UKCPS Court Claim Trashed By Judge

Stroma

There's always a legal recourse to get money back, it's called the small claims track, you'd have to have one hell of a good case to reclaim money though. There is a difference in defending a claim than initiating one.

da_rule

Jailhouse_John wrote: »

2 things have occurred to me following this judgement:

1) Should I resubmit my Appeal to the UKCPS NTK I sent off a couple of days ago utilising the standard format including this judgement?

2) Do those unfortunates who have previously paid up their £60 or even £100 Charge now have legal recourse to get their money back?

1) I wouldn't bother to be honest. They will probably still reject the appeal. You can throw it in at the POPLA stage though.

2) As Storma said basically but I'll add that as this is a County Court decision it isn't binding on other County Courts or even the one in which it was issued (i.e other County Courts don't have to follow the decision).

esmerobbo

Regarding quoting the judgement they will say its an opinion not a precedent, except if they had won they would say it was persuasive or as they like a landmark!

da_rule

The judgment isn't really an opinion. It is a judgement. The problem is that the doctrine of precedent prevents a court being bound by its own decisions or the decisions of a lower court. Therefore the County Court (being the lowest of the civil courts) cannot bind itself or the courts above. If the High Court were to make a decision then this could be considered precedent and bind the County Court.

I think most PPC's know this which is why appeals beyond the County Court, especially in recent times, are rare.

ampersand

Jailhouse_John wrote: »

.........
2) Do those unfortunates who have previously paid up their £60 or even £100 Charge now have legal recourse to get their money back?

#
TPP has broached this on his Blog, I believe.
here's one:
http://parking-prankster.blogspot.co.uk/2013/12/laying-groundwork-prior-to-reclaiming.html
-and it refers to previous pieces, so check back.

da_rule

@ampersand I think Jailhouse was meaning could people who have paid the charge get a refund, via court, of the amount they paid as a result of the judgement. Rather than recovering costs relating to defending one of the spurious charges.

bazster

However, District Judges are now demonstrating a clear willingness to be persuaded (albeit not bound) by previous judgements in the County Court. Hence cases being stayed all over the country pending the long-awaited Cambridge case, and also Judge Dawson's comment in this case that "it may still be useful to any consideration of future cases before this court" prior to his demolition of the GPEOL.

da_rule

Oh yes it will obviously be persuasive and it will be a brave judge that does go against recent decisions. Especially if they are made by a highly respected DJ. Also, the County Court judgments could have persuasive precedent on higher courts. But there is unfortunately a difference between persuasive and binding. It's unfortunate that a case cannot get before a High Court.

Fergie76

How does a case get to the High Court? Does it have to be the claimant that initiates that or can a defendant?

Obviously, as PPC is never going to risk a binding decision that may go against.

da_rule

Fergie76 wrote: »

How does a case get to the High Court? Does it have to be the claimant that initiates that or can a defendant?

Obviously, as PPC is never going to risk a binding decision that may go against.

Either by appealing a decision from the County Court or by getting a multi-track case before the high court. This a are the big cases (i.e. Involve large sums of money and/or very complex points of law etc) so unlikely that, what is in reality a breach of contract or trespass case, would ever get onto this track.