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antandann

I'd love to take the judge on in a fair debate. He was actually a disgrace to his profession. Justice shouldn't be pot luck or hang on any kind of subjectivity. All similar cases should be grouped together and above all else there should be consistency at least in simple cases, but the opposite seems to be true. He didn't even entertain the Equality Act and how it applied to our case; I wish I could sue him for discrimination and incompetence. Let's face it, we all know the scammers are out to scam, it's not personal, they just want easy money and will say anything to get it, but with bad judges it's like they are judging you, not the merit of your argument, what they think to you, or at least their perception of you. Studies have shown time and time again the glaring disparities between similar cases. These disparities are the result of prejudice, be it racial, sex, status, class, education, even attractiveness, and this is all fact, with an undeniable correlation. Sorry if this offends anyone, but our justice system is a complete mess.

Fruitcake, I have a lot of free time on my hands as I care for my wife around the clock 365 days a year and I'm often on my own for long stretches of time as she has to knock herself out with sleepers as her pain becomes too unbearable. Every moment I have spare I will fight this injustice from every angle I can think of. I'll write to Gregg Knight, the MP for Halifax, our MP in Bradford, the Bradford local paper, the Halifax local paper, the Wail, Radio, TV, social media, Pizza Hut high management, the land owner and I'll take it to the Supreme Court if need be as long as my wife doesn't have to physically attend any more hearings. I just can't stand bullying, discrimination or injustice of any kind, especially from a judge. God I'm mad!

antandann

Just got the judgement through:

'It is adjuged that the Claimant recover against the Defendant the sum of £160.00 for debt and interest to date of judgement and £100.00 for costs amounting together to the sum of £260.00'

Gives you a real warm feeling when justice is finally served.

antandann

Yeah the lowest form of wit for the lowest form of judgement. We lost.

Snakes_Belly

antandann wrote: »

Just got the judgement through:

'It is adjuged that the Claimant recover against the Defendant the sum of £160.00 for debt and interest to date of judgement and £100.00 for costs amounting together to the sum of £260.00'

Gives you a real warm feeling when justice is finally served.

Why is the claim so high? I thought that the Claimant could not add on costs for legal fees in a small claim.

Coupon-mad

They can't (under the POFA and as stated in Beavis about 'damages') which is why this might be worth appealing on the quantum, and possibly on the other issue too (Equality Act not being properlyconsidered at all).

As has been said already, I will contact this OP to discuss their options now.

Antandann, does the Order say whether he gave leave to appeal, or do you recall whether he refused you appeal on the day, or was nothing said?

What's the date of that Order please?

Snakes_Belly

Coupon-mad wrote: »

They can't (under the POFA and as stated in Beavis about 'damages') which is why this might be worth appealing on the quantum, and possibly on the other issue too (Equality Act not being properlyconsidered at all).

That would have been my thoughts but I am not experienced enough to give advice. I am glad though that you are helping with their case. It just seems a terrible miscarriage of justice. I also have a relative with the same condition as the OP's wife so I can empathise with them.

Karma is a !!!!! and the judge may one day find himself looking after a relative 24/7.

antandann

Coupon Mad, nothing was mentioned about an appeal at the hearing or in the CCJ letter.

The costs for an appeal fee are £1199! We would receive help with this (don't know if the full amount would be covered) but wouldn't we be liable for extra costs if we lost the appeal? And if you pay the current ccj before an appeal is that an acceptance of the decision as far as the scammers, sorry I mean, courts are concerned? I wonder how much of a bill Mr. Beavis was left with after the Supreme court hearing.

DW190

antandann wrote: »

Coupon Mad, nothing was mentioned about an appeal at the hearing or in the CCJ letter.

The costs for an appeal fee are £1199! We would receive help with this (don't know if the full amount would be covered) but wouldn't we be liable for extra costs if we lost the appeal? And if you pay the current ccj before an appeal is that an acceptance of the decision as far as the scammers, sorry I mean, courts are concerned? I wonder how much of a bill Mr. Beavis was left with after the Supreme court hearing.

Eligibility
Savings
You need to have less than £3,000 in savings and investments if you’re under 61.
You can have up to £16,000 in savings if your fee is between £1,000 and £10,000, or if you or your partner are 61 and over.
Benefits
You need to be on a low income, or on one of the following benefits:
income-based Jobseeker’s Allowance (JSA)
income-related Employment and Support Allowance (ESA)
Income Support
Universal Credit (and you earn less than £6,000 a year)
Pension Credit (Guarantee Credit)
Scottish Civil Legal Aid (not Advice and Assistance, or Advice by Way of Representation)
Income
If you’re not on any of those benefits, you need to earn less than £1,085 a month before tax if you’re single, or £1,245 if you have a partner.
You can earn an extra £245 on top of that for each child you have.
For example, if you have a partner and 2 children you have to earn less than £1,735 to be eligible for help with court fees.

antandann

Cheers for that Dw190. My wife is adamant that she doesn't want to pursue the appeal as she has absolutely no faith in the courts - and I can't say I blame her. The land owner it is then.

Coupon-mad

OK, let me know if you want help with that instead of appeal, or if not then show us all on the forum how you intend to take this up with the landowner. I suggest you send them a Letter before Claim and a formal complaint about a failure to make reasonable adjustments for visitors who do have a Blue Badge and who prove it early enough in the process (as your wife did) to place an expectation on the parking firm agent that they need to make a 'reasonable adjustment' during the appeal stage, to avoid penalising people like her with the same 'fine' as if she was a rogue parker.

The costs for an appeal fee are £1199!

Erm, no it isn't. did you make a typo and add an extra digit there? Also I thought she qualified for help with fees so it would be free?

I wonder how much of a bill Mr. Beavis was left with after the Supreme court hearing.

Barry Beavis had already paid the £85 parking charge after losing the first court hearing, and - apart from appeal fees - paid no more.