Gatwick Airport - Drop Off Parking Defence

qwertyoffice

@Coupon-mad  It is to get them to refund the amount I paid BW Legal in order to get the CCJ removed from my record quicker?

qwertyoffice

Not sure if I am confusing you all, but tomorrow's hearing is from the N244 application I sent here...

Coupon-mad

Ah yes.  TBH your application says it all!

qwertyoffice

Coupon-mad said:

Ah yes.  TBH your application says it all!

That’s what I thought, so do I still need to go to court or will the judge just read this and understand my situation without me being there? 

Coupon-mad

If you don't turn up for a hearing, where the Order says you must attend (which I am sure it does) your application will be struck out.

Even worse:

...hasn't the other side stated they are sending a legal rep?  My Goodness, if you don't show up for your own application hearing the rep will rip into your absence and the Judge will make a finding of 'unreasonable conduct' against you.

You will be liable for at least £200 for their rep's costs and they MIGHT even try for full costs of their supervising solicitor which will make it a 4 figure order for you to pay and your application confined to history.

qwertyoffice

Coupon-mad said:

If you don't turn up for a hearing, where the Order says you must attend (which I am sure it does) your application will be struck out.

Even worse:

...hasn't the other side stated they are sending a legal rep?  My Goodness, if you don't show up for your own application hearing the rep will rip into your absence and the Judge will make a finding of 'unreasonable conduct' against you.

You will be liable for at least £200 for their rep's costs and they MIGHT even try for full costs of their supervising solicitor which will make it a 4 figure order for you to pay and your application confined to history.

Ok, I will be there but won’t have much to say as it’s all on my original application 

Coupon-mad

Take a printed copy and the proof of payments (both payments) and 'sent' emails, as I told you when you asked yesterday.

And a wage slip if you took a day's leave.  

Your defence (if asked) is clearly that a car that drives through without stopping isn't parked, and parking firms can only issue PCNs and get DVLA data for parking events,

NOT for moving traffic which is outside of the DVLA KADOE rules regardless of however this zone is set up.

There must be evidence of parking.  There was no stop.  This isn't like retail parks where cars are deemed to have parked due to the time on site.  This was 1-2 minutes and no parking took place.

AND none if the signs have £100 on them.  In fact I think ONE does (set away from the lane).  None in view to moving cars.

But the ones overhead only mention £5.  Therefore there was no contract to pay £100 and you must be allowed to defend without fear of a discontinuance and them keeping your money.

(AND it's non-POFA but that's only relevant if you weren't driving - no keeper liability is a BOMB to kill the case, if you weren't driving).

qwertyoffice

Bad news, I lost and had to pay another £180 for the cost of the BW legal rep

The judge did not want to know anything from me, she made her mind up straight away!
She also seem to know the legal rep quite well and obviously spoke beforehand as she knew he had not seen my N244 application. 
It was over within 5 minutes, she asked me "under what civil procedure rule are we making this application?" 
To which I could not answer.

She said, "Your asking for a revision that simply does not exist in the terminology within court proceedings"

Then went on to say

"If the judgement has been entered wrongly, an application can be made under CPR13 for it to be set aside.
But that is not what you are asking for, because you actually paid the indebtedness as claimed by the claimant, the courts hands are tied, if you have made the payment, you have made the payment! I don't see what I am being asked to do today. I am sorry to be difficult, but my job is rules-based and therefore I have to ensure that if I am making an order that it is sound in law.
You have asked for a revision, there is no such thing."

I then asked, " so what was my N244 form for?", to which she replied, "Your N244 form simply says, which I don't think Mr Ansley (the legal rep) has seen, the application says, set aside - revision, what does that mean? 
I read your contents in Paragraph 10 stating the order should be set aside and and replaced and amended, what order, there has been no order because you paid the debt?"

"Mr Ansley, is there a judgement outstanding?"

LEGAL REP: "No because the judgement was set aside by district Judge Obon.

It then when on a bit more and ended with...

She said "Mr Smith, I am not in the position to make any order on your application, so I am not going to make one,  it will simply say no order, because there is no order for me to make."

And then asked what the legal reps bill was and said the order will come out in the next 7 to 10 days and i need to pay it within 14 days. 

Coupon-mad

Oh no, that's a terrible outcome and now they will discontinue, leaving you nothing to defend.  

I am so sorry the court system caused this.  You already have a complaint in with the CCBC I think?

You were applying under CPR 13.3.

qwertyoffice

Yes I received £400 compensation from the CCBC so maybe I should have just left it there.

The judge did not mention this though so probably was not aware of it.