Court tomorrow help please

waamo

Regardless of what the judge may have said about paying in 6 months make sure you pay within 28 days. Get a receipt. I cannot stress enough get a receipt or if not get absolute proof of payment.

The court needs to see proof of payment before they will agree it's been paid. Posters have come here after paying because their credit file remains trashed. They didn't get proof of payment so as far as the court is concerned they haven't paid.

Get a receipt.

Umkomaas

couriervanman wrote: »

One ccj from a cowboy parking company ain't going to make a massive difference to your credit file.............there is no way I would pay £610

Not the best advice ever proffered on this forum.

Coupon-mad

Scottpr wrote: »

OK so as I expected I lost, although the judge did reduce the claim from £825 to £610

Now i'm trying to decide wether or not to appeal and would like your help please as I think I may have a case but would like the opinion of someone more in the know than me!

My main arguments were 2 fold;

1. I wasnt given a fair chance to appeal as the first I heard about any potential breaches (2 in november 2017 and 2 in april 2018) was in november 2018, 12 months after the first alleged breach.

The solicitor for PCM stated and I quote "PCM are not legally obliged to serve notice, but they tend to do it out of courtesy"

I wholly disputed this and the judge did also but finally on summing up agreed with the PCM solicitor


2. I am a delivery driver and was making my deliveries at the time of the alleged breaches and I argued that I wasnt' parked, merely stopped to unload then carried on. I was stopped for 5-10 minutes max.and as there is no restrictions to loading/unloading on there signage I didn't breach any terms of the use of the land. They PCM solicitor argued that loading/unloading constitutes parking and as such I was in breach.
Upon Summing up the judge stated that "It is completely absurd that there is no reasonable place for a delivery driver to park and make there deliveries but as there is no legal precedence set out in any previous cases, my hands are tied and unfortunately I have to find in favour of the claimant"


So my question to you is, do I have grounds for appeal and is it worth my time or should I just suck it up and pay the £610? what would you do?

You will have to pay. Lack of preparation just cost you £610.

There was case law. You just didn't file/serve it and you cannot appeal and add it.

"It is completely absurd that there is no reasonable place for a delivery driver to park and make there deliveries but as there is no legal precedence set out in any previous cases, my hands are tied and unfortunately I have to find in favour of the claimant"

Had you filed a WS we would have told you to file JOPSON V HOMEGUARD and SAEED v PLUSTRADE but you didn't, so you lost.

Pay it within 28 days to avoid a long term credit record mess for 6 years like this:

https://forums.moneysavingexpert.com/discussion/5996676/ccj-ukcps

''...it then got to the point I got a letter from Northampton County Court. I then responded and pay in instalments. I obviously didn’t read the letter clear as I had no idea I would get a CCJ if I was paying in instalments''.