that it was so.

thank you.
I try not to receive many PCN on the car I own, but the many times I had seen them, I remember it said about "...do not ignore the fine, even you are not the driver ....pay now and you have discount of 50%, appeal and a lot of paper works and you lose you pay 100% " I must find a case in details to follow to see when this Notice of Keeper comes up...
But to be honest I am not sure I am about to lose my business due to 40% BR increase (this year with transitional relief still up from 890 to 1121 a month) and a request of 40% up in rent in this year ... not sure I will possess a car afterwards to care about PCN