Help Please... NCP PCN BW Legal

Mrplay123456

Fair comment, I thought I had understood the points and these were in my WS, I did too much reading and trying to understand all this legal stuff gives one a headache.  Pointing in the right direction is good, but if the Judge say`s it is legal how can I reply other than the POFA2012 and the Supreme court case, which He dismissed. Nothing that was in my Defence or WS had any bearing with the Judge. So looks like pay up and shut up now.

beamerguy

Mrplay123456 said:

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

That is considered an unfair contract as it does not say the amount

I wonder what di*k head told them to add this "(including without limitation debt recovery costs) " ??
No guesses on that one ?

Mrplay123456

beamerguy said:

Mrplay123456 said:

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

That is considered an unfair contract as it does not say the amount

I wonder what di*k head told them to add this "(including without limitation debt recovery costs) " ??
No guesses on that one ?

Well not with this Judge today, it is there and they can add it.  His words it was fair and legal, it is there in the T&C. i QUOTED Supreme Court and POFA2012...Move on He said it is legal for them to add, as I had not paid the PCN £100

D_P_Dance

It is my opinion, based on the limited amount of information you have supplied, that the judge may have erred in law and that, as a consequence, an appeal is likely to succeed.

If you wish to go down this road you must fully acquaint yourself with the law.  Do you think that you have the capacity to do so as I am not seeing it?

nosferatu1001

Of course you pay. Not paying is stupid. Paying means no risk of CCJ sticking, and does not stop you from appealing IF you decide to do so.
Look I get you feel this is terribly unfair - and it is - but thats the risk with litigation. Its why lawyers will look to settle if they can, because then there is no 3rd party deciding. 
Your judge was wrong but likely in finings of fact and you stillh have not told us any findings of law they got wrong. DO SO and do so before posting again. Anything else is a waste of time. 

Mrplay123456

D_P_Dance said:

It is my opinion, based on the limited amount of information you have supplied, that the judge may have erred in law and that, as a consequence, an appeal is likely to succeed.

If you wish to go down this road you must fully acquaint yourself with the law.  Do you think that you have the capacity to do so as I am not seeing it?

A few basic questions if I may before I can answer that.  The appeal fee is £120? Plus  a transcript of £50.?  If I was to win the appeal, would these expenses be refunded?

D_P_Dance

Surely that would depend on the judge.  

nosferatu1001

They are properly called costs and usually costs follow the claim, meaning the winner of the claim gets their costs back 
The cost for an appeal is fixed. Why are you querying this? You can find it yourself! 
As for the transcript - just the decision only is likely to cost you around £50. However if you need to show an error in law, that might not be enough, meanin gyou will need the full hearing. Meaning lots more money. 

Mrplay123456

nosferatu1001 said:

Of course you pay. Not paying is stupid. Paying means no risk of CCJ sticking, and does not stop you from appealing IF you decide to do so.
Look I get you feel this is terribly unfair - and it is - but thats the risk with litigation. Its why lawyers will look to settle if they can, because then there is no 3rd party deciding. 
Your judge was wrong but likely in finings of fact and you stillh have not told us any findings of law they got wrong. DO SO and do so before posting again. Anything else is a waste of time. 

Who said they were not paying?  I will be paying that was the decision of the Judge and pay on in time.
I thank you for your reply, but I am here for help in understanding this, if you can not help or point out things, then please do not post.  Help others that know everything.

nosferatu1001

I was trying to get you to do something productive - identify an error in law. You havent found one yet. 
Im out.