Defence for PCN court claim

Boat_to_Bolivia

comeupance said:

Hi everyone, it's been a long wait but I finally went to court yesterday and I lost my case. Just to remind everybody the PCN from VCS was for stopping where stopping is prohibited at Southend Airport. My defence was I was the keeper and not the driver and that it is not relevant land for the keeper. That the stop was for an emergency and the byelaws allow for that and that the place where the images were recorded was not in the claimants enforcement boundary and the £60 added was double recovery. Unfortunately the DDJ took the side of VCS and decided that they had the right to pursue the keeper because  their contract allowed them to. I knew when the judge said he didn't know what POFA ment that I was in trouble. Only one good thing came that came from it was that judge didn't allow the £60.add on.

It really doesn't bode well that the Judges overseeing these cases don't really know their !!!!!! from their elbows.

That's the English justice system for you but I expect it is no different in other countries. 

Coupon-mad

That's appealable. Judge erred in law.

comeupance

Thank you all for your comments.
Coupon-mad how do I appeal and how much does it cost and how did the judge err in law?
Thank you.

Le_Kirk

comeupance said:

Thank you all for your comments.
Coupon-mad how do I appeal and how much does it cost and how did the judge err in law?
Thank you.

This from Auntie google.  
https://www.gov.uk/government/publications/form-n164-appellants-notice-small-claims-track-only
@Jenni_D told you how the judge erred in law.

B789

If you do decide to appeal, these are the questions that the judge considering your application whether to grant you the right to appeal will be considering:

Does it appear that there are conflicting authorities?
Is there a point of practice and procedure of significant importance?

Is there a point of general principle and importance in the development of the substantive law?

Are there a number of appeals on similar points to suggest that a theme, or trend is developing that the Court of Appeal needs to consider?

comeupance

 Thank you Le_Kirk & B789 for your help.
I would dearly love to appeal however it seems the costs could be high especially if you lose. I will take a few days to think about it. Can anyone tell me if I can still appeal after I have paid the claimant? I have 14 days to pay.

Coupon-mad

No you can't.

comeupance

Hi everyone, I have decided to pay VCS as much as it sickens me. I wonder if anyone can help me please with the payment. The judge said £200 which was £100 charge, £25 issue fee, £25 hearing fee, £50 solicitor fee. VCS say it is £235, now I know there is an interest of 8% and it has been 3 years since the alledged contravention. Can anyone tell me if the 8% is added to the fee's, and does £235 sound right. On my calculation it sounds about right if the 8% is added to the fee's.

Coupon-mad

You need to see the Order of the court.