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Bw Legal win in court today 31/01/2020

2

Comments

  • The_Deep
    The_Deep Posts: 16,830 Forumite
    You cannot appeal just because you didn't like the original Judge's decision - you have to be able to establish that the Judge made an error in law, or made an error in a finding of fact that he should not have made on the evidence before him.


    Indeed, but what is your opinion in this case? I would certainly take a punt.
    You never know how far you can go until you go too far.
  • Half_way
    Half_way Posts: 7,571 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    An appeal would be worthwhile, however

    We would need to establish the facts around your case in detail, such as your rights /pre existing rights to the space and so on, pretty much everything and anything.




    Some of the judges on the small claims track are just like you and me, some will see these charges as parking fines, some will have skim read the case and already made up their minds .People who don't follow the 'rules' are in the wrong and need to be punished.


    It may be wrong, but when you look at the sheer amount of people that believe these things to be fines, then in that mix you will surely find the odd low level judge as well.


    AS before, worth the appeal on an initial read, but we will need to see everything, including date when permit scheme was introduced - was it there before you moved in, or after??
    From the Plain Language Commission:

    "The BPA has surely become one of the most socially dangerous organisations in the UK"
  • Half_way
    Half_way Posts: 7,571 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    And another thing, if this is your spot, your space etc etc, i would look at not just covering your number plate, but covering the whole car as well with a car cover
    From the Plain Language Commission:

    "The BPA has surely become one of the most socially dangerous organisations in the UK"
  • The_Deep
    The_Deep Posts: 16,830 Forumite
    Hang on HW, why should a resident go to such trouble because of a money grabbing interloper who probably has no right to be there anyway.
    You never know how far you can go until you go too far.
  • Half_way
    Half_way Posts: 7,571 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    In this case, or may be worth while, car covers serve other users as well, such as keeping the frost off
    From the Plain Language Commission:

    "The BPA has surely become one of the most socially dangerous organisations in the UK"
  • Snakes_Belly
    Snakes_Belly Posts: 3,717 Forumite
    Eighth Anniversary 1,000 Posts Photogenic Name Dropper
    edited 1 February 2020 at 2:13PM
    Sorry that you lost NRS.

    I would say to anyone going to court,"expect and prepare for the unexpected". Judges are very random and barristers from my limited experience are more likely to challenge the judge. They are often privately educated, middle class men and a LIP from a working class background (as I am) can feel out of their depth.

    Nolite te bast--des carborundorum.
  • The_Deep
    The_Deep Posts: 16,830 Forumite
    edited 1 February 2020 at 12:19PM
    They are often privately educated, middle class men



    Oh dear me!
    You never know how far you can go until you go too far.
  • FrankCannon
    FrankCannon Posts: 187 Forumite
    Sixth Anniversary 100 Posts Name Dropper Photogenic
    Could we crowd-fund an appeal if the experts on here think there are good grounds for it and a fair chance of success ?
  • Snakes_Belly
    Snakes_Belly Posts: 3,717 Forumite
    Eighth Anniversary 1,000 Posts Photogenic Name Dropper
    edited 1 February 2020 at 2:13PM
    TD, I stated that judges were random. Their decisions vary so much. Having said that I would sooner take my chances in court than the criteria based decisions of the appeals system.

    There is nothing wrong with a private education however the legal profession does not seem to be very inclusive IMHO.

    Nolite te bast--des carborundorum.
  • The_Deep
    The_Deep Posts: 16,830 Forumite
    FrankCannon wrote: »
    Could we crowd-fund an appeal if the experts on here think there are good grounds for it and a fair chance of success ?

    Surely it would cost very little. Perhaps less than a bottle of aftershave.

    https://www.ebay.co.uk/itm/179-15EUR-100ML-JACQUES-BOGART-DE-VIRIS-240ML-AFTER-SHAVE-NEW-SEALED-RARITY/131911728462?hash=item1eb68d3d4e:g:8OgAAMXQSnVRbUFP
    You never know how far you can go until you go too far.
This discussion has been closed.
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