SCS Law/PCN

Mykep85

Looks like Judge Jenkins will be presiding over the case. Anyone know anything about this Judge?

Mykep85

I won!!!!

Yes yes yes, case dismissed!!!

The_Deep

Can you give us a report please.

They have wasted your time so now waste theirs. Consider a claim against them for you time, and/or ask the judge for "unreasonable behaviour" costs /damages,

Mykep85

Yep, when I get to my computer (currently typing from phone), I will give a full report.

Mykep85

Ok, my day at Court (let me know if this should go in either a new/different thread).

Firstly, a bit of background...My Wife and I actually have 2 cases against us currently, but both are virtually identical, so there was no point in starting 2 different threads. UKPC, through SCS Law have pursued us for 14 tickets in total, originally- 6 for my wife, 8 for me. By the time of the first case today, these had been reduced to 4 and 6 respectively, for hearings today (22nd May) and next Wednesday (29th May).

We arrived at 9.30am for a 10am hearing, after submitting our Witness Statements to the Court by email. After submitting these, I was reminded on here that I should have hand delivered these statements, in a bound folder etc. I did this in time for my hearing next week, but my wife's was a little late. However, we put a note in the ringbinder to say 'Dear Sir or Madam, this Witness Statement was submitted by email, on time, but I thought the Judge may appreciate a hard copy, with all of the Exhibits numbered, for ease of reference'.

So, they read out the various different hearings for that day, and when my Wife's name, and UKPC was read out, a solicitor came up to confirm his attendance (Mr Earl), and then straight away asked to have a quick word, to which we told him in no uncertain terms that we didn't speak to him. He then went elsewhere, with what appeared to be a junior, and started looking through the rather large file, relating to the case.

There was a bit of a delay, but we finally got in there, but went into a different court room than was on the schedule. Judge Jenkins originally due to preside over the case, but it was handled by a different one, who I believe hadn't seen or read the Witness Statements until we got into the Court room.

He didn't have a copy of my wife's Witness Statement, so we gave ours, and he took about 5 minutes to read through the paperwork from both sides.

As part of my Wife's Defence (and also mine), we wrote that the Claimant had failed to provide a contract to prove they had the authority to operate on the hospital premises, so they put a copy into their Witness Statement.

The Judge opened with addressing Mr Earl, and asked him about the contract that UKPC had provided, as it stated that the contract was dated September 2012, for 3 months, with another contract dated October 2018.

Mr Earl responded that it was a rolling contract, but the Judge said it indicates it was for just 3 months. After a few minutes of panicked scrambling, the Judge said 'you seem to be struggling Mr Earl', and all he could come back with really, was that they wouldn't have been allowed to put signs up otherwise (as well as some other rambling about 'probability etc). The Judge asked if 'that was it', and Mr Earl simply said 'yes'.

The Judge then re-read the charges, and went on to say that the contract does not prove that they had authority to operate on these premises, so the 'charges are dismissed'. My Wife didn't even have to read out her Witness Statement, the Judge had them hook, line and sinker after only 5 minutes!!!

He asked if we had anything else to say, and we questioned costs, to which the Judge replied 'what costs?'- we said work, childcare, parking etc, and he simply told us we needed some evidence of these, which we didn't bring.

Frustrated that we couldn't get them to cover some of our costs, but delighted that they were so swiftly dispatched! The best news, is that they have provided the exact same evidence for the case next week, to be heard at the same place, so guess what my opening line will be?!

I have to say, that there are times during the process where you question if it's worth it, and doubt whether you really should follow through to Court, but I'm so glad we did, and it's thanks to the fantastic guidance and advice on here, so thank you all!

Mykep85

By the way, are we able to retrospectively claim for costs?

Le_Kirk

You should submit a cost schedule two days or so before the next case.

Coupon-mad

Mykep85 wrote: »

By the way, are we able to retrospectively claim for costs?

Possibly not, but the defendant could try writing to the Judge, with proof of costs.

Make sure you file & serve a costs schedule for next week, and do it by FRIDAY due to the Bank Holiday.

WELL DONE!

Several PCNs knocked out in one hit, nice. ANOTHER ONE BITES THE DUST!

:T

The_Deep

Thank you for the report.

Ask the judge to consider unreasonable behaviour costs, (CPR27.14(2)(g).

If their case was so weak/ill presented and the judge saw through it in 5 minutes, then dragging you to court, wasting your time, etc., is surely unreasonable. Especially, if they had no authority from the Hospital to do so.


If the judge refuses to award these costs yo can always start a claim against the PPC for them yourselves, they may have breached you privacy rights by contacting the DVLA without a contract and you couldclaim up to £500 for this alone, plus there is your time, travel, babby sitters, stationery, etc..

https://www.rocketlawyer.co.uk/documents-and-forms/letter-before-action.rlm?msclkid=27339bed242519d08604c70b5d240968&utm_source=bing&utm_medium=cpc&utm_campaign=BSN%20-%20Letter%20before%20action&utm_term=letter%20before%20action%20cpr&utm_content=Exact%20-%20Letter%20before%20action

Do not forget to remind the judge that they have form for unreasonable behaviour, (fraud).

Mykep85

So, write to the Court with costs/evidence etc?

Should I address the document to the Judge who presides the case?