Newcastle Airport UKPPO BW Legal collective defence group

Caoimhe

If only one person in the group does this, how likely is it that this will help the rest of the group, if successful?

If we end up having to defend it, how can part of the defence be that it is not within the court's jurisdiction? Are we conceding jurisdiction by defending?

twhitehousescat

how will the court know in the other cases ,

BrownTrout

If you defend you concede jurisdiction
It won't have any effect on other cases as if you defend you will have accepted jurisdiction
Follow the advice of Coupon Mad And stop dithering:)

Caoimhe

I am definitley considering contesting jurisdiction. I have until Friday to submit the relevant paperwork.

What is the worst case scenario? An extra £100 is lost, or is there any possible way this could actually go to a magistrates court?

twhitehousescat

Caoimhe wrote: »

I am definitley considering contesting jurisdiction. I have until Friday to submit the relevant paperwork.

What is the worst case scenario? An extra £100 is lost, or is there any possible way this could actually go to a magistrates court?

was the incident more than 6 mths ago ?

Umkomaas

Caoimhe wrote: »

I am definitley considering contesting jurisdiction. I have until Friday to submit the relevant paperwork.

What is the worst case scenario? An extra £100 is lost, or is there any possible way this could actually go to a magistrates court?

I don't think anyone can give you advice, one way or another, as we have no tried and tested example to go on. We are clearly interested in an outcome from you/your group acting as the test dummy(ies).

If you go ahead in whichever direction you choose, the forum will support you and provide you with as much advice as we are technically qualified to give.

Caoimhe

I'm aware of the following, but am still a layman, and unsure of any loopholes or technicalities which may exist:

Except as otherwise expressly provided by any enactment and subject to subsection (2) below, a magistrates’ court shall not try an information or hear a complaint unless the information was laid, or the complaint made, within 6 months from the time when the offence was committed, or the matter of complaint arose.

Redx

that is the point of you and your group effectively doing a "class action" , to test the waters in uncharted territory, so where you go, others may follow (like BEAVIS) , but if it goes pear shaped (like BEAVIS) then we would all learn from it. there is no "precedent" , because you and your group would be setting the bar

Coupon-mad

If we end up having to defend it, how can part of the defence be that it is not within the court's jurisdiction? Are we conceding jurisdiction by defending?

I didn't say that would be part of the defence.

It can't be.

Yes you are conceding jurisdiction by defending, so you can't use those words.

I said you could use it to argue there is no cause of action, as the claims are clearly byelaws matters and this has been upheld by a court of law in claim xxxxxxx (whichever claim goes for contesting jurisdiction). And you can all prove that with the PCN, the signs and you can all use the rejection letter in the case where UKPPO admitted the charge was NOT a matter of breach of contract, but was a byelaws matter.

Thus they cannot now plead in the particulars that this is breach of contract, and the claims should be struck out.

I think one or more case going the 'contest jurisdiction' route, will help the possibility of future strike outs for the rest of you if argued well, and we will help.

If not struck out, ask at each stage, for your claim cases to be consolidated into one hearing for all the 15 or so, and nominate the case with the rejection letter (admitting this is not a matter of breach of contract) as the lead case. That is also better and less burdensome for the courts so well worth pushing for at every stage, for those of your going the 'defend' route.

(It's not a class action).

BrownTrout

The worst it will cost you is £100 for the application.