Was I in breach of the parking rules? Options

[HenryHippo]

Hi Everyone,

Dec 2016 the driver opted to park in the road outside a chargeable car park (no double yellows or anything).

There was a sign saying anyone who parks on the verge will be fined. There was plenty of space in the road, so the driver parked in the road.

Only for the owner to get a ticket through the post from District Enforcement (A PCN)

The owner ignored them for a while and now got the threatening "Notice of impending court action" by recorded delivery

Does the owner and driver have a leg to stand on if this goes to court? The driver maintains that they are parked in the road and not on the (grass) verge







EDIT: In January the owner sent them an email explaining that the driver was parked on the layby not the verge, with pictures supporting this. The owner got the below letter from them on 10th Feb



This post has been edited by HenryHippo: Fri, 17 Mar 2017 - 14:05

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[The Rookie]

Good Luck!

[HenryHippo]

Good news is their claim was dismissed

Bad news is so was my counterclaim

I had to use as an advocate as I couldn't make it... waiting for their report

[Jlc]

Good news is their claim was dismissed

Bad news is so was my counterclaim

I had to use as an advocate as I couldn't make it... waiting for their report

Well that's a 'result'. Costs?

[HenryHippo]

Good news is their claim was dismissed

Bad news is so was my counterclaim

I had to use as an advocate as I couldn't make it... waiting for their report

Well that's a 'result'. Costs?

I didn't attend so I couldn't claim lost wages

I didn't apply for unreasonable costs on this one

What costs could I have claimed?

[SchoolRunMum]

The costs of your advocate can't have been cheap.

[HenryHippo]

The costs of your advocate can't have been cheap.

No it wasn't. But in small claims court I understood that you can't reclaim representation costs?

[SchoolRunMum]

Did the rep even try to argue for costs, if not why not? That's what you paid them to do!

How did they lose the counter-claim?

[HenryHippo]

Did the rep even try to argue for costs, if not why not? That's what you paid them to do!

How did they lose the counter-claim?

I don't know yet. I just got an automated email from the Advocate's employer on Friday evening telling me the below.

I will wait for the advocates report and let you know the details

The Judge ordered:

1. Claim dismissed

2. Counterclaim dismissed.

Advocates Report to follow

[HenryHippo]

Court Report arrived

It seems that the advocate had no problem persuading the judge to dismiss the claim.

However the counterclaim was dismissed as there was no medical evidence of stress and because I wasn't available to question about the stress.

In my other case, the judge never asked for medical proof, but after asking me, he was satisfied that I had experienced stress.

The advocate hasn't mentioned if she was able to claim any costs though. Should I follow up with her on this, or is there absolutely no point?


Page 1: https://www.dropbox.com/s/xa4b77egx9fsd6w/C...re%201.PNG?dl=0
Page 2: https://www.dropbox.com/s/980au514uzjfkdu/C...re%202.PNG?dl=0

[SchoolRunMum]

I would certainly ask what was the order about costs?

She appears not to have understood 'not relevant land' at all.

Did you ever get the transcript of your first successful counterclaim case? It would be really useful if that was placed in the public domain for other newbies to use for their cases - either bargepole or the Parking Prankster can make it available to others.

[HenryHippo]

I would certainly ask what was the order about costs?

She appears not to have understood 'not relevant land' at all.

Did you ever get the transcript of your first successful counterclaim case? It would be really useful if that was placed in the public domain for other newbies to use for their cases - either bargepole or the Parking Prankster can make it available to others.

OK, will ask that now. The costs I applied for in the original pack I sent in Nov 17 were: earnings (£95), parking + petrol (~£10). But given I didn't attend, neither can be paid, and I can't claim the advocate costs right?

Yes, funny you say that. The day before the case, I asked if she understood the defence, and the only bit she got was the car not being on the verge. I walked her through non relevant land, but for whatever reason she didn't mention it in court.

No still waiting for that.. complete joke. As soon as the dust settles there (i.e. the final amount I owe for the transcript), I can post the transcript online, donate the net proceeds and wash my hands of the whole thing!

[Redivi]

Can't see much chance of nett proceeds

A perfect demonstration, as if it were needed, that the average solicitor has no understanding of the private parking industry and is next to useless defending the cases

[emanresu]

A perfect demonstration, as if it were needed, that the average solicitor has no understanding of the private parking industry and is next to useless defending the cases

Suspect from the comment on this page they are not using solicitors but "agents". Cheap, cheerful (except the ones I've met) and local.

http://www.ashleytaylors.co.uk/court-advocacy

OP's and those who take fright at going to court might want to bookmark their page as they appear to understand property law which is a plus.

This post has been edited by emanresu: Tue, 26 Jun 2018 - 16:35

[Redivi]

OP might have been fortunate

As advised on many occasions, agents don't always have right of audience
If there had been a successful challenge, he might have lost the claim as well

[HenryHippo]

they weren't that cheap!

considering they didn't even write the defence and weren't paid in accordance to their performance, it was very easy money for them