** WON ** Default CCJ - Help!

[charitynjw]

https://www.bailii.org/ew/cases/EWCA/Civ/2001/2011.html

[ntg142]

Thanks. I have also point in my defence about the managing agents authority to sign a contract (which they have evidenced) on behalf of the freeholder of the land for the PPC to operate.

I've seen another post that states there are CPRs that say that the claimant has to prove the chain of authority for them to operate? Is that true and can anyone point me towards this at all? many thanks

[ntg142]

Hi all,

just to let the forum know I won my case and had costs paid. Thanks to posters. This case can be moved to cases settled - not sure how that happens?

Happy to provide a court report etc if useful to do?

ostell charitynjw

[charitynjw]

Hi all,

just to let the forum know I won my case and had costs paid. Thanks to posters. This case can be moved to cases settled - not sure how that happens?

Happy to provide a court report etc if useful to do?

ostell charitynjw

Yes please!

& well done!

[ntg142]

Court Report:

Court: Clerkenwell & Shoreditch CC
Judge: unfortunately didn't take her name (relatively young)

Pre-trial

I don't live too far from the court house - due to delays on the hammersmith/city line I found myself running across central london to get to the court on time (just by 5 mins) so I wasn't in the greatest state on arrival.

Luckily the hearing ended up being delayed by 20 mins which allowed me some composure time. The rep that turned up for the claimant seemed reasonably professional and was respectful to me (which I know they are not always) - I didn't ask for his details as I wasn't going to challenge ROA. The usher told me he was there everyday.

The Hearing

The judge sat us down, went through the usual brief. The rep started making the claimants case and it was around 30secs into his submission that my confidence rose. He seemed to realise (as he was reading gladstones copy&paste witness statement) that it was a pile of manure. He was just making assertions such as 'the defendant was parked in a restricted area contray to the signage' -- no real points in law.

The judge soon got bored and started challenging some of the rubbish evidence Gladstones had exhibited. The judge then raised a point of my defence i..e the signage was forbidding/no offer to park and they then had a protracted argument about contract law - it was at this point I thought 'ah good, hopefully I can be in the pub by 11'; however this judge wanted to examine all my evidence/arguments....

I submitted that they had exhibited a one-page agreement with a managing agent that authorised the claimant to operate on the land - I challenged their evidence as they had shown no contract with the landowner or evidenced a proper chain of authority for the managing agent to act on behalf of landowner.

I then argued that as I was unloading the terms of the lease gave me the rights to pass with or without a vehicle and that I had a right under statue to peaceful enjoyment of my property. I argued I was going about legitimate residents business and that common-sense would suggest that this is so.

I then argued about no offer in the signage - read some points from case law like pcm vs bull.

The judge then thanked us (hadn't quite got all my points across) adjourned to read the case law I had exhibited.

Judgement

The judge then called us back in. She found in my favour citing that my argument around primacy of contract - lease giving resident peaceful enjoyment of the property trumped any signage which is 'primarily' (lol) intended to deter non-residents. She said if she was considering signage then she was convinced that there was no offer to park and the case law supported this judgement. She said that she was satisfied that the managing agent had sufficient authority to contract out parking services to claimant however.

Costs

The rep was visibly miffed at this point. I had submitted a costs schedule which the judge went through. The rep tried to argue my lost wages down to half a day - I agreed on the basis that was still £95 haha. I got transport - but she wouldn't pay my original set-aside fee or unreasonable costs.

The rep then asked to appeal - he disputed the primacy of contract point as I was 'clearly' parked for 15 mins, and also appealed over the T&Cs offering nothing. The judge did not give leave to appeal - however did say something like: this will still go to a circuit judge and if you are given permission to appeal it may make a good test case for you (he was arguing earlier on about there being no precedent in residential parking around forbidding signage and breach of contract etc)

[charitynjw]

Brilliant!

Who was Gladrag's rep?

& re them appealing........where's the 'flying pig' smilie?

[ntg142]

It felt like he was appealing as a matter of course ie I imagine they are instructed to always appeal if they loose? The judge casually dismissed his points anyway - I’m not sure they would want to go to higher court to basically argue against the solid principles of contract law lol

I’m obviously an average joe and never been to court before apart from a set aside hearing - so I was a bit nervous and thinking solely about my arguments so I didn’t take much in like what the reps name was etc

all I can say was he was middle aged white man - well-groomed - seemed professional and courteous enough - the court usher said he was there everyday.

reading other people’s accounts I can see sometimes the reps come across as incompetent - this rep seemed to know his stuff and I couldn’t describe him as that - he didn’t loose because of his advocacy but because Gladstone’s WS was embarrassing and I certainly sensed he was embarrassed by it too.

[ntg142]

This is actually my second win - they discontinued just before a hearing after trying to negotiate with me.

this time there was no attempted negotiation just a straight loss for them.

unfortuanltey I have a couple more tickets from like three years ago parked in my space - I think one clearly shows the permit in the photo lol.

i think if there’s a next time I will be looking to see what options/permissible to sue them for vexatious claim - pursuing the same thing again and again.

Fingers crossed I hear no more because although I got some costs it doesn’t come near to the time I have to spend defending the claim - something I guess they know...

[charitynjw]

Sounds like the same guy Gladrags sent to a friend's case (I was a McKenzie Friend).

He came up to us before the hearing & told us that he never loses these types of case.
(Not nastily; in fact he was well-spoken & as you say, well dressed)

His face was a picture when he did lose, though!

[ntg142]

At clerkenwell?

The rep said the same to me too before we started so might be the same guy

I did say there’s a first for everything before a nervous laugh lol

and yes... it did go a bit red when he lost

[charitynjw]

High Wycombe CC

[ntg142]

We seek him here... we seek him there
Those legal beagles seek him everywhere
is he in St Albans or Clarkenwell?
that damned elusive, well-groomed scarett ... solicitor?

[charitynjw]

We seek him here... we seek him there
Those legal beagles seek him everywhere
is he in St Albans or Clarkenwell?
that damned elusive, well-groomed scarett ... solicitor?

Triffic!

Cushty!

Lovely jubbly!