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

2

Comments

  • purplesweetpotato
    purplesweetpotato Posts: 10 Forumite
    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.
  • Redx
    Redx Posts: 38,084 Forumite
    First Anniversary Name Dropper First Post Photogenic
    was leave to appeal granted by the judge ?

    you do realise it will cost you a lot of money to appeal a judgment ?
  • Half_way
    Half_way Posts: 7,043 Forumite
    First Anniversary Name Dropper First Post
    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"
  • purplesweetpotato
    purplesweetpotato Posts: 10 Forumite
    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.
  • Redx
    Redx Posts: 38,084 Forumite
    First Anniversary Name Dropper First Post Photogenic
    edited 14 March 2018 at 7:21PM
    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 vehicle
  • purplesweetpotato
    purplesweetpotato Posts: 10 Forumite
    £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...
  • purplesweetpotato
    purplesweetpotato Posts: 10 Forumite
    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.
  • Redx
    Redx Posts: 38,084 Forumite
    First Anniversary Name Dropper First Post Photogenic
    edited 14 March 2018 at 7:26PM
    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 comment
  • KeithP
    KeithP Posts: 37,529 Forumite
    Name Dropper First Post First Anniversary
    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.
  • purplesweetpotato
    purplesweetpotato Posts: 10 Forumite
    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 corrupt
This discussion has been closed.
★ ★ ★ Meet your Ambassadors

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