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#Post#: 113374--------------------------------------------------
Re: Hearing set for parking charge by car park management
services LTD
DIR By: DWMB2
Date: March 16, 2026, 5:54 am
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--- Quote from: andy_foster link ---
>
> they are often very reluctant to tear up the draft and start
again, or accept that their provisional decision was wrong.
>
--- End Quote ---
This is a very good point - it's fairly common to hear of people
who have gone to a hearing, and have come away (win or lose)
having had almost nothing to say.
#Post#: 113386--------------------------------------------------
Re: Hearing set for parking charge by car park management
services LTD
DIR By: settop23
Date: March 16, 2026, 7:06 am
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I have amended the WS and included the points from Intercity,
thank you again.
in your opinion DWMB2 and Andy, should I add anything about
Mazur or anything else or is this okay to submit?
I believe I need to save it as a PDF and email it to
manchestercivil[member=6517]justice[/member].gov.uk and include
the date & time of hearing and case number in the email? Do I
need to include anything else. I will also send it to
info@cpmsmanchester.com
#Post#: 113500--------------------------------------------------
Re: Hearing set for parking charge by car park management
services LTD
DIR By: settop23
Date: March 17, 2026, 6:10 am
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I have sent the PDF to the above emails today. I did not include
any extra points as I think the points included already are
sufficient
Should I take both my skeletoon argument and the evidence from
the claimant with me to court? Is there any other advice as it
is the first time I am attending court
#Post#: 113505--------------------------------------------------
Re: Hearing set for parking charge by car park management
services LTD
DIR By: DWMB2
Date: March 17, 2026, 6:34 am
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I generally take 3 copies of anything I might wish to rely
on/refer to during the hearing - your defence, witness statement
etc.
One copy for you, one for the claimant's representative, and one
for the judge. The other 2 parties should already have copies of
everything, but if you have your own copies available, it
hopefully prevents it being an issue if one party claims not to
have a copy of something.
I would make sure you have a copy of the claimant's WS and
particulars etc. so that you have them to hand as well.
#Post#: 113522--------------------------------------------------
Re: Hearing set for parking charge by car park management
services LTD
DIR By: InterCity125
Date: March 17, 2026, 8:45 am
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I would download and print out three copies of VCS Ltd v Edward
from the following location.
HTML https://www.dropbox.com/scl/fi/w0k19zxzlpf9eumu68u7b/VCS-v-EDWARDS-Transcript.pdf?rlkey=5t2gilebrjx7g0d6jmy32lou4&e=2&dl=0
We are deliberately including this in case the Claimant attempts
to claim that the keeper was the driver under reasonable
assumption - also that there is no legal requirement for the
Defendant to reveal who the driver was.
#Post#: 114105--------------------------------------------------
Re: Hearing set for parking charge by car park management
services LTD
DIR By: settop23
Date: March 23, 2026, 9:35 am
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The case is listed for tommorow. Thank you for the advice so
far, and I plan on taking 3 copies of everything, the claimants
WS and evidence along with the VCS Ltd V Edward case.
As advised, I will mainly try to argue point 14 in my skeleton
argument: that the signage at the location is prohibitive in
nature and does not form a contract as there was no offer of
valuable consideration.
Any other pointers and tips would be appreciated as it is my
first time attending court to defend a claim. If the other
party does not turn up, will the case still be looked at or will
I automatically win?
#Post#: 114108--------------------------------------------------
Re: Hearing set for parking charge by car park management
services LTD
DIR By: DWMB2
Date: March 23, 2026, 10:10 am
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--- Quote from: settop23 link ---
>
> Any other pointers and tips would be appreciated as it is my
first time attending court to defend a claim.
>
--- End Quote ---
One thing to remember is to try and relax - the stakes are
(comparatively) quite low, and whilst it's new to you, for the
judge and the other side's representative, it's just another day
at work. Remaining calm and sticking to the facts will make your
case easier to follow. Don't flog a dead horse - if the judge
clearly isn't buying one of your arguments, don't put his nose
out of joint by trying to educate him on the law, feel free to
move on to other points.
If it were me, as already noted, I'd probably have made the
"prohibitive signage" point my main argument (which would
probably mean I'd have put it higher in my WS than paragraph 14
out of 17, but that is your choice). PoFA is irrelevant if no
contract existed in the first place, as there is no liability to
transfer. If the judge has read the whole thing, he'll hopefully
notice this.
--- Quote from: settop23 link ---
>
> If the other party does not turn up, will the case still be
looked at or will I automatically win?
--- End Quote ---
27.9 of the Civil Procedure Rules
HTML https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part27#27.9<br
/>is relevant here:
[indent](2) If a claimant does not –
(a) attend the hearing; and
(b) give the notice referred to in paragraph (1),
the court may strike out the claim.[/indent]
#Post#: 114325--------------------------------------------------
Re: Hearing set for parking charge by car park management
services LTD
DIR By: settop23
Date: March 25, 2026, 5:04 am
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I attended the hearing and arrived 30 mins early. The claimants
representative was already there, it seemed to be somebody
qualified and not the paralegal 'under supervision' from BW
Legal.
We went into the court and the judge listened to the claimants
argument first. The judge asked the claimant about the signage
and where the signage was in relation to where the vehicle was
parked - the claimant struggled to provide an answer and
eventually admitted she did not have that information with her,
only a seperate picture of the signage and pictures of my
vehicle.
The judge then turned to me and told me 'Good news, as the
claimant cannot prove their case it is dismissed!'
A great result and a huge thank you to DWMB2, Intercity and
andy_foster for all the help - I certainly would not have been
able to do it without you and I have learnt some things as
opposed to blindly paying hundreds of pounds to line the pockets
of chancers.
#Post#: 114326--------------------------------------------------
Re: Hearing set for parking charge by car park management
services LTD
DIR By: DWMB2
Date: March 25, 2026, 5:18 am
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Excellent news - thank you for the update, and well done - even
when you're prepared, going to court for the first time can be
nerve-wracking. Also good to see you got a good judge who did
things the right way round - no need to hear from the defendant
if the claimant can't prove their case to start with!
Did you get your costs for loss of earnings for attending
(capped at £95)?
#Post#: 114330--------------------------------------------------
Re: Hearing set for parking charge by car park management
services LTD
DIR By: settop23
Date: March 25, 2026, 5:32 am
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I did mention to the claimants side before we went in that I had
to take the afternoon off work to attend (and pay an outrageous
£12 to park for a couple of hours!)
Nothing was mentioned about a counterclaim or claiming for loss
of earnings to attend. I am self employed so what proof would I
need to provide to claim?
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