VCS Parking Charges (3) - Resulted In County Court Claim Form

KimmyHrunt

Appeal was allowed

Redx

in that case I think you need to concentrate on the lease and then decide if its worth proceeding like JOPSON and the reality start one I linked

perhaps the BMPA might advise you ?

KimmyHrunt

I dont know if i can handle going through all that again, not to mention the additional cost.

To make matters worse, my car broke down on sat, which looks like its going to cost an arm and a leg.

Happy New year!!!

Lamilad

Kimmy, I'm sorry to hear thi... you have been royally done over, mate (I know you don't need me to tell you that).

There are quite a few of these clueless judges still in office, unfortunately you got landed with one today.

This is just an appalling decision. If a PPC can claim over £300 off someone with no proof of driver, no pofa compliance, a dodgy contract and a missing PCN, then what does that say about the small claims system?

No one would blame you for wanting to put this behind you and move on but you've been granted leave to appeal which saves you some of the cost involved but it's still not cheap and you'd need a proper brief (lay reps not allowed).

Personally I can't see how this decision could be upheld at appeal, but then nothing is guaranteed.

If you do decide to appeal, I strongly recommend you contact the BMPA and the parking prankster.

Gutted for you mate, but well done for putting up a good fight. Take some solace in the fact this will have cost them a lot more than they've won

Redx

I agree , deffo contact the prankster and the BMPA and get copies of the lease etc so they can be poured over to see if the JOPSON case and the CORRIGAN case applies or not , seeing as those two have more weight and power as decisions

also see if somebody might help you pro bono and maybe a crowdfunding effort like happened in the VCS business park case in Liverpool that the BMPA were involved with ?

Loadsofchildren123

Definitely worth considering an appeal. What evidence was even before her alleging that you were driving? And what evidence was there about the leasehold (eg a statement from your landlord saying he had the rights)?

You have to have a transcript of the judgment to appeal.

You are only allowed to use the evidence/information that was before the court first time round. Unless the court gives leave otherwise - as the issue of the lease was central it might be sensible for you to seek leave to adduce the leasehold title as evidence that the landlord owns the rights to park there.

You need to get on and order a transcript as the judge has to approve it so it takes a while to come through. You have to fill in a form EX107 (I think that's it) and send it to the court requesting the tape to be sent to one of the approved transcribers. I always use a firm called Posib, they are very quick. All the info about what to do is on their website There are quite a few on the approved list.

Of course before spending that money you'll have to decide whether you want to appeal, but you don't have long. I don't think the costs will be much - a 10-15 minute judgment will be about £100 I think. The court fee for the appeal is £120.

It's easy for us to encourage you to appeal, you've got to find the money to pay for it. And if you do it yourself you have to be brave enough to run the gauntlet again.

Procedurally you have 21 days to file your Appellant's Notice which kickstarts the process. The relevant court rule if you want to have a look is 52 and look at the practice direction as well. Please be aware that applying for permission to appeal does NOT act as a stay of the original order made today (rule 52.16). So you either have to ask specifically for a stay, or you have to pay what you've been ordered to pay pending the outcome.

KimmyHrunt

Makes it worse as the rep for the claimant was absolutely bloody (i have changed that word to be more suitable) useless.

Absolute chocolate teapot, almost embarrasing.

It appeared she hadnt even looked at the bundle they had submitted.

beamerguy

KimmyHrunt wrote: »

I dont know if i can handle going through all that again, not to mention the additional cost.

To make matters worse, my car broke down on sat, which looks like its going to cost an arm and a leg.

Happy New year!!!

A judge who did not have a clue

You can appeal so it's not all over.
I hope that Bargepole enters this and proposes a plan that maybe we can all assist in to help you

What is the ptoblem with your car

I am also unsure if you are a lady or man with your user name

Loadsofchildren123

I'd contribute. Bloody cheek. I come across rubbish judges (and lawyers) all the time. Now here is my confession. I am a solicitor, but I don't practice in this area at all, and the civil rules have changed massively since I trained, but of course I have a head start in reading and interpreting the rules and the case law. I hate doing my own advocacy and rarely do it myself, I find it really hard to perform on my feet, I'm much better at all the research and preparation

beamerguy

Loadsofchildren123 wrote: »

I'd contribute. Bloody cheek. I come across rubbish judges (and lawyers) all the time. Now here is my confession. I am a solicitor, but I don't practice in this area at all, and the civil rules have changed massively since I trained, but of course I have a head start in reading and interpreting the rules and the case law. I hate doing my own advocacy and rarely do it myself, I find it really hard to perform on my feet, I'm much better at all the research and preparation

Most of us would contribute.
The OP must not think it's charity. Whatever happens next must be considered as an attack on VCS to benefit everyone