CCJ - Parking Control Management

[HelpCCJ]

Re: CCJ - Parking Control Management

So PCM had 2 cases today. myself and another defendant. We asked to be seen together. When the judge called us all in, he asked why we want to be seem together. He said the other parties defence was very different to mine but I was welcome to sit in.

He was the other defendant first and it boiled down to the signage not being visible enough and the station drop of area being closed. Defendant won the case.

When my turn came, he told me that we had an issue. As my defence was whollly reliant on a technicality, and I had no other defence, it would impossible for me to defend. He said he would allow the particulars of the claim as it was followed up by a witness statement which explained what it was about. I had ample time to prepare a proper defence.

I said I had additional defence but he said he would not allow any additional evidence. I stated the evidence would be based on the bundle from the claimant anyway. He asked me to briefly explain my defence. I went on to say about the signage etc and he said I was just utilising the defence of the case before mine.

He said I could request to adjourn, in order to create a defence. Claimant objected and judge refused the adjournment. I asked to appeal and he said refused but explained how I could put in an application.

That was pretty much it

[mystery1]

Re: CCJ - Parking Control Management

It is incredible that any judge condones this nonsense.

There are several examples of other judges throwing the cases out for precisely the reason that the pleadings are a nonsense.



However the worst part is allowing a case to be made by witness statement and then telling you to piss off.

The options are 1. pay 2. appeal.

M1

[HelpCCJ]

Re: CCJ - Parking Control Management

If they had allowed my defence when I'd have won as my argument was the same as the defendant before me. The judge had other plans I guess

[mystery1]

Re: CCJ - Parking Control Management

It's a bloody disgrace.

Tiki lost but was allowed to make a stab at a defence, although sadly that judge disagreed with the argument. Not sure if the initial intent she had to appeal is still there though.

Nobody else has been treated as disgracefully as this. It's so wrong it's beyond belief.

M1

[TikiJnr]

Re: CCJ - Parking Control Management

Hi I'm still around. I think this judge sounds much worse than mine! Offers you to ask for an adjournment just to say no?! I did put in an appeal but my husband withdrew it 8 days later as I developed a blood clot on my lung and he felt enough was enough. We have a baby due in three weeks time so as much as it still boils me I understand why my husband said no more. Personally I'd have carried on til they physically threw me out of the court building. Sounds like these judges have no respect for the law they are meant to uphold!

[TikiJnr]

Re: CCJ - Parking Control Management

I think your case is stronger than mine on the fact that you had never replied to any of the P O O they apparently sent. So with the poc being so useless how are you meant to defend it? My judge told me basically that although their poc were not adequate, my appeal which was in that second very very late witness statement showed her i did actually know what I was defending. So it was tough x

[HelpCCJ]

Re: CCJ - Parking Control Management

Regarding the additional £50 sought by the claimant on top of the £100... as it was part of my defence, I asked for the £50 to be taken off as it was not part of the terms etc. He said the matter of the £100 had been dealt in Beavis. I agreed with that but said I was raising objection about the £50. He said this had also been dealt with in beavis and it was to stand as is. I didn't think that was he case or did I miss something ??

[TikiJnr]

Re: CCJ - Parking Control Management

I didn't think beavis applied because there was no offer to park? I'm no expert though. She threw the 50 out in my case because she couldn't see what the damages they tried to claim applied to? Like she deemed the 100 to include that.

[HelpCCJ]

Re: CCJ - Parking Control Management

In the case before mine, the issue of the contract was raised and the defendant said no offer was made. The judge disagreed as he said the wording on the sign did offer parking although it was for the bays and not the double yellow lines. He said the contract was a separate issue and on that alone he would favour the claimant but based the judgement on inadequate signage

[TikiJnr]

Re: CCJ - Parking Control Management

That's definitely out of my league. I really don't know but I didn't think beavis applied to my case either. What were the damages meant to be for?

[mystery1]

Re: CCJ - Parking Control Management

Regarding the additional £50 sought by the claimant on top of the £100... as it was part of my defence, I asked for the £50 to be taken off as it was not part of the terms etc. He said the matter of the £100 had been dealt in Beavis. I agreed with that but said I was raising objection about the £50. He said this had also been dealt with in beavis and it was to stand as is. I didn't think that was he case or did I miss something ??

ParkingEye do not charge the £50 so why the dickhead thinks it was dealt within Beavis i have no clue .It wasn't because they don't.

M1

[HelpCCJ]

Re: CCJ - Parking Control Management

I was going just pay this and leave it as one of those things and learn from it. However, it's been playing on my mind all day and really annoying me.

Given that the judge out and out made up or at least made a huge error regarding the £50, would that be a basis to appeal?

also, the claim form said I was to pay:
£154.05 amount claimed
£25 court fee
£50 LEGAL rep cost
£229.05

but judgement said total £254.05. I know they mentioned £25 court fees twice. didn't notice at the time but what why is that the case? will wait for the judgement to be posted to see if that actually is the case.



Amount claimed - £150

[TikiJnr]

Re: CCJ - Parking Control Management

My judge removed their fifty which was in their claim named as damages? But allowed them to add the hearing fee of 25. I know exactly what you are feeling, it still burns me. I can't remember what the appeal fee was now, about 120 I think x

[HelpCCJ]

Re: CCJ - Parking Control Management

I've had nothing from the court. I wanted to get this paid asap. What would be the best way of doing this??

[TikiJnr]

Re: CCJ - Parking Control Management

Ring gladstones with your claimant reference which will be on any of your court documents and they'll take payment over the phone. I asked for email receipt. Never recieved it.