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

beamerguy

Keep trying until you get through
1: Unfair hearing
2: DJ had not familiarised himself with the stated cases I had referenced in my WS?
3: How can judgement be made when a judge admits himself he has not read everything

ncw2509

IS there any point making reference to the DJ's interpretation regarding Grace Periods?? 

nosferatu1001

Yes, of course. The CoP specifies two different grace periods, not one. Theyre wrong. 

ncw2509

Anyone know of any stated cases re grace periods - in favour of defendant obvs.  

zhonguonuren

zhonguonuren said:

It costs quite a lot I’m sorry to say. You can try to narrow it down to the section you are most interested in.  I obtained the judge’s summing up which was about 14 minutes in a 90 minute hearing and paid £120.  It was worth it to me (for the perjury element).  

Just to be clear, this was not my successful case against the DVLA (for breach of GDPR) as there was no need for the transcript. It was a high value claim - hence it was worth the cost.  

This is so wrong it should be appealed but I can understand why anyone would be put off by the costs/time/aggravation. 

Whoever raised the question, an audio of a civil hearing  is only allowed in very exceptional circumstances and sadly this would be quite a common occurrence. In any case the OP could just refer to it in a complaint.  

D_P_Dance

https://www.racfoundation.org/media-centre/private-parking-grace-period-reaction

Snakes_Belly

What is annoying is that they forced you into this telephone hearing and then the judge did not have time to read the WS. You wanted the case adjourned. 

Coupon-mad

ncw2509 said:

AM I not interpreting the grace periods correctly??? Any thoughts?

Anyone know of any stated cases re grace periods - in favour of defendant obvs.  

Too late to ask for cases you didn't include - and can't add now even if you appeal - but yes, cases are often won on 'grace periods' (plural).

You needed to have had the BPA article by Kelvin Reynolds in evidence.  It says that an observation period on arrival was different then the grace period at the end.

I am horrified that a Judge has accepted landowner authority for a claimant who we KNOW often trots out Creative Car Parks Ltd contracts, and has no contract in their name. 

Fancy asking for leave to appeal (court form needed and £120 I think) on the basis of:

(a) error - failure to consider the fact that CEL do not have landowner authority, cannot be assumed and often they do not
(b) error - incorrect interpretation of the observation period and grace period, that the BPA have clarified in an article and clearly relate to two different periods of time, given a person has to be allowed minutes to find a space and park.
(c) failure to read the evidence provided by the Defendant, in terms of an exaggerated claim tainting the whole sum claimed, yet he assumed non existent evidence for the claimant.

You CANNOT do this by phone but you can ask the court to tell you which form to download for an appeal, as I can't recall!

beamerguy

Surely C-M, an appeal will cost whereas a complaint to the Circuit Judge is free and could well have better results and the judge will be interviewed

Coupon-mad

There is no mechanism for a 'complaint to a Circuit Judge'.  No such thing.
The OP has the option of an application and an appeal....to the Circuit Judge.