Help Please... NCP PCN BW Legal

beamerguy

I think you need to really think about your next step.  You are already know that appealing can be difficult. BWLegal discovered that in the Southampton case.

In my view, you can take this to another level. I think you have seen from the posters that the judge made an error and did not take into account all those mentioned here.  
I would put down on paper all the errors the judge made and contact the Lord Chancellor and Secretary of State for Justice,  Robert Buckland QC MP with a copy to the Shadow Secretary of State for Justice, David Lammy

The question to ask is "why the county court system fails the public and the Supreme court"
Then tell your story which is clearly seen on this thread.
You of course must name the judge, the court and case number.

This can do you no harm and you never know what will come of this. 
That is what I would do

Mrplay123456

nosferatu1001 said:

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

Sorry, I am still not with things yet, no sleep for 2 days and this is getting to me. Many personal family problems, but this no excuse.
The main reason I posted to ask, was to see if it is worth an appeal or just shut up. Just let the rest of the people that will get tickets in the future, fend for themselves.
But the Judge (I think I have seen Him before, many years ago, will check when I have time) did not accept things in my WS and on the day, I would say that his mind was already made up from reading the statements before hand.
With a view to help others in the future with the AoP and court dealings, I would share my experience with others in the future.
If I did not appeal this Judgement, then BW would be free to open the flood gates and even use my case as evidence that they can claim and charge what ever they want.
I would like to appeal and for a few more reasons that I have not looked at yet, also the look on the Judges face when I asked about appealing his ruling, trying to deal with one thing at a time with some help from this forum.  No one has to comment or supply any advise, this is how I do things on other groups and forums I am a member of.
I know the regular people on here give their time freely and help others as much as possible.  If people can help me, then I am sure in return, I will help others in the future, hopefully take some load off the others and I will have also be involved with BW and NCP in other dealings with me in the future on other matters.
As BW quoted this forum in the WS many times, I think it would be better to fight them instead of each other on how better to help others and myself in the future.
If the feeling I get in the next few weeks is that I am wasting the forum members time and mine, then I will just simply let it go and get on with my many other problems.
If anyone else is likely to be in front of my Judge then they will lose even before they start to talk.

nosferatu1001

If you've not slept, then 
stop
posting
You are not helping yourself, as you are not able to analyse what you need to do in order to be productive
BW will not be free to open the flood gates, as your ruling has zero - zero - precedental value. 
As I said: that is the definition of legislative risk. Its mentioned all over the forum - that you cannot control the judge. 
I am with bargepole. You will not get anywhere with an appeal. 

D_P_Dance

I am with bargepole. You will not get anywhere with an appeal. 

I disagree, for the cost of a weekend in Blackpool give it a try'

Johnersh

I agree with Bargepole's take.

FWIW my view is that it will rarely be worth investing in the costs of an appeal on a low value ticket. Multiple tickets or obvious misreading of evidence may be different, but neither apply here. 

Reading between the lines, the general issues were raised as suggested on the forums, but not the intricacy of the points, which may be why the punches didn't land - they weren't fully argued.

Yes the sign refers to additional costs, but which? There's £60 to find... where is the itemised schedule of costs incurred? The claimant should prove that. If its liquidated damages (ie. A notional punitive sum) that needs to be expressly stated in the wording of the contract - much like the scale of charges in a credit card contract for exceeding limits or missed payments etc. 

I'd guess the ppc brushed this off as "yet another template farrago" majoring on a case that has now been appealed to cast doubt on the quality of all the arguments you raised.

The points to flag for the judge are not an abuse of process in isolation, but to ask:
* if the debt collectors work on a conditional fee basis & recovered nowt, how are those incurred?
* if legal fees are claimed separately (and appear to have been disallowed) then what are the charges? 
* how can you agree unspecified costs on a contract? If they claimed £600 would the DJ permit it? 

Interest was presumably reduced to 2% because the ppc claimed interest at 8% from the date of parking, not the date that proceedings were issued, and on the full costs (to include the £60 added only later).

I worry based on what I've seen on here that the o/p is not well placed to improve on or explain the arguments, much less establish a DJ was wrong to make the findings on the points raised before him/her. 

D_P_Dance

my view is that it will rarely be worth investing in the costs of an appeal on a low value ticket.

Who mentioned investments?   When my wife was wrongly accused of shoplifting I ran up legal bills of £10,000, the CPS backed down and I got every penny back.  

Umkomaas

@Mrplay123456 - just so you know, @Johnersh is a lawyer.

Johnersh

 When my wife was wrongly accused of shoplifting I ran up legal bills of £10,000, the CPS backed down and I got every penny back.  
Stakes are slightly higher there. And fwiw, under LASPO you'd unlikely see any of it back. But I'm sure there's a point there. 

Snakes_Belly

Mrplay123456 said:

Stoke on Trent, Staffordshire

Which judge? 

Mrplay123456

Snakes_Belly said:

Mrplay123456 said:

Stoke on Trent, Staffordshire

Which judge? 

Grithiths