Received a CCJ claim from BW legal for a parking ticket

KeithP

lacoolj87 wrote: »

I do not know how or if i can still move it from Cambridge.

You had seven days from some date in the first half of July to object to the Order.
I guess you failed to do so.

lacoolj87

HI Keith,


I didnt do it at the time unfortunately, i guess i now will just have to take my chance in Cambridge,


any advise on my best argument for primacy of contract,
the judge seemd very unfavorable to me last time,
I am almost now just given in.

[Deleted User]

Sorry you’re going to have to travel.

This is what cuts to the justice system look like: local court closures, less resources, longer waits, virtually no legal aid provision and more travel for hearings. There has been a 40% cut in the MoJ budget.

Unlike the NHS these cuts have largely been unnoticed because you’re (hopefully) not often in court. This is the reason for it however.

*rant over*

lacoolj87

Thanks Johnersh,


I do not nessercerily mind traveling, I am worried now howkeen CM was for me to not go there as she suggested this is where the beavis case was started and it made me feel the courts are especially on there side, given that cambridge is also tnot the most motorist friendly city

beamerguy

lacoolj87 wrote: »

Thanks Johnersh,


I do not nessercerily mind traveling, I am worried now howkeen CM was for me to not go there as she suggested this is where the beavis case was started and it made me feel the courts are especially on there side, given that cambridge is also tnot the most motorist friendly city

The beavis case has no bearing on you.
A lot has happened since then such as the legals adding on fake amounts. A judge must be impartial and use the evidence put before them. Does not follow you will get the same judge

lacoolj87

thanks beamer guy,


I do beleive they will be impartial, i was just knocked back in the last court hearing it has left me feeling deflated,


With each reply from you regulars in the know however it gives me a little boost again so thanks to all

lacoolj87

HI,


so my court date is tomorrow and i would just like to ask for a last piece of advise if possible,


Can i question the reps R.O.A when i turn up in court, also as i will only be arguing for my primacy of contract, is there any points other than Jopson i should really push, Many thanks for the help and i will let you all know how it goes afterwards.


Thanks again.

nosferatu1001

Yes of course you can, but you need to know HOW to do that, and to do it correctly. Do you know how to?
Push Jopson. Hard. Also push that its a basic principal that a contract whcih offers you nothing isnt a contract at all. You had rights to be there, therefore they can offer nothing.

Coupon-mad

Remember what went a bit wrong at your earlier hearing and make some notes to help you avoid being railroaded again:

the judge seemed to be on their side and although they had seemed to bundle things together not very well the judge was happy to allow them extra time to try and make their case, even allowing the rep to present a case transcript she did not include in her evidence bundle,

OK, so THIS time it will hopefully be a different Judge so OBJECT ALL OVER AGAIN by saying 'please, sir/madam, may point out that piece of evidence was not part of the Claimant's Witness Statement and bundle'.
You never know, THIS Judge might take a dim view of such evidence.

I must admit i was quite nervous and did not question anything that was going on

OK so some handwritten notes as a crib sheet, will help you to do so, politely stating that you'd like to rebut what has just been said, please sir/madam' etc. etc.

although i felt at times i shoud rebuke some things she was saying, i was not preparred to voice my concern,

You are now! Just be polite and get the Judge on your side.

The judge also asked me what imain thing i will be defending agaisnt, I.E poor signs, Keeper liabilty or just primacy of contract, i said just the contract, now the case is adjorned and i have to serve all sides with a copy of my original signed lease

Right so THIS time when the Judge asks, unless you are denying being the driver then forget about keeper liability and say 'primacy of contract through my lease, and a secondary defence regarding the contractual terms not being clearly signed (you must ALWAYS have the signs to fall back on in case the Judge doesn't like the lease argument).

So, remind us today, what your parking event was about and what does your lease say and are you a tenant or a leasehold owner, AND were you there before the parking firm was appointed or were they there first?

If they were there first, what info accompanied the permit (exact words?). Anything saying you had a contractual obligation to display a permit - assuming this PCN was about not displaying one?

Finally show us EXACTLY what the signs say, word for word (photo please).

BrownTrout

be careful questioning the ROA, dont get the judges back up