Being taken to court for two PCNs from VCS for stopping at Liverpool Airport in 2018

Snakes_Belly

I'm sorry that you have had a bad experience. The small claims court is suppose to be where litigants in person can hope for a fair hearing. We are not legally trained people and the judge should have explained to you what a Tomlin order entailed.

I would take a look at some of the judicial conduct statements and see if any of the circumstances apply to your hearing such as bias. Don't bother reading the JP's as they are usually because they do not attend enough sessions.
https://www.complaints.judicialconduct.gov.uk/disciplinarystatements/

Here is a typical statement.

A spokesperson for the Judicial Conduct Investigations Office said:

The Lord Chief Justice, with the Lord Chancellor’s agreement, has issued Deputy District Judge Michael Swindley with a formal warning for misconduct. Following a complaint by a litigant, the judge was found to have made comments to a solicitor representing the opposing party that undermined the litigant’s confidence in the judge’s impartiality.

Below is a list of the structure of the judiciary (Financial Remedy). I would be tempted to write to the lead judge (HHJ Greensmith). I know that it is unlikely to do any good but it would make you feel better.

https://www.judiciary.uk/wp-content/uploads/2021/12/The-Financial-Remedies-Court-Organogram-May-22.pdf

I also agree with Umkomaas. This company does take a beating on here and I doubt that they would have recouped the costs of taking you to court. 

You also are not at risk of a CCJ. They would have to go back to court to enforce the debt. I think that you could also pay in instalments without incurring a CCJ but that is something that you may want to check out together with the interest rate that they would charge.

Snakes_Belly

If you had appealed you would have had to obtain a transcript which would have been costly and there is no guarantee of the outcome.

It does sound as if this judge was irritated by these PCN claims. They do not understand that there is no independent appeal's system or ombudsman. The courts are the only means of obtaining a modicum of fairness and in your hearing this did not happen.  

Doddle1

Snakes_Belly said:

I'm sorry that you have had a bad experience. The small claims court is suppose to be where litigants in person can hope for a fair hearing. We are not legally trained people and the judge should have explained to you what a Tomlin order entailed.

I would take a look at some of the judicial conduct statements and see if any of the circumstances apply to your hearing such as bias. Don't bother reading the JP's as they are usually because they do not attend enough sessions.
https://www.complaints.judicialconduct.gov.uk/disciplinarystatements/

Here is a typical statement.

A spokesperson for the Judicial Conduct Investigations Office said:

The Lord Chief Justice, with the Lord Chancellor’s agreement, has issued Deputy District Judge Michael Swindley with a formal warning for misconduct. Following a complaint by a litigant, the judge was found to have made comments to a solicitor representing the opposing party that undermined the litigant’s confidence in the judge’s impartiality.

Below is a list of the structure of the judiciary (Financial Remedy). I would be tempted to write to the lead judge (HHJ Greensmith). I know that it is unlikely to do any good but it would make you feel better.

https://www.judiciary.uk/wp-content/uploads/2021/12/The-Financial-Remedies-Court-Organogram-May-22.pdf

I also agree with Umkomaas. This company does take a beating on here and I doubt that they would have recouped the costs of taking you to court. 

You also are not at risk of a CCJ. They would have to go back to court to enforce the debt. I think that you could also pay in instalments without incurring a CCJ but that is something that you may want to check out together with the interest rate that they would charge.

Thank you I'll have a look and I think I'll write to the lead judge - it will definately make me feel better! 

I was ordered to pay £317 in full within 14 days. When we were 'negotiating' the judge said that VCS's 8% interest charge over the last 3.5 years was reasonable! 

Jenni_D

Another bonkers decision ... the delay in taking enforcement (court) action was their choice not yours. 🙄

Snakes_Belly

If you feel that you were undermined by the district judge then you could make a complaint to the Judicial Conduct Authority.

When you write to the HHJ I would explain that there is no independant appeals system or ombudsman and the smalls claims court is the only way that you can get a modicum of fairness.

I do think that the DJ should have explained what a Tomlin order entailed. How can a LIP expect to know that? I think that you were undermined by that. 

I realise that the judicial system may have this etiquette but we also have to stand up for ourselves.

 

Le_Kirk

Snakes_Belly said:

You also are not at risk of a CCJ. They would have to go back to court to enforce the debt. I think that you could also pay in instalments without incurring a CCJ but that is something that you may want to check out together with the interest rate that they would charge.

I believe that you need to pay it off in full otherwise you risk it on your credit file.

Snakes_Belly

Le_Kirk said:

Snakes_Belly said:

You also are not at risk of a CCJ. They would have to go back to court to enforce the debt. I think that you could also pay in instalments without incurring a CCJ but that is something that you may want to check out together with the interest rate that they would charge.

I believe that you need to pay it off in full otherwise you risk it on your credit file.

It would seem as if that it was agreed that the defendant would pay in full as part of the order. 

I think that it was extremely unfair of the judge to not explain the implications of this order.

Le_Kirk

Snakes_Belly said:

Le_Kirk said:

Snakes_Belly said:

You also are not at risk of a CCJ. They would have to go back to court to enforce the debt. I think that you could also pay in instalments without incurring a CCJ but that is something that you may want to check out together with the interest rate that they would charge.

I believe that you need to pay it off in full otherwise you risk it on your credit file.

It would seem as if that it was agreed that the defendant would pay in full as part of the order. 

I think that it was extremely unfair of the judge to not explain the implications of this order.

Almost as if it was a stich-up!

Coupon-mad

Definitely mention (in your complaint) that the Judge winked at the Claimant's rep, who grinned, and failed to explain that a Tomlin Order means you cannot now appeal. The Judge erred in law and appeared biased from the outset.

The fact of the matter is that he found the case against you from the start, based on 'registered keeper liability' which was not only impossible on land that is under statutory control (POFA Schedule 4 says that Byelaws land such as Airport land is not 'relevant land') but he found that point without it being pleaded by the Claimant.

They did not and could not plead 'keeper liability' and both the Claimant and Judge knew you were not the driver. It was accepted as fact.  The entire hearing appeared to be biased - should have been adjourned (and costs awarded to you) due to the Claimant's failure to serve their WS bundle to you - and the wink at the rep was the final straw. You were left feeling utterly robbed and stitched up.

And now you find you cannot appeal. Atrocious - and therefore you wish to formally complain about the conduct of this Judge.