CCJ/Court/Appeal/Whatever

JayEdgerHoover

Hi everyone, apologies for the subject line.

I went to court two weeks ago to contest a CCJ - There was a private parking fine which has been issued to me and subsequently a court 'summons' which I did not attended (Issued without my knowledge - no letter from Northampton to my recollection) First I had heard about it was when I was looking at renting and the estate agent did a credit check and said I had a CCJ (issued in Dec 18) so therefore I they would require a guarantor or some !!!!.

I immediately rang up the company representing the car parking firm and paid the fine there and then. The appeals process was quite easy, except for the judge being an utter c**t, and it has now been struck off.

Having read a lot of defences on here, I can't really find one that fits exactly what I would contest in court. I usually park on private land if there are no P&D spaces available. There is a block of flats nearby to the station I use (and I also park at the station and never pay because it costs enough to get into London as it is!)

You will all probably laugh at this but here is a brief synopsis of my defence and what the judge said:

1) You cannot prove beyond reasonable doubt that I was driving - just because I am the registered keeper, you need to prove I was behind the the wheel.
Judge said they didn't and that proof of ownership was enough because it was based on the burden of probability or something. I soon shut him up because I once got a speeding fine and I had no idea who was driving as my car was taken with out consent and Kent Police had to let is slide - that is 100% true.

2) The contract is un-enforceable because it wasn't signed and it was not presented to me, just stipulated on a !!!!!! board along with their logos and warnings etc.
Judge said their contract was as good as anything and it was absolutely enforceable

3) I said there was nothing they could do as it was up to the landowner and they had no right as they didn't own the land
The judge said they had every right and they didn't need the landowner's permission

He tried to bamboozle me with "Under law XYZ, Subsection ABC... etc... they can do what they like" He was unhelpful, condescending, interrupted me at every opportunity and sided with them. He only struck the CCJ off because the parking firm or law firm (not sure which one) agreed that it could be struck off.

I can't find a good defence for just parking on Private Land when there's no spaces/you don't feel like paying for a ticket. You know as well as I do that 90% of these letters just end up in the bin. I would like to offer something to the firms so that they !!!! off instead of wasting everyone's time going to court. In the meantime I am just going to get some fake number plates made up and save myself some time.

Any ideas would be appreciated.

fisherjim

This is a joke isn't it?:rotfl:

JayEdgerHoover

Wish it was :rotfl::rotfl::rotfl:

The_Deep

... The contract is un-enforceable because it wasn't signed

I suggest that, before writing such ill informed tosh, you acquaint yourself with the law surrounding the formation of contracts.

From what you have tod us, the judge behaved perfectly correctly, read Schedule 4 of The Protection of Freedoms Act. Also you need to learn to respect other peoples' property..

The industry is totally unregulated, (and corrupt), and rides roughshod over the courts and consumer legislation. The Supreme court made a disasterous decision a few years ago, (Beavis v UKPC), which made matters far worse.

Legislation is in place to curb their excesses, but government time is all being soaked up by Brexit.

You may now have to answer the original claim, but, unless you fully understand the issues involved, you will be paying them more money.

As in sport, there are rules which must be followed, you have been sin binned, your next infringement will get you sent off.

JayEdgerHoover

Ill informed Tosh you clown :rotfl::rotfl: Respecting other people's property is neither here nor there as I am not disrespecting it by taking up one visitor's bay - there is literally nowhere to park in London and the car parking firms should respect the motorist and the law (as you pointed out they don't)

The_Deep

as I am not disrespecting it by taking up one visitor's bay -

Obviously the law disagrees.

JayEdgerHoover

Yeah I see what you mean it's not law-law it's like trespassing. I find it bizarre how the police know they can't take things further as there's no proof, but these companies seem to hold more power

twhitehousescat

I went to court two weeks ago to contest a CCJ

I immediately rang up the company representing the car parking firm and paid the fine there and then.


by paying the invoice , or the CCJ , you admitted the offence

The_Deep

I do not understand, What exactly is law law?

How about intellectual property Law, landed property Law, Employment Law, Tort Law, disability discrimination Law, family law, The Law of the Sea, race hate Law, to name but a few?

Are they also not Law?

I find it bizarre how the police know they can't take things further as there's no proof,

What have the police got to do with Civil Law?

I immediately rang up the company representing the car parking firm and paid the fine there and then.

It is not a fine, it is a private invoice for the damage they suffered when you did what you did to them.

JayEdgerHoover

True. I only wanted it off my record and because I was moving. Also I couldn't prove my ex gf was behind the wheel ;0)

fisherjim

If you continue with your line of thinking you are going to fall foul of PPC's again and be in exactly the same boat.


I suggest you read the newbies thread, I know it's a bit late now, but as you have no idea what you are talking about it might enlighten you.


Some of your ideas and comments are just plain daft.