PCN Claim from 2020

Mrscompliant

The Judge didn't really do anything and she didn't see how it was relevant to the case. As in, if i am not liable/was the driver how would that bear any relevance.

B789

Mrscompliant said:

The judge found some very valid points in my case however they were not enough to convince Judge that i was not the driver. Judge claimed that if i had not been driving i should have nominated a driver for when pcns came. Judge claimed on the basis that the C were pursuing me as the driver that Judge will find in their favour.

Essentially the Judge was not convinced that i was not the driver based on the evidence provided. And that becuase i am ‘young’ that i should be able to remember who was driving and that 2020 was not so long ago.

Wasn't Judge Dack by any chance?

Are you sure you have the above correct? On what basis did the judge say you "should have nominated" a driver? On what point of law can a Judge tell someone that they should be able to remember who was driving a car on an unremarkable day 3 years ago because they are "young"?

Which court?

Mrscompliant

B789 said:

Wasn't Judge Dack by any chance?

Are you sure you have the above correct? On what basis did the judge say you "should have nominated" a driver? On what point of law can a Judge tell someone that they should be able to remember who was driving a car on an unremarkable day 3 years ago because they are "young"?

Which court?

I should have nominated a driver for when i received the pcns and not ignored them. Otherwise we would not have gotten to the court hearing and the claimant would not have had unpaid parking charges.

I don’t know why the Judge kept saying that 2020 was not so long ago and that i should be able to remember. I genuinely have trouble remembering things even if you think i am “young”. 

Even now i couldn’t tell you word for word what was said during the hearing because i have trouble remembering things, but just the gist of it. 

I wasn’t very vocal during the hearing, obviously since it’s my first time in court and i just used the points and help suggested from this forum. I tried to get my point across as not being the liable as the driver as i was not the driver, but i guess i couldn’t convince the judge so. I still feel sick thinking about the judgement and now what’s left is to pay. The judge agreed to have me pay in instalments across 6 months, maybe the only positive thing. 

Mrscompliant

Another thing i should have done is taken notes. I didn’t know you could and thought it was just a talking session until i saw the claimant taking notes.

For anyone else in future hearings, take notes. A laptop or table would work.

KeithP

Mrscompliant said:
The judge agreed to have me pay in instalments across 6 months, maybe the only positive thing. 

Whilst that may look to be in your favour, delaying payment beyond a month will make it difficult for you to obtain credit - think mortgage, hire purchase, phone contract, etc. - for six years.

Coupon-mad

Yes this will give you a CCJ and ruined credit rating for six years if not paid in full within 30 days.

The last thing you want is to pay in instalments.

Better borrowing the money from family and paying that person back in instalments.

And she was wrong: a registered keeper does NOT have a duty to 'nominate' a driver to a rogue private parking firm.  Not that it matters now, but she was wrong to suggest that was some sort of fault on your part.  No such duty exists.

B789

Mrscompliant said:

Another thing i should have done is taken notes. I didn’t know you could and thought it was just a talking session until i saw the claimant taking notes.

For anyone else in future hearings, take notes. A laptop or table would work.

Thank you for keeping us updated. It looks like you got a terrible Judge. Judge Bingo.

If there's a silver lining to this, it's the fact that you got 4 x £60 or £70 removed from the total. That's going to really upset the PPC/Solicitors because that c£250 would have been the bit they were scamming for.

Mrscompliant

Coupon-mad said:

Yes this will give you a CCJ and ruined credit rating for six years if not paid in full within 30 days.

The last thing you want is to pay in instalments.

Better borrowing the money from family and paying that person back in instalments.

I don't understand, i worked out a plan with the judge to pay in instalments since i am unable to pay everything upfront. 

Even though I agreed to pay monthly, does that still mean, when the written judgment comes through that i will have to pay everything in full?

B789 said:

Thank you for keeping us updated. It looks like you got a terrible Judge. Judge Bingo.

If there's a silver lining to this, it's the fact that you got 4 x £60 or £70 removed from the total. That's going to really upset the PPC/Solicitors because that c£250 would have been the bit they were scamming for.

I actually blame my myself, after the Judge told me that she was not convinced that i wasn't driving, i was lost for words and eating my own words. If i had more confidence, i believe that i could possibly have been held not liable. 

Even until now i am thinking about the hearing even though it's over but it's still affecting me mentally and my everyday life. I really wish i wasn't put in this position.

KeithP

Mrscompliant said:

Coupon-mad said:

Yes this will give you a CCJ and ruined credit rating for six years if not paid in full within 30 days.

The last thing you want is to pay in instalments.

Better borrowing the money from family and paying that person back in instalments.

I don't understand, i worked out a plan with the judge to pay in instalments since i am unable to pay everything upfront. 

Even though I agreed to pay monthly, does that still mean, when the written judgment comes through that i will have to pay everything in full?

It really is quite simple.

Whether you have an agreement or not, if you don't pay the full amount in the timescale allowed then there will be a marker on your credit file for six years.
That marker will hamper any attempts by you to obtain credit for the next six years.

If you can live with that restriction for six years then your plan is fine.

Mrscompliant

I have received my Judgment letter. What is the correct procedure to follow?