Set aside CCJ - Court not issuing refund

The_Deep

How would I have reserved them?

By asking the judge to do so. All is not lost however , read post 9 and
complain to your MP.

It is the will of Parliament that these scammers be put out of business.

Hopefully that will take place in the near future. The Bill has passed through the HOC without hitch, and goes to the Lords soon. In the meantime involve your MP, the poor dears are buckling under the weight of complaints about these scammers.

This is an entirely unregulated industry which is scamming the public with inflated claims for minor breaches of alleged contracts for alleged parking offences, aided and abetted by a handful of low-rent solicitors. Is has been suggested by an MP that some of these companies may have connections to organised crime.

Parking Eye, CPM, Smart, (especially Smart}, and others have already been named and shamed in the House of Commons as have Gladstones Solicitors, and BW Legal, (these two law firms take hundreds of these cases to court each week), hospital car parks and residential complex tickets have been especially mentioned. They lose most of them, and have been reported to the regulatory authority by an M.P. for unprofessional conduct

The problem has become so widespread that MPs have agreed to enact a Bill to regulate these scammers.

Sir Greg Knight's Private Members Bill to curb the excesses, and perhaps close down, some of these companies passed its Third Reading in late November, and, with a fair wind, will become Law next year.

All three readings are available to watch on the internet, (some 6-7 hours), and published in Hansard. MPs have an extremely low opinion of the industry. Many are complaining that they are becoming overwhelmed by complaints from members of the public. Add to their burden, complain in the most robust terms about the scammers.

CCJissue

What if I don't remember her name? How would I contact her directly anyway... Our court in Brighton just has a generic email address that takes weeks for a reply sometimes in the form of an email or sometimes a physical letter.

In terms reserved funds, we said the funds (255) when I asked what the next steps to getting that back, would be that she'd hold on to them, she didn't say the word reserve, just that she'd hold them untik the full process had taken its course and would then be in a position to get the monies back to me. I didn't claim for any additional stuff like time, salary. I just want the 255.

Coupon-mad

So do as I said, fellow Brightonian.

Umkomaas

What if I don't remember her name?

If you've got your court set-aside case number, you could try phoning the court and ask who presided over your case.

Alternatively give them the date and scheduled time of your case, they might be able to check back over their records.

CCJissue

Oh Ive told the generic email a few times exactly what the judge told me. And how I was promised my funds back. They've sent an letter in reply today saying, no... Courts over.. If you're unhappy with it pay another 255 to argue it...

That's my point I've told them already they've told me 1 thing and given me another..

Coupon-mad

CCJissue wrote: »

Oh Ive told the generic email a few times exactly what the judge told me. And how I was promised my funds back. They've sent an letter in reply today saying, no... Courts over.. If you're unhappy with it pay another 255 to argue it...

That's my point I've told them already they've told me 1 thing and given me another..

But your email went to the Court manager, who replied.

That is not what I said to do.

Maybe you also confused matters a bit, like in your thread title here, by saying that the court must 'issue a refund' which they never said they would do, and they have no reason to issue any money from the court.

The Judge didn't mean that. She meant the costs would be reserved and now you must write to remind her and get the reserved costs unlocked and awarded against the claimant. Enclose you Costs Schedule and proof of income, and push it by asking for your day's wages and travel too.

If you don't sent it out on a costs schedule it won't look so 'official' to the Judge (also enclose a wage slip or proof of daily pay rate - to £95 tops).

I suggest this time you ask us to check your letter before you send it to the Judge. Sounds like a pile of misunderstanding to me, and the Court clerk misunderstood what you meant, after you'd misunderstood who would be held to 'refund'.

It's not the court who should 'issue a refund' so none of those words in your letter. You would do well to mention Denton* and all CEL's failings, as I said.


* search the forum!

CCJissue

No but I replied saying I don't have her direct contact so.... How am I going to do anything other than go to the court manager... There's one email... Even the phone doesn't actually connect.

KeithP

This issue no longer has anything to do with parking.

CCJissue, you might be better of pursuing this on a forum more dedicated to legal issues.

Can I suggest LegalBeagles or ConsumerActionGroup?

Coupon-mad

CCJissue wrote: »

No but I replied saying I don't have her direct contact so.... How am I going to do anything other than go to the court manager... There's one email... Even the phone doesn't actually connect.

Royal Mail and addressing the envelope:

For the Strictly Personal attention of the Presiding Judge who ordered costs to be reserved at the set aside hearing ref xxxxxxx on xx/xx/18