JUDGEMENT OR ORDER RE PRIVATE PARKING TICKET

bargepole

Snakes_Belly said:

 The OP would need representation.

And therein lies the problem.

There is no automatic Right of Audience for a Lay Rep at an Appeal hearing, and although the Judge has discretion to allow any person to be heard, this is very rarely exercised.

Instructing a barrister to make the submissions on behalf of the Appellant is unlikely to come in at under £500, which is more than the Judgment sum.

Coupon-mad

i am currently diagnosed as having Mental Health issues and am on anti-depressants and am really fearful about this call from the court.

The above is from the OP's first post.

If he appeals, I can't handle it all the way through due to time constraints (I plan to be working full time for part of next year) but I am happy to do the phone hearing for this OP.  However, he would need to write to ask for permission to use a lay rep and he'd have to attend the call himself too. 

Due to the above medical conditions he should ask for this, by way of a reasonable adjustment under the Equality Act 2010 and because the appeal will be about the POFA 2012 and he is suffering from acute anxiety and can't handle this alone, he needs a person who is familiar with explaining that law in court.

Permission to use a lay rep is not guaranteed but I think the 2 reasons above are about as compelling as a LIP could have.

As long as this van is not registered in the name of a company and the driver was not acting on company business.

roythefone

ok i will appeal ahd follow advice as above and in future,how do i appeal?
the van is not registered in the name of any company and the driver was not acting on company business

Coupon-mad

Send @BrownTrout a pm as he has offered to pay the fee and that will have to be done at the same time as your form is sent:

https://www.gov.uk/government/publications/form-n164-appellants-notice-small-claims-track-only

What I don't know is if you have to wait for the judgment/order confirming the wrong decision to arrive in the post.

You must also get the hearing transcribed, so ring and ask the local court about that and which transcription companies they deal with and how to contact them for an estimate of cost (BrownTrout says he'll contribute to that too as long as you undertake to pay him back, but he'll need that in writing from you off-forum).

What did your Judge say about appeal?  He will have mentioned it.

roythefone

i am 99.9% sure  the judge never mentioned anything to do with an appeal

Coupon-mad

They usually announce at the beginning 'one of you will be disappointed and blah blah...' (about appeals).  But they don't always. 

Didn't he say anything at the end - he MUST have been unsure about his decision about the POFA because it was shockingly wrong, he must have felt it was not well considered surely - it's a bloody simple bit of legislation too.  How on earth did he disagree that the NTK was served too late and didn't have POFA words on it?

1505grandad

OP first post states:-

"In Febuary  this year i entered my defence via MCOL then got a  judgement of order from the county court in July."

Would it be helpful to see what was actually stated in the defence  -  hopefully nothing similar to what the OP posted on

15th Sept:- 

https://forums.moneysavingexpert.com/discussion/comment/77589540/#Comment_77589540

"is there another witness statement link to my actual situation? which was.....a unknown driver used  my business van   and parkerd on private land"

AND  -  Le_Kirk posted 11th Nov:-

https://forums.moneysavingexpert.com/discussion/comment/77770630/#Comment_77770630

"I hope you didn't submit a defence via MCOL but used the e-mail address provided in the NEWBIE sticky."

Cannot see any response to this.

roythefone

i did post that i submitted a defence via MCOL and i stated that i used a pre 2020 template which i used in 2019 after advice from this forum 

roythefone

the witness statement was different 

roythefone

witness statement @blancswann