Refund of Bus Lane Fine

landmark

Coblcris wrote: »

They will probably dispute the venue rather than the claim details.
We shall see.

I commend you for taking the field, please do keep us informed.

The Council had filed an acknowledgement to my particulars of claim which bought them 28 days to a deadline by 1 October 2010.

Today (4 October 2010) I filed for judgement by default because the Council legal team had failed to file a defence to my claim.

Things are looking up:)

Watch this space and I will let you know when a CCJ has been issued and served on the Council.

anewman

I wonder if Councils collect CCJ's like clamping companies do?

Sir_Roger_deLodger

anewman wrote: »

I wonder if Councils collect CCJ's like clamping companies do?

Unlike clampers, they can hardly hide behind a PO box. I would imagine the Town Hall contains plenty of assets for the bailiffs to sieze!

Well done Landmark.

landmark

anewman wrote: »

I wonder if Councils collect CCJ's like clamping companies do?

If they do, then they would be named and shamed as I'm keeping the local paper informed:dance:

Coblcris

If you have difficulty persuading a local bailiff to serve upon the council you may wish to consider serving the warrant yourself.
Perhaps a local reporter would accompany you.
Councils have silverware, paintings, valuable gifts of all kinds.
I would distrain according to the scrap value so take some scales.
A photograph of you doing that would be delightful and could be used with a good strap line that may appeal to the newspaper. "The Scales of Justice" etc.

landmark

Council did file defence but because they dated it for 29 September 2010 the court accepted it on Friday 8 October 2010 AFTER I had made the application for CCJ on Monday 4 October 2010. I presume this was because they had posted it, and because they posted it inside the deadline this is why the court accepted their defence.

The defence stated little in addition to my arguments and failed to debunk me. Their best effort was an aversion that "The PCN (in question, is) within the jurisdiction of the Traffic Penalty Tribunal AND NOT the County Court"! Is that the best they can come up with???
They didn't give any regulations or laws specifying this or any case law to back it up. Furthermore, they have failed to consider my arguments, and that the County Court is higher in rank in the judicial system than any tribunal hearings, since the County court is presided by a judge and is a court of law, unlike a tribunal.

I have prepared an allocation questionnaire, calling for the adjudicator of the Traffic Penalty Tribunal to attend to answer questions from the judge. I have made allowance for a further witness to attend. The hearing is to be set anytime in the next 4 months from now.