Scs law lbc by ukpc

Honey-Dee

Another quick question please. Do I need to send my skeleton argument to the claimants as well. I have sent all evidence that I need in court but unsure about the skeleton argument? Thank you.

Redx

post #51 here may help


https://forums.moneysavingexpert.com/discussion/5864833/court-claim-has-the-defendant-blundered


https://forums.moneysavingexpert.com/showpost.php?p=75023891&postcount=51

Honey-Dee

Thanks you.

Honey-Dee

Dear all,
My court case was this morning and I lost. Well out of 7 tickets, 2 were cancelled and I have to pay for 5....... Can this be appealed? Thanks.

Umkomaas

Honey-Dee wrote: »

Dear all,
My court case was this morning and I lost. Well out of 7 tickets, 2 were cancelled and I have to pay for 5....... Can this be appealed? Thanks.

Sorry to hear of your loss. Are you able to give us a court report to highlight what the Judge said in making his decision. Who turned up on behalf of UKPC/SCS?

Can this be appealed?

Not in the sense that you don't like the Judges decision against you. You can appeal if you believe the Judge 'erred in law', but you'd need to clearly understand the law in which you believe he/she erred, be able to articulate it cogently. There will be a fee to pay as well.

The other alternative is where a Judge might be slightly uneasy about the decision and offers (at the end of the hearing) the opportunity to appeal if the defendant wishes, or the defendant asks the Judge at the end of the hearing if an appeal can be made.

Any of the above fit?

Honey-Dee

On getting there this morning, I had to speak to Mr Taylor (Scs law solicitor) He stated he had to speak to me by law and the court reception directed me to speak to him as well. He tried to tell me that he would counter my defence of Aziz v Caixa as it did not apply in my case.
Anyway I told him I am not a legal person but would stick to whatever is in my skeleton argument.

The judge was a woman, she listened to him then to me. When I mentioned that I left a message on my car that the ticket office was not opened at the time I arrived at work and the ticket attendant ignored it and still issued ticket. She said the problem is with the trust and not the attendant. The attendant did what he was supposed to do. Issue tickets to cars without permit. She mentioned I have to take that up with the trust.
Also about me not moving my car from the same spot for 2 days and 2 tickets was issued. She said the car was there was 2 days so I deserved 2 tickets.

The claimant stated I could have turned back and left if there were no parking spaces, when I said to the judge that as a nurse I could not do this, I wish I could but I can't because I have patients to look after. The judge replied "there are surgeons and Drs who park wrongly but would rather pay the fine than cancel operations. I could have paid the £60 when it arrived in the post or £30 if done within 14days."
At one point I thought she was the claimant's solicitor to be honest.
At least she found 2 tickets in my favour. I'm grateful for that.
I asked at the end of she would reconsider and lower the charges and she said "I have passed my judgement" but I didnt ask if I could appeal.
I'm not sure she fancies hospital staff very much cos she mentioned she sees this all the time, people ignoring their letters when they could have paid the reduced rate of £30.00.

So no appeal for me then!

nosferatu1001

That is atrocious

I would be suing the trust, personally.

Honey-Dee

Thank you!!!!
I am seriously thinking about it especially since the judge pointed me in that direction.

Coupon-mad

I had to speak to Mr Taylor (Scs law solicitor) He stated he had to speak to me by law and the court reception directed me to speak to him as well

No, you didn't have to. We warn against this in threads.

You would have little chance suing the NHS Trust given the diabolical decision in the UHW Hospital case.

So sorry you got a bad Judge, who should have considered the fairness of the contract, and failed to do so (whether you raised the matter of fairness or not).

Which court, did I miss that?

Honey-Dee

Fairness was my main argument. Which she completely ignored and just focused on how I could have avoided getting to the level we were at. Although in hindsight, I was thinking maybe I should have made bad signage my main argument, although I did mentioned about bad and unclear signages but she didn't say anything about that she just ignored that.
In one of my unfair argument, my bumper was on a double yellow line and not even the back tyre, she saw this in the picture and I also mentioned that there was a muddy puddle on the lines when I came in that morning, which made it difficult to tell where the lines ended. The photographic evidence reflected that the ground was wet especially underneath my car. However, once dried you could see the picture that my tyre was not on the yellow lines but my bumper was.
Guess what my judge said?
She said I work at the hospital daily so I should know all the places with double yellow lines.

On a more serious note, the solicitor took more pity on me than the judge. He was more focused on the days I did not display my tickets but judge focused on the days I displayed ticket but still parked where I should not.
She said so it everyone else's fault and I answered no judge, I put my hands up on some of the days my ticket was not diaplayed however the signs were not cleared in that particular area, I wasn't even sure there was a sign at all. I said to her, but she did not reply..... I kind of get the feeling she didn't want to open the unclear signage door.

Well I am calling the Scs on Monday to work out a payment plan and judge said to ask the court to intervene if they did not give me enough time to pay it off by completing some form.
I hope I can pay it all up in 2 years :rotfl: