JUDGEMENT OR ORDER RE PRIVATE PARKING TICKET

Le_Kirk

The something else was probably the hearing fee of £25.  The first £25 would have been the filing fee.  The £50 wold have been allowable legal fees.  Anyway hard luck on your defeat.

Coupon-mad

roythefone said:

i lost my case as the judge challenged the claimant about pofa 2012 she then directed the judge to paragraph 6,8,9 after taking some time to look at it and requestioning her about it he then agreed it was valid. and liability was on me
he refused any contractual charge so it was £70 pcn £9 interest 25 court cost £50 fees and something else made a total of £179,
we went out for a settlement of 140 from me and they wanted 180plus
all in the experence wasnt to bad considering i was bricking it but at first i really thought judge was goin to dissmiss it as soon as he opened up.

Hang on, this was HORIZON who do not use the para 8 or 9 mandatory wording (at all) and you said the NTK was posted after 14 days.

You pointed that out?

nosferatu1001

Indeed - surely lack of pofa compliance was included in your WS, and when asked you rebutted their assertion it  was right?

roythefone

i included lack of  pofa complience  in my witness statement the judge started out with this but she told the judge that the ticket is a notice to keeper and mentioned and read out the paragraphs above i challenged this and the judge looked again at the paragraphs
yes it was posted 26 days after so it was 13 days late ticket issued 23/03 ntk sent 26/04

Coupon-mad

Then the Judge erred in law, if the Judge found you liable as keeper, and didn't just assume or find as fact that you were the driver?

Are you eligible for hep with Court fees (Google it)?  If so, I think you should appeal this on an error of law (POFA) if you were held liable as keeper.

roythefone

the judge said i was honest that i was not the driver on the day and made me liable as the keeper, i am not on low income to qualify....what can be my next move?  

BrownTrout

I would mirror CMs advice

bargepole

BrownTrout said:

I would mirror CMs advice

I wouldn't.

Appealing is not for the faint hearted, or anyone with no real understanding of civil litigation.

It will involve paying out £120 for the application form (N164), then another £50 or so for a transcript of the Judgment, drafting a skeleton setting out the grounds on which the Judge erred in law, and then a hearing before a Circuit Judge (if permission granted) to argue the case, most likely against Counsel instructed by the parking company.

All with no guarantee of success at the end of it.

Coupon-mad

It would have to succeed because the NTK wasn't even posted until 3 weeks later - an error of law, without a shadow of doubt.

But if the OP couldn't voice that in this hearing (should have been an easy point to win) I would worry that he can do it for an appeal Judge.

BrownTrout

If the OP feels he could manage an appeal reflecting the advice of BP ill stick my neck out and make an offer to the OP.