Small claims court

Jenni_D

Huh? There is no law of agency in such a situation, so if you weren't the driver and they failed to transfer liability under PoFA, then there was no way IN LAW that you could be liable.

Terrible decision on the face of it, and it may be that the judge erred in law.

Coupon-mad

chenyu said:

Yes, I have received these letters. My defence was that at no point was my vehicle stationary or in a parking bay hence no ticket was needed as the signs around all we're about parking .here is the signs

chenyu said:

Hi everyone, so today ☹️. They just decided that because I entered onto private land it didn't matter if I parked I had entered the private land and that meant I entered into a contract to pay and display, nor did it matter if I was the driver or not I was the owner of the vehicle so I would be held responsible for it. I feel the judge had made this decision before I even entered the room. I know the justice system sucks but this just shows how injustice and how the poor are always made to suffer more if I could have afforded a lawyer maybe this wouldn't have happened.

Ah, so the Judge was satisfied that this sign was prominent (the parking charge in red does stand out I suppose).

Sad to hear your outcome. Sorry to hear the Judge had their mind made up already.

Did they fail POFA?  If so, then you could not be held liable in law.  Maybe the Judge thought they had complied?

Which court, and which Judge, please?

Did that Judge reduce the claim by the false added £60 or £70 extortionate 'DRA fee' and disallow the wrongly calculated 8% interest?

Are you ready to fight back with your one chance to change the law, you know about the upcoming Public Consultation?  You can make sure this never happens to people in future...do you know about that or do you need a link?

chenyu

Hi, the judge did not reduce the cost even when I challenged it and she disagreed with the 8% but went with 1%. So instead of £160 I have to pay £230. The judge was and the court was Plymouth magistrates

Coupon-mad

And do you need a link to what I said because you don't know what I'm talking about when I said "you have a chance to change the law", or are you already aware and ready to get your revenge through the Public Consultation in the New Year?

chenyu

Yes please

chenyu

Can I ask I have been reading about ccjs and I'm not finding what I'm looking for so 
1: can you appeal?
2: can you pay instalments 
3: if paid straight away will it come off your credit report 
4:does the money go to the court or creditors
5: do I wait for a letter to come regarding the ccj or could I phone up today and pay.

Last question not related to ccj can I put in a complaint about the Judge?

Jenni_D

1. Yes, but only if you can evidence that the judge erred in law
2. Yes, but you'll then still have a CCJ registered (marked as Satisfied). If you want to avoid a registered CCJ then you need to pay in full within the stipulated time (i.e. ASAP)
3. Yes
4. To the claimant, although may be paid via their legals
5. If you know exactly what to pay, and to whom, then maybe get it over and done with - it's not unknown these days for these shysters to jump the gun and go down the enforcement route after 14 days ... and given the current issues with postal strikes .......

Supplementary Q - I believe you can, I don't know the process though.

Coupon-mad

chenyu said:

Yes please

Ok, this is important for us all.  I am talking about the final Government Public Consultation about the amount of money private parking firms can charge and whether the false 'DRA fee' should be banned.

It is anticipated in the New Year.  Please don't forget!  Explained here:
https://forums.moneysavingexpert.com/discussion/comment/79310609/#Comment_79310609

We all need to ram the nail in the coffin of the false £70 'DRA fee' add-on, that actually funds the court claim and toxic CCJ culture, as well as the DRA gaslighting of people.

Please come back here when it opens, and you can make sure you don't miss the Consultation.

If you are not a regular reader, to be alerted you'll need to bookmark the thread by MSE_JC at the top of the forum - the one linked above - and enable (on your profile) email alerts for bookmarked threads.

Then join us when the Consultation opens.

chenyu

Can I also ask, if the judge was right is saying most of the information I had was out if date as I followed what was suggested on here to print out eg Beavis case and the 2015 POPLA .
Also I am confused as to the fact that the judge was banging on about being on privet land and that it didn't matter what u do on that land u still must pay. But my confusing as to why then did I have to purchase a parking ticket and not an entrance ticket also why in all the letters from ppst he wording is parking charge?

chenyu

Oh, and where can I find out information regarding that it doesn't matter about me not being the driver at the time that I am liable as the vehicle owner?