Questions about Schedule 4 of POFA

ihatetrump

The Claimant in their skeleton argument have used it to rebut and attack matters within my WS & supplemental WS at the same time raising new (and irrelevant) facts while clearly trying to 'gloss over' and omit issues of landowner authority, signage and a lease that had in fact (under the Terms of the lease) expired and with it the Management Agreement. They have attacked my knowledge without one shred of evidence or fact.

The final line of their skeleton speaks as to why they issued it in the first place:

'It is submitted that in all of the above circumstances, the Defendant's Defence amounts to unreasonable behaviour'

It seems to revolve around costs more than anything else.

ihatetrump

Hearing concluded - unfortunately not a satisfactory outcome - basically lost including £60 add on of costs.
 
Despite my preparation, I was too much of a nervous wreck and bundled through - not an enjoyable process.

gadjo

Sorry to hear that. Could you expand further?

ihatetrump

I think I have to be careful based on the warnings I received at the hearing commencement. Basically failed on landowner authority and it snowballed from there. 

I am more determined than ever however to take these cowboys on - not a personal vendetta, just a mission!

D_P_Dance

- basically lost including £60 add on of costs.

Were these  debt collector costs?  If so why were they allowed?

ihatetrump

D_P_Dance said:

- basically lost including £60 add on of costs.

Were these  debt collector costs?  If so why were they allowed?

Yes they were - included on the signage in the car park and judge deemed allowable:

Trainerman

Really sorry to hear of your loss @ihatetrump. Didn't you have them on non PoFA or am I getting confused?

BrownTrout

ihatetrump said:

I think I have to be careful based on the warnings I received at the hearing commencement. Basically failed on landowner authority and it snowballed from there. 

I am more determined than ever however to take these cowboys on - not a personal vendetta, just a mission!

What warnings exactly did you receive?
The hearing was a "public" hearing anything discussed at the hearing can be fully disclosed here, it was not a hearing held in "camera (ie a private hearing)"

Coupon-mad

Everyone - at every single hearing - is warned at the start not to record a hearing, that's normal and against strict court rules.

But you are allowed to tell the world what was said.  You can write publicly about it if it was not a closed hearing (unlikely).

I thought you had a non POFA case where you were not driving in which case the Judge was wrong unless they found on the balance of probabilities that you were the driver.  No presumption can be made and POFA doesn't pass if the stipulations in Schedule 4 are not met.

Sorry to hear you lost.  We get one or two and usually where the Judge is against you from the outset.  Is that how it seemed?

D_P_Dance

Many judges have ruled that these charges are not allowable in the circumstances you have highlighted.

IANAL but in my opinion, (not a humble one by any stretch), this judge may have erred in law, read this

https://www.natlawreview.com/article/judge-got-it-wrong-now-what-do-i-do

and. if you agree, complain about the judge after reading this

https://www.gov.uk/complain-judge-magistrate-tribunal-coroner