CEL COURT HEARING NOW BEING HEARD OVER TELEPHONE DUE TO COVID 19 PANDEMIC.

henrik777

Further, there is only a suspicion that a court appearance may have been different. Whether sight of a document would have changed anything is pure speculation.

Umkomaas

There's some rather unhelpful advice being suggested of late. Newbies read regulars' advice as being gospel and legally watertight, when clearly it is often anything but. I think it is incumbent on those dispensing such advice, especially at this extremely difficult time, to do so only when they are confident in the advice they are giving, can back up that advice with clear precedent and with the commitment to take the newbie right through the entire process of following and expediting that being suggested. 

Otherwise, imho, it's little more than mischief-making. 

beamerguy

henrik777 said:

Further, there is only a suspicion that a court appearance may have been different. Whether sight of a document would have changed anything is pure speculation.

Trouble is the judge admitted he had not read everything ?   that is not speculation

Fruitcake

As I said two days ago, anyone can request access to the audio from a remote hearing in private. I suggest the OP does this, makes their own transcript, then formulates a complain using the exact words spoken by the judge and claimant's rep. By the reps own admission, they intended to ambush the defendant with evidence on the day, having failed to provide it in accordance with the CPR at the prescribed time in advance of the hearing.

https://www.justice.gov.uk/courts/procedure-rules/civil

116th PD Update to the Civil Procedure Rules

Practice Direction on Video or Audio Hearings in Civil Proceedings during the Coronavirus Pandemic

New Practice Direction 51Y

"Where a remote hearing is either audio or video recorded, any person may apply to the court for permission to access the recording."

nosferatu1001

But you still need a transcript for appeal...which costs. 

BrownTrout

Why are we advising someone on here to spend their money like this.yes we might not be happy with the ruling , but for one I think this is poor,its so easy to say how the judge got it wrong. It is not a good financial calculation to appeal this.  Pay the judgment and move on.. forget phoning the court....
Ps Its form n161 but put your money away.
A complaint will get you no where

henrik777

beamerguy said:

henrik777 said:

Further, there is only a suspicion that a court appearance may have been different. Whether sight of a document would have changed anything is pure speculation.

Trouble is the judge admitted he had not read everything ?   that is not speculation

It's not indeed, but we have no clue if it would've made any difference to the result.

beamerguy

BrownTrout said:

Why are we advising someone on here to spend their money like this.yes we might not be happy with the ruling , but for one I think this is poor,its so easy to say how the judge got it wrong. It is not a good financial calculation to appeal this.  Pay the judgment and move on.. forget phoning the court....
Ps Its form n161 but put your money away.
A complaint will get you no where

A complaint is free BT even if it is to the secret club

Coupon-mad

ncw2509 said:

So if I want to get it overturned, it has to go to an appeal - which either way will cost me more money?

Yes, as I and henrik777 told you (unless you qualify for help with fees on low income grounds). 
Complaining will get you nowhere at all, so decide if you want to appeal.

Miss Jopson lost first, then appealed and won - or we wouldn't have Jopson v Homeguard.
Mr Smith lost first, then appealed and won - or we wouldn't have Excel v Smith.

Many others have done before you, but it is up to you and you can claim the £120 back if you win.

I quoted Kelvin Reynolds article in my defence. I also sent an email to the courts with a hyperlink of this article on Monday to make sure the Judge was reminded of it before the telephone hearing .  He clearly still felt that only ONE grace period applies.

Great!  So he ignored your clear evidence that the BPA say there were TWO separate periods of grace, one before and one after the parking event, and he imagined evidence for the Claimant that didn't exist, a claimant who is known to have dodgy contracts (Clay v CEL)!

ncw2509

Thank you Coupon MAD - I've googled the Clay v CEL but nothing coming forward - do you have a link to follow for this case.?
Many thanks