IMPORTANT: Please make sure your posts do not contain any personally identifiable information (both your own and that of others). When uploading images, please take care that you have redacted all personal information including QR codes, number plates and reference numbers.
CEL CCJ hearing result
Comments
-
So I just reread the letters and yes you're right. I had 7 days to object which I misread at the time
So to move forward is there any point in appealing this now? I am adamant I have not violated the parking rules. I read online the car park in question and have seen other people saying the same thing that they paid and still got a penalty notice so I'm not alone.
My partner says just pay up to get rid of the problem but cause I am adamant I haven't done anything wrong.0 -
was leave to appeal granted by the judge ?
you do realise it will cost you a lot of money to appeal a judgment ?0 -
Ok, Whos car park was it?From the Plain Language Commission:
"The BPA has surely become one of the most socially dangerous organisations in the UK"0 -
It states I can apply "have it set aside, varied or stayed within 7 days" so I presume this is my window to appeal?
I'm currently unemployed so I should be able to have these cost reduce or waved but I need to research this cause I will be starting work next month.
I don't see how they have been awarded the sum that they have which is why i wanted to hear if others has had similar outcomes.0 -
what is the sum awarded ? (approximately)
a typical loss is between £150 and £200 , usually about £175 , or less
a set aside is £255
ps:- they are saying that the vehicle was there and as keeper you are liable
they have no idea who was driving unless you told them who the driver was
ie:- they caught the car, not you , this is not about YOU, its about your vehicle0 -
£125 total. £25 is the court fee.
The carpark is Debenhams. From the reviews of what people say, Debenhams doesn't do anything about these fines and tell people to deal with POPLA or CEL.
So is this normal? To be awarded part of the claim with little to no evidence against me? This is no different than someone saying i owe them money and I can't prove I don't and they don't need to prove I do...0 -
I haven't put myself at the scene in the defence. I sent an email to CEL (cause they don't answer their phones) asking for proof. Again, I didn't put myself at the scene.0
-
yes its normal
this isnt about YOU per se, its about the vehicle registered in your name and about POFA2012 holding you as KEEPER to account (if it was followed by the claimant)
it is only about YOU if YOU admitted being the driver
it is only about you if the judge felt that the law of probabilities meant you were the driver as well as the keeper, or if you admitted to being the driver
the sum in the CCJ is a reasonable sum and could have been up to £200
if POFA2012 was followed (it probably wasnt) then YOU as keeper are liable for the pcn,s incurred by your vehicle, unless you transfer liability over to the driver
we have not seen your initial appeal or your defence, so difficult to comment0 -
Well it looks like the issue was decided on the papers.
That means that the judge read both yours and the claimants submissions and arrived at a conclusion.
Had you chosen to attend a hearing, by objecting to the court order, then you may well have been able to convince the court to come to a different conclusion.
What is even more likely than that is... if you had objected to the hearing on papers then CEL would almost certainly thrown in the towel.0 -
So in short I should suck it up and pay up? Total injustice if it is the case.
As the registered keeper I accept the law of probability.
If I am to appeal, (if the cost are waved or reduced that is) what are my chances? I'm not being stubborn and not admitting loss but its beyond corrupt0
This discussion has been closed.
Categories
- All Categories
- 343K Banking & Borrowing
- 250K Reduce Debt & Boost Income
- 449.6K Spending & Discounts
- 235.1K Work, Benefits & Business
- 607.7K Mortgages, Homes & Bills
- 173K Life & Family
- 247.7K Travel & Transport
- 1.5M Hobbies & Leisure
- 15.9K Discuss & Feedback
- 15.1K Coronavirus Support Boards