DCBL: telling me I have a ccj I don’t have.?

Donowl1981

Think the only options I have now are to pay up, they offered me the chance to still do a set aside with consent, which would get rid of the CCJ on my credit record its another court cost on top of the 500£ I have already parted with but I suppose will be worth it long term, or, get a solicitor to deal with an appeal. But I guess that is kind of risky and the risk of more costs.

Coupon-mad

Mr Smith didn't use a solicitor to appeal. How is it risky?

This Judge IS WRONG.

Donowl1981

Because the reality is that I don!!!8217;t have time for more court stuff, nor can I afford to throw any more money at it.
It definitely feels like they won because they had more resources and knowledge but I!!!8217;m guessing that!!!8217;s the British legal system for you.

Coupon-mad

Which court and which Judge?

If you pay you are indeed 'throwing money at it'.

This was pre-POFA, you are NOT liable unless they showed evidence you were the driver.

Donowl1981

Sheffield county court, no idea what the Judges name was, can just tell you she seemed like a right misery.
I know that if you want to appeal you have to ask the same judge and I presume that this carries another court cost.

Ralph-y

if CM's comments are not enough then ....



please wait for a couple of the forum solicitors advice before throwing in the towel ....


Ralph:cool:

Donowl1981

Appreciate the well meant advice I have received on here and would love to get justice, unfortunately I only get 2/3 evenings a week to spend with my kids and I don’t really want to spend them reading about parking legalities. Therefore the only way I could appeal was with a solicitor and £££ the problem.
Thanks anyway
Good luck with the crusade

[Deleted User]

FWIW here's how I see it. Others may take a different view and any appeal decision must be the o/p's own. This is a general take:

Service on a last known address is not ANY address, there is a need to check the position carefully.
https://www.lawgazette.co.uk/law/are-you-being-served/3753.article.

The court should not have been referred cases without also being referred to those that pointed to the alternative. If that has occurred it is possible the court were misled.

See also the CPR part 6 at 6.9(3)
(3) Where a claimant has reason to believe that the address of the defendant referred to in entries 1, 2 or 3 in the table in paragraph (2) is an address at which the defendant no longer resides or carries on business, the claimant must take reasonable steps to ascertain the address of the defendant's current residence or place of business (current address)

https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part06#6.9

Simply put, unanswered correspondence and the passage of time must cause there to be doubt as to whether the address is still current.

I'm not sure I agree that there is any positive duty to provide an address for service. As noted, my interpretation of the CPR is that if the claimant waits a period of years it follows the responsibility is on them to check the address they hold is still current.

Insofar as the law of agency is concerned it would need to be proven that the owner carries knowledge and responsibility of the driver. That is IMHO wrong. In particular it would have to be established that any express or implied authority to use the vehicle extended to parking it at the specific location and entering into a contract on behalf of the vehicle owner. Outside of the employment context it is unclear that those links can be established.

Indeed were there to be agency routinely the civil law would be imposing liability directly on the vehicle owner merely by reason of their ownership - a higher imposition than the criminal law and one which would render POFA otiose.

Coupon-mad

http://www.parking-prankster.com/more-case-law.html

Read the transcript of Excel v Smith and ask yourself why the same firm who know their argument about the Law of Agency has no legs, keep repeating it?

Because some Judges are clueless, and those Judges need to be stopped in their tracks and put right, and you can then claim your costs/all of it back, when you win.

Johnersh is a solicitor, BTW, so his opinion is very valid.

The Judge was wrong.

Donowl1981

Appreciate you taking the time to try and help but unfortunately unless a solicitor is willing to actually act for me, no win no fee, then I literally do not have the time. If I had more time to prepare in the first place then maybe the set aside would have gone my way.
Thanks