Parking ticket received at work/Being taken to Court

Coupon-mad

D_P_Dance said:

You can listen into a court hearing as a member of the public.

How would that work is, say, 20 people applied?  Perhaps we should organise an audience of volunteers.

No point volunteering 'cos you can't speak, you must mute yourself, so you can't affect the case nor record it (of course, that would be a contempt of court and recording it is a criminal offence).

So, all I am saying is, if you know of a case (claim number and date/time of hearing) in advance, you can ask the court to listen in.

aimeeb249

Hello everyone,
Just got off the call a few minutes ago, and I'm quite annoyed.
The Judge had not received anything from Civil Enforcement Ltd - no witness statement, evidence, costs etc. He said he had been checking for half an hour, as well as with the office and there was literally no record of anything. 
The Judge said he would adjourn the hearing and I will receive another notice of hearing at some point (no eta). 
I would have expected in these circumstances that the Judge would proceed with the hearing regardless - as Civil Enforcement had more than enough time to make sure they sent it to the Court. I'm not sure if I would have been given the same grace if it was me?
Was really looking forward to ending this but anyway, whenever the hearing does eventually take place I will update you all!

nosferatu1001

You could have asked for that - that surely a sanction for failing to comply with the court order would  be to strike outthe claim. 

Le_Kirk

aimeeb249 said:

Hello everyone,
Just got off the call a few minutes ago, and I'm quite annoyed.
The Judge had not received anything from Civil Enforcement Ltd - no witness statement, evidence, costs etc. He said he had been checking for half an hour, as well as with the office and there was literally no record of anything. 
The Judge said he would adjourn the hearing and I will receive another notice of hearing at some point (no eta). 
I would have expected in these circumstances that the Judge would proceed with the hearing regardless - as Civil Enforcement had more than enough time to make sure they sent it to the Court. I'm not sure if I would have been given the same grace if it was me?
Was really looking forward to ending this but anyway, whenever the hearing does eventually take place I will update you all!

It does annoy me when I see decisions such as this.  The claimants are (supposed) to be professionals and are, in my opinion a) afforded far more latitude than they are due and b) more than the defendant, where we often read of judgment given to the claimant!

Coupon-mad

This is typical of the courts, who I have seen with my own eyes, cut more slack to Claimants than Defendants.  Most unfair.  Some Judges would have told CEL their claim must fail if they were unable to show that they had filed/served their evidence and WS.

BUT IT IS GREAT YOU ARE BACK IN TIME TO DO THIS:

Please now make a real difference - A TASK FOR SEPTEMBER.

The Government is (this month only) consulting about a new statutory code of practice (CoP) and framework to rein in the rogue parking firms.  Read and comment on the draft CoP proposal and the enforcement framework consultation, and get everyone you know to do the same.

You will need to register to comment on the CoP and enter an occupation even if you are retired or a homemaker, but otherwise it is easy to navigate, and comment upon each section/subsection individually. You can save comments to edit later and or submit comments once you are happy with them.

https://standardsdevelopment.bsigroup.com/projects/2020-00193#/section

You do not need to register to comment on the enforcement framework which can be found here. It has a link on page 5 to make comments.

https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/913272/Code_Enforcement_Framework_consultation.pdf

At the very least, we say the parking charge level should be £50/£25 or higher level £70/£35, as per Council PCNs in E&W.  

And we say the added fake 'debt recovery' costs are just double counting the cost of letters, and MUST GO because that is unfair and illegal.

Please be heard.  You can bet the hundreds of PPCs will be commenting.

No apologies for repeating this vital 'call for action' to consumers, on every thread this month!

aimeeb249

Hello everyone,
So since my last post, the second hearing came and the defendent yet again had not sent their evidence.
The judge, for whatever reason, gave them another chance to send it, this time via post and adjourned the hearing.
I've just returned from the hearing (well via BTMeet) and the Judge ruled in favour of Civil Enforcement and has ordered I pay them £201.59 within 14 days.
The Judge agreed that I was an employee on the dates in question, and that employees are permitted to park but says the fact there's no evidence my employer sent my details means I breached the contract.
I have no idea how I was meant to get evidence from my employer of this, I asked them and they said Civil Enforcement would have the email, which they say the didn't. I also don't know why I am liable for them not entering the details I provided into the system - the only thing I can do as an employee is give my details, and I did! I had no access to their system.
I really wish I could appeal this.

Ferrybird

This is really a shame. I admired your grit and determination while reading your thread, and hoped that you'd have a positive outcome. This is the difficulty with litigation and 'Judge bingo'.

Did you ask the Judge whether you could appeal the decision? I believe from advice I've seen to other posters that you can appeal if you feel the Judge has erred in law.

Maybe when one of the regulars sees your thread they will comment and give you an idea on what this might involve, and whether this is a realistic option. I suspect you're someone who has probably started looking in to this anyway!

I don't know if this is a completely wacky idea born out of night shift madness but I wonder about making a claim against Home Bargains for the amount you've been ordered to pay on the basis that the manager said they'd add your reg to the whitelist. I'm probably about to get told to wind my neck in / go to bed....

Half_way

A claim against home bargains, if they were your employer is certainly a possibility, even more so if the following applied:
You were instructed to park there by your employer (home bargains)

your employer (home bargains ) failed to instruct its agents ( the parking company) correctly of your vehicle being in the car park

As a rest of errors made by your employer at the time, you have suffered a direct lose such as financial, and/or have suffered from stress

D_P_Dance

IMO you have cause to complain about the manner in which the judge has handled the complaint.   You may also have a good chance of winning an appeal, but others may think otherwise.  I know what I would do

Ralph-y

aimeeb249 .... that does not look a sound judgment to me .... but until some of the more experienced comment then wait.

Re a claim ... do you still work for HB?

Ralph