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Unexpected CCJ

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  • verdomde
    verdomde Posts: 176 Forumite
    Fourth Anniversary 100 Posts Name Dropper
    edited 15 September 2023 at 2:01PM
    I need to get to work now, but while it's fresh in my head

    I included some pics of the lighting condition and that some of the lamps weren't working when i took the photo- so who is to say they are maintained and were working.
    Pointed out the pictures of the car are in the pitch black and showed there were big sections in the car park with no posters. The judge based her ruling on there being no evidence that the signs would be prominent/readable under similar lighting conditions to the day of the alleged contravention.

    She allowed me a little time to respond to the claimants solicitors summing up, at which point I remembered to say about the entry signage being on a tight bend with a zebra crossing as well, and that the lamp above it was sideways, not over the sign. I also mentioned in (response to the lawyers comments) that the shops were all closed at that time of night, so there would be very little or no ambient light to help make the signs visible.

    I did say a lot about them not using the address for service and mentioned the DVLA address shouldn't be relied upon, but that wasn't part of the judges decision. Funnily she mentioned as a note that she was aware from a recent personal experience that dealings with the delay took ages, which I think has made a difference to her understanding, just which she had had that experience before she set aside my ccj and she may have dismissed the whole thing :D

    Toward the end (and not part of the judgment) she highlighted words on the signage as a note to be passed to the claimant, this was the passage at the top about pcn charges etc, then at the bottom -in really fine print- that 'Additional charges may be added', she said this was poor/not sufficient, notes on the fees/charges should all be together. And the font was too small
    I'll try add more if i can think of anything, but time for work


  • verdomde
    verdomde Posts: 176 Forumite
    Fourth Anniversary 100 Posts Name Dropper
    edited 15 September 2023 at 2:03PM
    Can I ask- is this dead and buried now? Will they come back at me again with an appeal or anything?

    I want to relax
  • Coupon-mad
    Coupon-mad Posts: 151,776 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Brilliant! Well done you!

    Same Judge for both hearings?

    ANOTHER ONE BITES THE DUST


    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • Yes, the same Judge
  • verdomde
    verdomde Posts: 176 Forumite
    Fourth Anniversary 100 Posts Name Dropper
    Anyone any idea how I claim for the monies I was promised?
  • B789
    B789 Posts: 3,441 Forumite
    Fifth Anniversary 1,000 Posts Name Dropper Photogenic
    verdomde said:
    Big thanks to all, it was found in my favour and they've to pay me the witness fee.
    Really wish I'd asked for more as this has been pretty heavy on me, (and I had to pay for the n244 )but really glad its over and amazing that I won.
    Again, thanks to all who stuck with this, especially big thanks to Coupon-Mad, but everyone chipped in a lot :D
    What is the "witness fee" and how much was it? If you've not been paid yet, you need to write a robust email to the solicitor (if they used one) or the claimant (if they didn't) and give them, say 7 working days, to pay the amount due. You could also make it an LoC by giving them 14 days to pay otherwise you will issue a claim against them for the amount due plus your costs. You could also write to the judge and point out that they have failed to follow the courts orders and for them to be sanctioned appropriately.
  • Castle
    Castle Posts: 4,783 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    verdomde said:
    Anyone any idea how I claim for the monies I was promised?
    Have you received a copy of the Judgment yet?
  • verdomde
    verdomde Posts: 176 Forumite
    Fourth Anniversary 100 Posts Name Dropper
    I've not received anything, no, perhaps I should wait for that before kicking up any stink
  • verdomde
    verdomde Posts: 176 Forumite
    Fourth Anniversary 100 Posts Name Dropper
    Still nothing, is this a normal amount of time?
  • Coupon-mad
    Coupon-mad Posts: 151,776 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Ring the local court and check there is no appeal lodged and ask where the judgment is, because you need a copy to get your costs.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
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