Horizon Parking v Mr R. Portsmouth C5GF20X9 12/1/2017
Mr R parked at his residence as allowed according to his lease and was issued a parking charge by Horizon. Mr R disputed he should pay as he was a resident. Gladstones failed to do any due diligence and advised Horizon they should sue Mr R. They felt the case was a simple matter and wrote to the court stating that they would not be sending a representative and their side could be dealt with on the papers.
The Hearing
Horizon changed their mind and sent a solicitor from London. Mr R represented himself.
The judge politely explained how the hearing would work, and that the onus was on Gladstones to prove the case. He then turned straight to the Gladstones’ rep.
Judge: It says that the signs on display quite clearly read that the permit must be valid. But in this evidence, with the photos of these signs included, I can’t see that.
[cue faffing with Horizon’s evidence pack from rep]
Rep: Yes but sir it actually says it on this photo here, it says if ’no valid permit displayed’ then-
Judge: Well no it doesn’t, I’m looking at it here and I can’t see that. Where does it say that?
Rep: [flipping round iPad] Sir I have a zoomed in image here that shows the writing clearly -
Judge: That’s not the evidence in front of me, is it? In this document, which has been submitted to the court and the defendant, it says no such thing. And so I’m dismissing this case.
Rep: [panicking] Sir before you dismiss, can I point out that in his defence here, Mr Reay himself admits that he knew he had to place a valid permit in the window but had failed to do so-
Judge: But nowhere in there does Mr Reay state ‘I knew I was liable for a £70 fine if I didn’t place the latest permit on display’, does he? And within Horizon’s evidence, I see nothing that sufficiently warned him that that should be the case . This case is dismissed.
Prankster Notes
The only evidence the court should consider is the evidence properly submitted to the court and the other party.
If Gladstones try and ambush you on the day, then hopefully the judge will not allow it anyway. If not you should object on the grounds that Gladstones are a professional organisation (no sniggering in the back; try and keep a straight face when saying this to the judge) and should know and respect the proper court process. To give you time to examine the evidence the hearing should either be be adjourned with a wasted costs order against Gladstones, or the evidence should not be allowed.
Happy Parking
The Parking Prankster
No doubt Horizon will be regretting funding a solicitor to travel down to Portsmouth from London. Still, he had a nice day out, with plenty of time to enjoy the sights of the town.
Horizon Parking...you've been Gladstoned.
I wonder how many of these reps are solicitors, Defs need to start asking for name and SRA Reg. No.
ReplyDeleteOnly Legal Execs with the civil advocacy quali have a right of audience. There are only 5 of those in the UK.
https://www.cilex.org.uk/about-cilex-lawyers/cilex-practitioners-directory
It'll cost them more when the breach of DPA claim goes in..... Hopefully
ReplyDeleteUnfortunately, it's not that simple. An employee of a solicitor ha Rights of Audience, as does a Lay Representative, and the court can grant any person a right of audience if required in the interest of justice.
ReplyDeleteUntil one of these DPA claims is defended we wont know if this is worth doing or not. I expect PE will instruct counsel. Interesting.
ReplyDeletehow do you defend a fact , facts that are written in UK law?
DeleteEr, lets wait for the result, shall we?
DeleteIIRC the result is already in....some people have successfully taken PPCs fro £250 for DPA breaches.
Delete