PCN Received from New Generation Parking Management - Advice Required

Coupon-mad

B789 said:

Precisely the reason why there should be some sort of crowd funded pot where the idiot judges have to have their flawed judgments reviewed, either by appeal or review.

We know it is expensive and there is no guarantee of being successful. However, posting on here how outraged we are at a stupid judges findings when there are clearly issues with errors in law does not further the matter.

But those cases were  all appeals.  That level is more of a problem than first instance hearings.

Seems that you just get a much more out of touch Judge, the higher you go up the chain.

Better to attack it another way, and try to reduce parking claim numbers right down and generally keep private parking away from court altogether, by having a bespoke ADR to rescue cases.

That is the direction of travel of HMCTS I believe.

As long as the ADR used in future is the new DLUHC Single Appeals Service and not useless court 'Mediation' we'll be laughing. One day...

B789

@Coupon-mad I appreciate your valid points but what about judgements such as in this case where it is clear that the judge obviously did not have a clue about the issue she was sitting on. As you and others have mentioned, there are some errors and as this is not an appeal case, shouldn't we perhaps be trying to assist in getting the defendant appealing this?

Coupon-mad

I don't trust appeals.  So I say, sadly "no".

nero33

Appreciate everyone's comments, advice and (sympathy)!

Had a long drive last night and family had to put up with my moaning, whinging, complaining, judge cursing all the way back.

So the worst is out of my system and I'm now not blaming myself or poor preparation etc.  I just didn't stand a chance due to factors beyond my control.

Clearly stumping up the £293 will hurt but again there's nothing I can do about it.

Thanks again!

Trainerman

B789 said:

Precisely the reason why there should be some sort of crowd funded pot where the idiot judges have to have their flawed judgments reviewed, either by appeal or review.

We know it is expensive and there is no guarantee of being successful. However, posting on here how outraged we are at a stupid judges findings when there are clearly issues with errors in law does not further the matter.

I would be up for something like that. I contributed to Wilshaw. However, there would have to be some way of ensuring the money was used for an obvious poor decision, as shown above. We do not want to be helping muppets who cannot be bothered to defend well....... or maybe even park well !

Obviously, @Coupon-mad has seen more of this than anyone, so her reticence is based from real knowledge. I would just like to find a way of helping those who have been let down by a poor system.

nero33

Trainerman said:

B789 said:

Precisely the reason why there should be some sort of crowd funded pot where the idiot judges have to have their flawed judgments reviewed, either by appeal or review.

We know it is expensive and there is no guarantee of being successful. However, posting on here how outraged we are at a stupid judges findings when there are clearly issues with errors in law does not further the matter.

I would be up for something like that. I contributed to Wilshaw. However, there would have to be some way of ensuring the money was used for an obvious poor decision, as shown above. We do not want to be helping muppets who cannot be bothered to defend well....... or maybe even park well !

Obviously, @Coupon-mad has seen more of this than anyone, so her reticence is based from real knowledge. I would just like to find a way of helping those who have been let down by a poor system.

I personally wouldn't take money from anyone in this situation, however hard done and aggrieved I feel.  Although I couldn't afford an appeal unfortunately.

More than the money it's the time I invested in going through the system from day 1, with all your help.

The reading up, researching and digesting parking law etc.

The 50+ hours I put just into the defence and then my witness statement bundle etc

And the stress & occasional sleepless night.

And now a sense of failure and embarrassment in front of people I know who were confident I'd be successful

Galloglass

And now a sense of failure and embarrassment

You're being far too harsh on yourself. You did what 99.9% of people would have done and followed the instructions of people who should have been in the know. The text exchange should have alerted a more experienced judge to oral permissions, but you got the short straw on the day.

There is still the problem of what you'll have to do when you go back to that site again, which is an issue for the TA as they ought to have sorted this.

nero33

Galloglass said:

And now a sense of failure and embarrassment

You're being far too harsh on yourself. You did what 99.9% of people would have done and followed the instructions of people who should have been in the know. The text exchange should have alerted a more experienced judge to oral permissions, but you got the short straw on the day.

There is still the problem of what you'll have to do when you go back to that site again, which is an issue for the TA as they ought to have sorted this.

Thankfully we'll never have to go that site again as no longer tenants there, although we'll contact the agents and let them know that the courts decided that they were impotent and anything they said was to be taken with a pinch of salt!

Coupon-mad

You realise you could sue the MAs for your loss?

They caused this and are liable for the actions of their agents who are enforcing in a way that interferes with an existing easement or grant that you were entitled to rely upon.

I doubt you have the appetite though, now you've seen the calibre of some County Court Judges.

Please do come back when the Public Consultation opens.  A positive line to draw under it all.

nero33

Coupon-mad said:

You realise you could sue the MAs for your loss?

They caused this and are liable for the actions of their agents who are enforcing in a way that interferes with an existing easement or grant that you were entitled to rely upon.

I doubt you have the appetite though, now you've seen the calibre of some County Court Judges.

Please do come back when the Public Consultation opens.  A positive line to draw under it all.

MA? The apartment complex managing agents?

We will be contacting them in a few days and explaining how we feel they're in part responsible for this.  Not sure how to approach it at the moment.

But I definitely don't have the desire to engage with anyone on parking matters at the moment.  Still a bit bruised!