Author Topic: Hearing set for parking charge by car park management services LTD  (Read 9025 times)

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Re: Hearing set for parking charge by car park management services LTD
« Reply #30 on: »
I am self employed so what proof would I need to provide to claim?
The time to ask would have been after the judge made clear their claim had failed - apologies, I completely forgot to mention this when advising on the hearing.
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Re: Hearing set for parking charge by car park management services LTD
« Reply #31 on: »
I am self employed so what proof would I need to provide to claim?
The time to ask would have been after the judge made clear their claim had failed - apologies, I completely forgot to mention this when advising on the hearing.

In this particular case as the witness statement was drafted by a paralegal couldn't the OP use the Mazur argument?
Wouldn't that dismiss the case entirely? (Sorry if that sounds as a noob)

Re: Hearing set for parking charge by car park management services LTD
« Reply #32 on: »
The claim has been dismissed, the OP has won. No need to get into a technical discussion about Mazur if the judge agrees that the claimant has not proven their claim.
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Re: Hearing set for parking charge by car park management services LTD
« Reply #33 on: »
For me, this case clearly illustrates a number of 'simple things';

1) No need for a massive 18 page Witness Statement when one or two pages will do - each point clearly and concisely set out and presented in a manner which makes very easy reading for the Judge in the short period of time running up to the hearing.

2) Paralegals clearly lack the skill and application when presenting evidence in Court documents - in this instance so many doors were left open - it was only a matter of time before the Judge seized upon one of them.

3) In this particular case, the input of the group presented the Judge with at least five or six reasons to kick the claim into touch - in my opinion, the Judge simply chose the non-evidence of signage / vehicle position as he or she felt it was easiest to demonstrate and therefore the best method to wrap the hearing up quickly and efficiently.



Well done.
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Re: Hearing set for parking charge by car park management services LTD
« Reply #34 on: »
1) No need for a massive 18 page Witness Statement when one or two pages will do - each point clearly and concisely set out and presented in a manner which makes very easy reading for the Judge in the short period of time running up to the hearing.
This is true of most correspondence, but I particularly agree when it comes to court. With how many cases there are in the County Court, it's best to work on the assumption that the judge will (at best) have skim-read any submissions. On that basis, make something that's easy to skim.
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Re: Hearing set for parking charge by car park management services LTD
« Reply #35 on: »
The claim has been dismissed, the OP has won. No need to get into a technical discussion about Mazur if the judge agrees that the claimant has not proven their claim.

Shouldn't that be included in the defence? I'm thinking that we should make our case as strong as possible in case there's a judge that doesn't see eye to eye with us. At least with a technicality he/she won't be able to say no.
I'd also argue this needs to be the last line of defense.

Re: Hearing set for parking charge by car park management services LTD
« Reply #36 on: »
The OP's case is over. I'm not sure why you're mentioning things that should have been in his defence when it is clear the one he submitted was successful.
Away from 29th March - 5th April
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