Ukcpm ignoring my appeal what to do?

Veed3779

Hi so had my court day today and unfortunately I am in the 1% and have to report a loss, I do believe the judge had made her mind up before I even sat down, she pulled apart one of my photos of evidence which was my fault but apart from that I think she had already made her mind up which is fair enough.
Happy to go in to detail regarding the whole day might give other people some tips on what to expect or avoid not sure if I should do it here or another thread?  
What's annoyed me the most is how much she has awarded the other side, I have not got the exact figure as i cannot remember off hand but its around £260. I knew I would have to pay should I lose but wasn't expecting it to be that much.
I wanted to get on here last week and and ask a few questions to get myself ready but I had problems logging on due to the switch over and have only just managed to reset password.
Thank you everyone who gave there time and advice over the last two years its much appreciated.

DoaM

Sorry to hear this. Please update in this thread, so everything is in the one place.

Did you not have Abuse of Process in your defence/witness statement? The most the PPC should have been eligible for was:

PCN cost (£100?)
Filing fee (£25)
Hearing fee (£25)
Interest (a few quid)
Possibly solicitor fee (£50)

Veed3779

DoaM said:

Sorry to hear this. Please update in this thread, so everything is in the one place.

Did you not have Abuse of Process in your defence/witness statement? The most the PPC should have been eligible for was:

PCN cost (£100?)
Filing fee (£25)
Hearing fee (£25)
Interest (a few quid)
Possibly solicitor fee (£50)

Yeah had abuse of power in there I tried to go down that line when we brought up the £60 charge and I said they can’t just add a charge without giving reason and her answer was they don’t need a reason I found her whole attitude bad to be honest. Charge wise was
100 for the ticket
7.56  interest 
£50 costs And Solicitors’s fee on top I don’t know the exact amount guessing the court will send a break down of costs in the post.

Veed3779

My court time today was scheduled for 2pm I arrived at 1 and was told I could not go inside as there was a suspect package found earlier and the place had been evacuated, after about ten mins I was allowed to enter was told to go upstairs and report to the court usher.

He was not at his desk so I had a look at the cases being heard on the day and noticed mine had a time of 10am!? I asked security guard where the usher was and was told he will be back soon, 30-40 mins later he arrives ten mins before I’m due in I report to him and he ticks me off and I sit down.

2 mins later he shouts at me across the waiting room saying I’m late the hearing was at 10am and judge has dealt with it already, I explained I had two clock on my letter and he refused to listen and kept tapping his clipboard pointing at 10am at which point I put the letter in front of his clipboard and Asked him what I do now.

He said nothing but then phoned someone shouted at them and then walked off with my letter he then came back handed it back and said they still want to to go ahead but not sure if they are going to fit it in.
I sat and waited for another hour and a half and they called my case just me and a judge.
She started by saying that was I aware the other side would not be attending I said no I knew the claimant was not attending but was expecting the solicitor to which she replied well there not coming.

She asked me why it had been on going for over two years I explained the reasons and she then asked me to start explaining my case, we got as far as the signage and she was adamant that they were sufficient I explained that they can not do read from inside a vehicle at night she answered with then it is your duty to go up to the signs and read them, when I tried to contest this she kept shutting me down and asking can you see the signs from your car and would only let me answer yes or no.
I remembered the advice to keep cool and be polite at all times and was shocked at her attitude but I didn’t react, after a bit of debate about the signs she just says she believes the signs were more than adequate and thinks the charge was lawful. 

We moved on to the costs and abuse of power I said that they have added £60 on top of the 100 and give no breakdown or reason for this charge and she said with a slight attitude they don’t need to, when I questioned this I said they could make up any figure and add £500 she said it’s obviously capped.
At this point I was pretty deflated as in my head I had already lost this I tried to explain more points from my defence but she was having none of it and said she has found in favour of the claimant and started working out how much I should pay.
She kept reading out numbers and working out interest and at this point I put all my stuff away as I was not changing her mind, she said a figure of I think 252 and can I pay this within 14 days I said no she said I will give you 21 days I said I’m still going to struggle to meet that and got up she didn’t care said thank you and I walked out.

All in all it was a horrible experience from word go, wasn’t expecting it to be easy or pleasant but didn’t expect that, sorry for the long post but wanted to explain from start to finish.

beamerguy

What sort of court is this, a shouting usher, wrong times and a judge who rules for the invisible man ???

If this a family court as well and this woman is the judge, god help those who go in front of her. Any judge who thinks they can add anything without question needs to be re-trained , better to sack them

You can appeal or you can just complain to the area District judge which costs nothing. Because the judiciary is a club where they all back each other, do not expect this to be overturned but this judge will be questioned. You can list where she erred in her understanding of the law, she is ignorant of it so far.

What do you think ???

Veed3779

beamerguy said:

What sort of court is this, a shouting usher, wrong times and a judge who rules for the invisible man ???

If this a family court as well and this woman is the judge, god help those who go in front of her. Any judge who thinks they can add anything without question needs to be re-trained , better to sack them

You can appeal or you can just complain to the area District judge which costs nothing. Because the judiciary is a club where they all back each other, do not expect this to be overturned but this judge will be questioned. You can list where she erred in her understanding of the law, she is ignorant of it so far.

What do you think ???

I know she was awful at no point did I get the feeling she wanted me to give my side of the story or evidence almost as if she worked for the parking company herself, she wasn’t exactly rude just wasn’t really interested in what I had to say and just kept on saying the signs were more than adequate, I thought about appealing not sure how it goes but guessing it means another day off work? Not sure I can afford that as well as the costs on top.

DoaM

If the judge has allowed the inflated costs (including debt recovery) then she has fundamentally erred in applying the law. The Beavis case (heard in the Supreme Court) is binding on lower courts ... the Lord Justices found that the PCN amount itself included all the costs of the business, including debt recovery.

beamerguy

Veed3779 said:

beamerguy said:

What sort of court is this, a shouting usher, wrong times and a judge who rules for the invisible man ???

If this a family court as well and this woman is the judge, god help those who go in front of her. Any judge who thinks they can add anything without question needs to be re-trained , better to sack them

You can appeal or you can just complain to the area District judge which costs nothing. Because the judiciary is a club where they all back each other, do not expect this to be overturned but this judge will be questioned. You can list where she erred in her understanding of the law, she is ignorant of it so far.

What do you think ???

I know she was awful at no point did I get the feeling she wanted me to give my side of the story or evidence almost as if she worked for the parking company herself, she wasn’t exactly rude just wasn’t really interested in what I had to say and just kept on saying the signs were more than adequate, I thought about appealing not sure how it goes but guessing it means another day off work? Not sure I can afford that as well as the costs on top.

I would not appeal, just complain to the area District Judge.  Given what the law actually is and given she did not apply them, at least she will be questioned. The District judge may order a re-trial