URGENT: UKPC & SCS Law

Coupon-mad

What do i do tomorrow?

Turn up 30 minutes early (to avoid stress and delays, and to get through security). Do not agree to a chat with the other side's rep to 'settle'...

...and pray for a miracle.

what do i need to take with me ?

Your defence is all you have, you have not filed any evidence or a Witness Statement. You could take proof of your wages per day in case you get that miracle or an angel Judge, so you can claim your costs if you do somehow win.

will my previous defence statement be sufficient to read the points out to the judge?

It'll have to be, as you are not allowed to ambush a Claimant with evidence on the day.

If you get a chance to adjourn to allow you to get evidence and file a WS then do so. BUT ONLY if you WILL file and serve a WS & evidence or you will get walloped for costs later.

If not, then PLEASE make a good case about added costs, so that when you might lose the case, the Judge does NOT allow costs on top! explained in an example defence here under the subheading 'Costs on the claim - disproportionate and disingenuous':

https://forums.moneysavingexpert.com/discussion/comment/75711757#Comment_75711757

At least try to peg it back so the costs are stripped from the claim.

I am not saying to admit to the claim, stick with your defence and try to expose their evidence as lacking, then move on to costs before the Judge sums up.

HTH - and again - TURN UP on time with all of the above, and cross fingers.

KeithP

It amazes me that a Defendant that cannot find the time to write a Witness Statement can actually find the time to attend a court hearing.

We shall see... or maybe we won't.

Umkomaas

KeithP wrote: »

It amazes me that a Defendant that cannot find the time to write a Witness Statement can actually find the time to attend a court hearing.

We shall see... or maybe we won't.

Especially as it was all so URGENT 12 months ago and over 200 posts with ongoing input from forum regulars.

As I said earlier, this is more and more looking like a serious road crash. I genuinely hope I’m proved wrong.

Immy_007

UPDATE:

Attended the hearing and it turns out it was a different Judge
As you were aware of the situation as went there without submitting any evidence and WS..however the judge allowed me to represent and speak on behalf of the defendant
I Had my defence statement and read out all the points for the judge to consider

Main points was that i questioned:

The contract was dated from 2013 and whether they have an up to date contract to which the claimant's representative replied that it was a rolling contract

Argued about the signange and that NO CONTRACt was formed

ANPR systems

No Site Map

Under the POFA Act that maximum was £100 to which the judge had no idea of that and that the COSTS are disproportionate

Also argued the DPA via DVLA was breached obtaining my information

The Calimant's representative also asked who was the driver to which we did not know as the driver was never identified

However the Judge ruled it against me and confirmed that a contract was formed and that the driver should take responsibility to read the signs and find out themselves and ordered to pay the DEBT and extra costs

Claimant's representative also wanted to claim for the representative attending fee to which the judge declined

Yes i admit that it was my fault that i could not defend the case as i should have been able to as i feel that if that evidence was in front of the judge then his views have been different. I feel that case was not fair at all.. i did try to convice the judge and did my best fro what i had

I have not received any correspondence as of yet since the hearing
So do i have a chance for appeal ? where do i stand ?

Umkomaas

So do i have a chance for appeal ? where do i stand ?

Did the Judge agree that an appeal could be made?

Did the Judge make an error in law in his judgment?

There is no appeal stage on the basis of not agreeing with, or disliking the judgment.

On what basis are you considering an appeal?

Immy_007

He did mention about an appeal at the beginning as what my rights were

I can't state if an error of law was made but i felt my case was not fully heard as lack of or no evidence from my side and was not fully prepared for it at all..Feel like only the claimants views and evidence was considered..not even a single point was heard in my favour

Judge only was the fully blown up images provided of the signs and not the actual view pictures taken from a naked eye where the signs were not readable at all

What basis can i appeal ? i have no idea on this at all

Coupon-mad

You have no chance of appeal as you filed no evidence, as you said before the first hearing, so IMHO there are no facts that were missed or errors made:

Hearing is tomorrow at 10am and i have not been able to send anything to court..i work 7 days a week and family kids so it has been really hectic and i know that is not a valid excuse.

i am mentally and physically shattered and i don't have much access to computer only at work as its so busy can only come on occasionally..all this is so time consuming and i have not even had a chance to look at ANY examples.. i have patients waiting as i am typing this and i am very stressed out

You only had a defence and you were given the chance to read it out and to speak at length about the signs and the POFA, etc:

I Had my defence statement and read out all the points for the judge to consider

i feel that if that evidence was in front of the judge then his views have been different.

We agree, which is why we REALLY pushed you to fit in time to file & serve a WS and evidence.

I am always so sad when people report a loss at court, very sad, but I did say you needed a miracle without filing any WS or evidence, you were in breach of the court's directions from the start and had (for good reasons, and stress, I am sure) gone against our advice.

Even if you'd had a copy of the POFA printed out and filed & served in time, you could at least have walked the Judge through the applicable law and removed the fake costs.

You will have to pay within 30 days to avoid a CCJ, then forget it.

Immy_007

Court letter has come through a couple days ago confirming the Fee Plus the costs of £185 to be paid

I am sad too as it has been a loss and the scammers have won on this occasion.. but its happened now and i am to blame for not acting on time given by the court and wish things were different. I would like to Apologise for not taking your advice on board..it was never intentional..just my unfortunate circumstances.

I would like to Thank Coupon Mad and EVERYONE else who have helped me and guided me throughout this stressful and awful case. Really appreciated

One more question: Can i pay monthly instalments? as i cannot afford to pay in full at this time and if so how can i set that up ?

Le_Kirk

If you want the CCJ not to be enacted and appear on your credit report, you need to pay in full, get proof of payment and send that to the court.

Coupon-mad

Can i pay monthly instalments?

DON'T!

Don't let the scammers also ruin your credit rating for six years.

Borrow the money from a family member, pay in FULL and repay them in instalments.