Parking Control Management/Gladstones Court Claim

[TikiJnr]

Re: Parking Control Management/Gladstones Court Claim

Claimant if I remember correctly x

[TikiJnr]

Re: Parking Control Management/Gladstones Court Claim

Hi team

The judge hasn't sent me the appeal form or the judgement as she promised to do today. What shall I do? She was meant to give me the appeal form on Friday and she didn't, she's eating into my time to make a decision. Painting herself an even better picture isn't she!

[mystery1]

Re: Parking Control Management/Gladstones Court Claim

The form isn't an issue.

https://formfinder.hmctsformfinder.j...k/n164-eng.pdf

https://www.gov.uk/government/public...d-family-court

Fee as per #6 and [MENTION=71570]R0b[/MENTION] is £120.

Obviously the reasons depend on what happened and a written decision would be helpful in that regard. I would ask the court about that.

M1

[TikiJnr]

Re: Parking Control Management/Gladstones Court Claim

Thank you. It's the written decision she said she would send today. And would include the appeal thing in her judgement she said.

[mystery1]

Re: Parking Control Management/Gladstones Court Claim

The courts are usually slower than that although i'd have thought if a judge was making the request .....

Don't forget to stress urgency and tell them it's for an appeal. I do wonder if they may have posted it though ??

M1

[TikiJnr]

Re: Parking Control Management/Gladstones Court Claim

She took my email address and said Monday? But this is new territory to me! Regardless she said she was sending something to me today =/ what would you do M1? The parking charge has of course ticked me off but what's boiling me is pcm and Gladstones had no respect for the rules of the court and the judge let them get away with it. Yet if I don't respect their parking rules I get a fine.

[mystery1]

Re: Parking Control Management/Gladstones Court Claim

I'd phone the court and see where that goes. Sadly i'm about start 3 days on so won't be around much until Thursday night but that's not a huge issue if you are intent on appealing (i would but it's a big step).

I'm sure [MENTION=71570]R0b[/MENTION] [MENTION=6]Amethyst[/MENTION] et al will chip in where they can too.

M1

[TikiJnr]

Re: Parking Control Management/Gladstones Court Claim

Okay good because I was wanting to appeal so with you on side I'm in! Ha! I'll call them tomorrow. I'll keep posting on here as and when stuff comes through for you to see on Thursday. Thanks again for all your support. Speak in a few days x

[R0b]

Re: Parking Control Management/Gladstones Court Claim

When was the date of the decision of the judge again?

[TikiJnr]

Re: Parking Control Management/Gladstones Court Claim

Hi Rob, it was Friday just gone, so 30th September x

[R0b]

Re: Parking Control Management/Gladstones Court Claim

So you have until 21 October to file your appeal. I can assist you with the preparation but as PCN's are ulitmately M1's remit, he might be best to help with the grounds of appeal.

Filing an appeal is time consuming, for starters you will need to fill in the form N164 M1 provided above, you will also need to print 3 copies of everything, one for you, one for the court and one for the other side. You also need to file a certificate of service with the court once your appeal notice has been sent to the other side.

The appeal notice will need to contain several documents including your grounds of appeal. Once you file your appeal notice you generally need to file an appeal bundle, usually agreed between both parties within 35 days of filing your appeal.

You still wanting to go ahead with the appeal?

[TikiJnr]

Re: Parking Control Management/Gladstones Court Claim

At the moment yes my intention is to proceed. If at any point anyone on here spots something which signifies I'm doomed then I'll probably try and save some face. Fingers crossed I can proceed though. I've spoken to the court, nothing has even been typed. She's raising it with the court today and will get back to me. I've got to fill out a EX105 for a transcript she said?

With the stay the enforcement, does that mean a ccj will still be put on my credit file? But they just can't enforce it?

Also by three copies does that mean of evidence again like from the case? Or is none of that considered in appeal?

[TikiJnr]

Re: Parking Control Management/Gladstones Court Claim

Oh also no judges name on their system. And she was the only one who wasn't named on the board.

[R0b]

Re: Parking Control Management/Gladstones Court Claim

The first thing to consider is whether or not there is any possible grounds for appeal. If you can answer yes to one or more of the below questions, then you might have a chance of a successful appeal:

1. the judge made a critical finding of fact against the weight of the evidence e.g. if evidence showed in your favour;
2. the judge made a critical finding of fact which was wholly unsupported by the evidence before her;
3. misinterpreted any legislation and the decision she came to was wrong;
4. wrongly applied the law and therefore the decision was wrong as a result;
5. failed to give proper reasons for her decision
6. Did not properly exercise her discretion

What is required in the appeal notice, is 3 copies of:

- The order given by the judge;
- any order refusing permission to appeal and reasons for that decision;
- the list of grounds for your appeal (done on a separate sheet)
- completed form N164
- applicable fee of £120 (usually a cheque stapled to covering letter)

Optional documents to be included (known as the appeal bundle):

- Form EX105 (if you want to obtain the transcript at public expense, otherwise an agreed note of what was said in the decision usually suffices but if you are complaining of the way the judge has gone about the decision then a transcript would be the best way)
- skeleton argument (usually used for complex issue or if you wish to rely on any case law to support your appeal)
- witness Statements
- any other documents which will support the appeal

Because you are asking for the transcript at public expense this is won't be provided so as part of your appeal application, so you can ask the court to grant an extension of time to file your appeal bundle to allow enough time for the transcript to be obtained and other documents you wish to rely on. You will also need to give reasons why the transcript should be obtained at public expense.

[TikiJnr]

Re: Parking Control Management/Gladstones Court Claim

So I believe number 4 is a yes. She wrongly applied the rules in regards to the second witness statement and cpr 16 7.5 regarding pleadings and POC. If she had upheld either of those there was no case to answer to.

As for number 5 her reasons for her decision were basically this case is upto me and this is my decision!