Recieved Claim form from Court in respect of UKCPS

The_Deep

Water under the bridge but you should have attended anyway imo.

I do not know if you will get unreasonable behaviour costs, some judges have a different take on the word "unreasonable" to me, (they are wrong of course), but imo taking you to court, making you spend hours of your valuable time filling in forms, returning to the crimescene, researching applicable law, writing defences, etc., etc., ect., then bailing out at the last moment, is unreasonable behaviour.

Go for it, you have nothing to lose.

Lamilad

IamEmanresu wrote: »

Would you like a dog that likes to wake the house early?

I Just assumed you were up nicking milk bottles off people's doorsteps, IamEmanresu!

taffyd

Did try to attend. Rang court at 9:00am and was told no point as case would not be heard as no longer on list. Thus, if I turned up I would be turned away as no case being heard.

Taffyd

The_Deep

if I turned up I would be turned away


Not necessarily, you could have asked to speak to the judge. Also it would have added grist to you claim for expences, bit, as I say, water under the bridge now.

taffyd

Hello again,

Whilst I agree it is water under the bridge in my case for other who track these blogs/posts and find themselves in my position or worse I do think you need to be crystal clear here and sure of your ground. I note you say it is only your opinion and thus draw readers back to that statement. But, I assume you feel that your opinion has value and some relevance based on experience.

Thus, for others benefit, who perhaps don't have, the possible wealth of knowledge, experience that you have are you saying that despite the court manager saying the case was discontinued and my request to attend to speak with the judge I should still have turned up and tackle these professionals 'head on' insisting I be heard even though there was now no case listed to be heard.

That would, in my opinion, take some b---s, without some sense of certainty that you were in your rights.

Many regards again. Not trying to be awkward just clear on advice to others going forward.

Please don't take offence at my request I'm still learning.
Taffyd

Lamilad

are you saying that despite the court manager saying the case was discontinued and my request to attend to speak with the judge I should still have turned up and tackle these professionals 'head on' insisting I be heard even though there was now no case listed to be heard.

You would have been chancing your arm and in all likelihood it wouldn't have worked. I've never heard of anyone speaking to the judge after a discontinuance and getting costs.

You could have written to/ emailed the judge but I've never heard of that working either. You would have got a reply telling you to complete the n244 to set up a costs hearing, the fee for which is £255.

Even if you had done that it's unlikely you would have been awarded any costs due to CPR 38 and the threshold for unreasonable behaviour being so high.

Much as I like to encourage people to give the PPCs as much grief as possible, I believe it would have been a further waste of your time and energy to go after costs.

The NoD is a victory for you - enjoy it.

taffyd

Crystal clear and much appreciated.

Taffyd

taffyd

Hi All,

Can I add my voice to those on the BBC last night who were clearly advocating that should you receive a PCN that you feel was incorrectly issued then do fight it.

In my case, I can say yes it was a convoluted affair but with a few photos and some timely letters I did see them off.

My defence was not strewn with legal language just a honest rebuttal of theirs.

My one tip is to wait, if you can, to the very last moment to submit your defence to the court, should you need to go that far, as in doing this I found I was in receipt of their copy of their defence and this gave me the opportunity to use this against them by citing their inaccuracies and economy of truth.

I also made sure all correspondence was served by 'next day' recorded delivery from the post office.

Taffyd

Coupon-mad

if you want to add your voice to an official (non-TV) campaign that might change things, show your MP the entire sorry saga, demands, threats, the lot.

This is a copy of a post by Bargepole ....

"Some action at last:

http://services.parliament.uk/bills/2017-19/parkingcodeofpractice.html

This Private Member's Bill has Government and cross-party support, and stands a good chance of making it into statute.

The full text of the clauses will be published nearer the date of the second reading, but my sources tell me it's something we should support.

Now would be a good time to write to your MP urging them to support it."