Norwich Traffic Control make claim via Northampton County Court against me... HELP!

elgordo9

Coupon-mad wrote: »

Consider Appeal. Costs £120. Act QUICKLY.

Failure to properly consider the CRA is an ''error in law'' and there is no discretion to allow unfair terms to add £60 that obviously fall at the CRA hurdles.

I say ''obviously'' because that word is used in the CRA Guidance to that law!

This is the same court as NorfolkBoi who I've asked to reply to you, as they ran out of time to appeal but this court NEEDS an appeal to set the Judges right on the Consumer Rights Act Schedule 2, para 6, 10 and 14.

This is also possibly arguable as part of the appeal:
Can't see how the Judge can conclude that signs 'probably' existed, without evidence on the material date, and pics of the car with a sign are basics required by the Trade Bodies of their members.

Thanks CM. I'm certainly considering appeal, however I worry that I won't be competent enough to be successful. I was nervous and don't feel as though I gave a good enough of an account.

What annoyed me most was that both myself and the representative for NTC agreed that the judge appeared to have made his mind up in his opening statement. He wasn't interested in the CRA as appeared under the impression it was only applicable if you had bought something. I don't think their rep was confident that they would win this one either, as before the hearing he had asked me about a deal.

So far I've incurred the 3*£100 and one lot of court related fees, and the £60 - totalling £560.

How much worse can it get after the £120 appeal fee?

How do I go about an appeal?

Coupon-mad

He wasn't interested in the CRA as appeared under the impression it was only applicable if you had bought something.

Wow, you need to appeal this!

The cost is only £120 with the right form from the local court. NorfolkBoi might be able to give you some moral/local support.

There is a cost in getting the hearing transcript, too. All of which counts as your costs when you win. If we didn't see people appeal we wouldn't have:

Jopson v Homeguard
Excel v Smith

etc!

Both of whom lost at first, then paid to appeal, won & got those costs back.

elgordo9

Coupon-mad said:

He wasn't interested in the CRA as appeared under the impression it was only applicable if you had bought something.

Wow, you need to appeal this!

The cost is only £120 with the right form from the local court. NorfolkBoi might be able to give you some moral/local support.

There is a cost in getting the hearing transcript, too. All of which counts as your costs when you win. If we didn't see people appeal we wouldn't have:

Jopson v Homeguard
Excel v Smith

etc!

Both of whom lost at first, then paid to appeal, won & got those costs back.

Thanks again. I'm leaning more towards this appeal as each day passes, however I do understand that time is of the essence. Do I wait until the court send me confirmation of the judgement (I assume this will arrive Monday or Tuesday), and then begin my appeal?

I believe the judge also allowed the BW Legal rep to claim an attendance fee of £100. Is this common practice or should that have been included in their 'solicitors costs' ? 

elgordo9

HELP!

I have just received the 'General Form of Judgment or Order' from Norwich Court. It is dated 24th Feb, however they have said I must pay by 20th Feb. The court hearing was on 6th Feb.

I waited a week after the court date, having not received any paperwork, and called the court to ask when, who and how to pay. I was informed that the decision had not been written up yet and that I should wait until I have received the decision in writing.

How long should I have had? Obviously I cannot pay by 20th Feb if I don't receive the form until 24th... 

Coupon-mad

Pay now, and are you still considering an appeal?  If so you need to act quickly and the Order should tell you about that deadline too?  You would also need to pay for the approved judgment transcript, using a transcription firm that the court use.

elgordo9

I would love to appeal but I feel very much out of my depth given how flat I fell on my face at the hearing. No indication as to how I can appeal is given on the order.

I willl struggle to pay now or contact the court at the moment as I am currently in Aisa on holiday (someone else opened my mail at my request) . I wanted to get this sorted before I went away however I was told I had to wait for the order to be written up 🙄

So how long I should have to appeal or pay? This will influence how/when I sort the payment/appeal. 

Coupon-mad

I say you need to pay right now by phoning up the parking firm.

I thought the Order has to say that you have a right to appeal...but if you want to how will you do that from Asia after self isolating on your return?  It will be April (too late).

elgordo9

elgordo9 said:

elgordo9 wrote: »

Hi All,

I still haven't received my directions questionnaire from the court, and yet BW Legal sent me notice on 31st October that they had apparently submitted theirs. The issue date on the claim form was 25th September and I submitted my defence on 24th October. The latest update on MCOL still says that my defence was submitted on 24th October. Would it say here if they Directions questionnaire has been issued?

Thanks everyone, I apologise if this is explained elsewhere, I promise I have had a search around the forum to try and find the answer!

Just spoken to the county court - BW Legal DID NOT respond via the courts within the time frame in which they should have and as a result the case has been stayed.

Did not expect to provide another update to this, but annoyingly BW Legal have managed to get the stay lifted on this case. I cannot understand why they would pay £100 to pursue a claim of £215, but there we go. Anyone got any idea what could be going on here? Is there some sort of waiver to the fee to lift a stay as a result of COVID? Obviously such a rule should not apply to this case given that it was stayed years before COVID. 

Anyway, following the completion of both directions questionnaires the case has been allocated to Norwich and I'm awaiting a date. Previously I lost at court with a judge that had made his mind up before we had sat down. Within that case we considered 3 different tickets and my only win was that the judge remarked they should have combined all three cases and therefore awarded them only one set of costs (and 1x the bogus £60?!). I'm more confident with this one however as I have clear evidence that BW Legal / NTC have produced falsehoods with regards to the addresses they claim to have sent the NTK to, and I won't be so nervous or afraid of challenging the judge on his errors. Further, I will also argue that this case should have been grouped with the other 3 given that this was the first of the four. 

Any thoughts / comments would be hugely appreciated! 

Redx

B w legal have resurrected loads of these stayed cases recently , so read those comments given to those other members with resurrected cases

The lack of incomes due to covid has resulted in more court claims being pursued to try and get some cash income , even old ones !!

Le_Kirk

Have look at this  thread and send a complaint to CCBC: -
https://forums.moneysavingexpert.com/discussion/comment/77588069#Comment_77588069  (where you will find the advice recommended by @Coupon-mad) and go here for the beginning of the thread: -
https://forums.moneysavingexpert.com/discussion/6190061/notice-of-proposed-allocation-to-the-small-claims-track/p1