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Indigo Cardiff Nurses Case: Permission to Appeal Refused

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Many on this forum will have taken an interest in the case, heard at Cardiff in July 2017 over three days, of Indigo v various medical staff at UHW Cardiff. There were 3 'lead defendants', representing some 80 defendants in total, some with multiple PCNs issued for failing to display permits at their workplace, totalling thousands.

The Judge found for the Claimants on all seven issues identified, and made a finding of unreasonable behaviour against the Defendants, awarding the Claimants their assessed costs of £26,000.

An application for permission to appeal both the substantive judgment, and the costs award, was lodged with the court, but the Circuit Judge has now refused that, so it's the end of the line for any appeal.

There will, apparently, be a further hearing, to determine how the costs are to be allocated between the lead defendants, the other defendants, and any third party costs awarded against the lay representatives.

The transcript of the Approved Judgment is here (a long read): https://1drv.ms/b/s!AhdXZ_haugJXgagUqi3DJjUJZX5DaA

The transcript of the Post-Judgment Cost Discussions is here (even longer): https://1drv.ms/b/s!AhdXZ_haugJXgagVKQDBfFN9baYLuw

I have been providing assistance, including Lay Representation at Court hearings (current score: won 57, lost 14), to defendants in parking cases for over 5 years. I have an LLB (Hons) degree, and have a Graduate Diploma in Civil Litigation from CILEx. However, any advice given on these forums by me is NOT formal legal advice, and I accept no liability for its accuracy.
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Comments

  • Umkomaas
    Umkomaas Posts: 43,370 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Rather sad outcome. I’ve not read the judgments but my gut instinct is that given the controversial nature surrounding this whole issue, that there’s some natural justice missing. A pity.

    Not sure whether there will be any local political involvement/pressure to come to help. Just a slim hope, maybe?
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Private Parking Firms - Killing the High Street
  • Umkomaas wrote: »
    Rather sad outcome. I’ve not read the judgments but my gut instinct is that given the controversial nature surrounding this whole issue, that there’s some natural justice missing. A pity.

    Not sure whether there will be any local political involvement/pressure to come to help. Just a slim hope, maybe?


    Nothing coming via the Welsh assembly government as their esteemed leader lied stating a tragic death of a staff
    Member was partly responsible for the enforcement action, contrary to public news stating that parking was not a factor at all.

    Little faith in justice when we have muppets like that running the system.

    Not forgetting. Jeremy Corbyn was supporting via a tweet till Jeremy !!!!! pointed out it was a labour government here in Wales
  • System
    System Posts: 178,348 Community Admin
    10,000 Posts Photogenic Name Dropper
    edited 15 October 2017 at 5:32PM
    What is happening to the funds raised to challenge the decision. Is there [another] good use to which these can be applied?

    It seems from the transcripts that it was not only a done deal - but one with prejudice.
    This is a system account and does not represent a real person. To contact the Forum Team email forumteam@moneysavingexpert.com
  • To be honest - regarding the funds - they are safe and we are not sure yet as to what is going to happen - hoping to hear from barristers that were promised pro bono to see if there is any justice to be had.

    If the case is that there is none - then as always promised these funds will be made available to other NHS sites in the fight!

    At present it all seems like an absolute travesty of justice nationwide -
  • beamerguy
    beamerguy Posts: 17,587 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    I wonder, if that District judge had a heart attack and
    was rushed into that hospital. attended by nurses he
    is trying to bankrupt, would he say NO to treatment ???

    A total disgust against the human race, a very sad judge
  • Marktheshark
    Marktheshark Posts: 5,841 Forumite
    Seventh Anniversary 1,000 Posts Combo Breaker
    They can try the European Court if they are refused access to justice.
    I do Contracts, all day every day.
  • probably got BUPA lol
  • Let us not forget the lies told

    INDIGO - John Hawkey - lied about new signage put up in march 2017 - stated was in place from 2012. Also lied about Derek Donovan stating he was arrested for taking images of signage - NOT TRUE SAR to police show the true story. This muppet also insinuated that Derek was seen following enforcement chumps about site and interfering with Notices to Driver - NOT TRUE - DEREK can hardly walk.

    INDIGO - Chris Singleton - stated previous authorities being destroyed as soon as a new one was received. Only authority present from C&VHB dated april 2016 not signed until october 2017. Authority from Indigo infra cardiff dated May 2017 - no prior documents covering earlier dates held at all or presented.

    Makes me so sick - a win for them based on lies and manipulation - an utter bunch of despicables from all companies involved, not to mention the Health Board themselves. Miscreants promoted to delirious levels of incompetence
  • beamerguy
    beamerguy Posts: 17,587 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    probably got BUPA lol

    probably but with a heart attack, first point of call
    is NHS A&E
  • Marktheshark
    Marktheshark Posts: 5,841 Forumite
    Seventh Anniversary 1,000 Posts Combo Breaker
    If these lies could be proven as such then surely there is perjury to be reported and the case collapses under its own weight.
    I do Contracts, all day every day.
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