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JUDGEMENT OR ORDER RE PRIVATE PARKING TICKET

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Comments

  • Umkomaas
    Umkomaas Posts: 43,638 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    he agreed that gladstones complied with pofa 
    Gladstones have nothing to do with PoFA!  It is the PPC that had to comply with PoFA. Did the Judge really state that Gs (rather than Horizon) complied with PoFA, therefore making you liable?
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Private Parking Firms - Killing the High Street
  • must be horizon
  • Umkomaas
    Umkomaas Posts: 43,638 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Umkomaas said:
    he agreed that gladstones complied with pofa 
    Gladstones have nothing to do with PoFA!  It is the PPC that had to comply with PoFA. Did the Judge really state that Gs (rather than Horizon) complied with PoFA, therefore making you liable?
    must be horizon
    Sorry, either it was, or it wasn't. You were the only person present, so we need to take your word for whichever it was. I worry that if this imprecision leaks into an appeal, the uphill gets even steeper. 
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Private Parking Firms - Killing the High Street
  • no a private van but i allowed the guys use of it 
  • i must have miswrote this but im sure sure he said horizon 
  • BrownTrout
    BrownTrout Posts: 2,298 Forumite
    1,000 Posts Third Anniversary Photogenic Name Dropper
    sorry have to say this sounds confusing...... so i am thinking given this confusion is an appeal worth it..
  • sorry i should have put horizon , i kept thinking i was up against gladstones
  • Snakes_Belly
    Snakes_Belly Posts: 3,704 Forumite
    Seventh Anniversary 1,000 Posts Photogenic Name Dropper
    edited 15 December 2020 at 10:24AM
    I can see this from both sides. The OP may struggle with presenting the case however judges should be held to account when they get it wrong otherwise nothing will change. 

    Appealing is the only way to call out a judge for misinterpreting the law. The Judicial Conduct Investigations Office is more about their conduct during a hearing such as swearing, falling asleep or misuse of social media. 

    Odd that they can very easily bought to account for posting something trivial on social media and yet err in law and the losing party has to throw yet more money and jump through more hoops in seeking justice.

    Lets hope that the lead adjudicator of the single appeal's service is well clued up on parking law. 

    Nolite te bast--des carborundorum.
  • Snakes_Belly
    Snakes_Belly Posts: 3,704 Forumite
    Seventh Anniversary 1,000 Posts Photogenic Name Dropper
    edited 15 December 2020 at 10:40AM
    sorry have to say this sounds confusing...... so i am thinking given this confusion is an appeal worth it..
    If there is a reasonable certainty that the judge has erred in law perhaps it is worth it.  If the facts are vague it's throwing more money at it with no certainty of outcome.  The OP would need representation.

    Nolite te bast--des carborundorum.
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