Help Please... NCP PCN BW Legal

Mrplay123456

D_P_Dance said:

If the judge was wrong  then surely his/her decision will be reversed on appeal and all your costs refunded.  Or am I being naive? 

So is it really worth appealing the decision? I have to pay out more money

nosferatu1001

Appeal is around £120
You need to show a reason in law why the judge was wrong. Not a finding of fact. 

D_P_Dance

So is it really worth appealing the decision?

That surely depends on you, I would have no hesitation in doing so. 

Mrplay123456

So is He wrong not to throw it out on the Supreme ruling and the POFA2012?

nosferatu1001

Again: you must find where they erred IN LAW. 
Nothing else
If he made a finding of fact, and used that to base the decision on, then you will have zero chance at appeal as they will not go behind a finding of fact. 

Mrplay123456

D_P_Dance said:

So is it really worth appealing the decision?

That surely depends on you, I would have no hesitation in doing so. 

So if I get the summary when it arrives, would you look at it and then advise?

nosferatu1001

You have 21 days to launch an appeal, from memory. Pretty sure that time starts from now
The summary is highly unlikely to tell you much. Its down to your notes of what was said. 

Mrplay123456

nosferatu1001 said:

You have 21 days to launch an appeal, from memory. Pretty sure that time starts from now
The summary is highly unlikely to tell you much. Its down to your notes of what was said. 

Yes that is correct 21 days, I also have 21 days to pay.
Said.. They are legally entitled to add £60.00 for debt recovery, as this is in the T&C when I used the carpark, one of the clauses listed.

Mrplay123456

5.2 If you do not comply with these requirements we may issue you with a Parking Charge Notice requiring you to pay any unpaid parking charge(s), together with an additional amount representing an estimate of the additional expenses we will incur as a result of your non-compliance (including without limitation debt recovery costs) (the “Parking Charge”). Specific details about the Parking Charge payable are available in each Car Park

Le_Kirk

Mrplay123456 said:

beamerguy said:

I lost..... Judge says no abuse and said they can charge the £60 recovery charge... Also quoted that the Judgements before about AOP where appealed and are not applicable now..
Where is the court ??   
I wonder why a judge who sits in the lowest court in the land, ignores the Supreme court, the highest authority in the land. Also ignores POFA and the court's own ruling of Double Recovery. This must be questioned before the county court system becomes a complete farce, which they are close to now
 judge stated they are legally entitled to charge the extra
Again I wonder where the judge got this from ? Has the Supreme court changed it's mind, Has POFA been changed without our knowledge and is their no longer a court ruling about double recovery ?

He said it was legal to add recovery charges of the £60, as it was in the T&C I quoted the Court ruing and the POFA 

T&Cs are not LAW and that is all the judge should be concerned about!  If he was referring to the CoP of the PPC that is a set of terms made up by the parking companies/BPA/IPC and is part of the boy's club!