I lost at court for a private car parking ticket, what now?

IdontknowwhereIam

As the title says I recently lost, do I wait for court to send me something so then I pay?

Obviously I can't say too much openly because they read this forum.

Thanks

bargepole

No you don't wait for the Court to send you the Judgment Order, that can take a couple of weeks.

If the Judge at the hearing said that you must pay the Claimant within 14 days, that means 14 days from the date of the hearing. You should pay it to the solicitors representing the parking company.

Half_way

IdontknowwhereIam said:

As the title says I recently lost, do I wait for court to send me something so then I pay?

Obviously I can't say too much openly because they read this forum.

Thanks

As per bargepole, but if you lost then there is nothing more to loose, Ave probably a bit to gain if we know the reasons for the loss, why a parking charge notice was issued in the first place, as well as where.
At the very least it may help others facing the same thing, and help you in understanding why as well as how to avoid it in the future or even appeal it.
Bear in mind that once paid, an appeal is nigh on impossible.

shiraz99

@IdontknowwhereIam, you've already said in your other threads the reason for going to court so it would help others if you tell us the reasoning behind why you lost. There's no reason to hide this.

IdontknowwhereIam

I'd used the templates on here, the judge was in my favour and even agreed the signs were difficult to read. I put emphasis on how hard the signs were to read because of bad lighting, (terms and condition sign didn't have any lights), I'd even submitted a video via usb but he wouldn't use that as it had to be in the courts "drop box" or whatever they use, The signs are genuinely difficult to read.

The best argument I had, I believe the judge thought, was the lease for the carpark was for a term of 3 years and out of date at the time of car parking charge and the parking company had not provided a new lease so he was probably set to rule in my favour but unfortunately I had not put that in my defence, I had put it in my witness statement and accidentally labelled my witness statement as defence. He said it was a technicality but he had to discard the lease as evidence because of a recent ruling at courts of appeal had made it clear he couldn't take into account the evidence if not in my defence.

Non of the other template stuff seem to be considered. The women who was representing the claimant knew her stuff to be honest and held her own against a judge who clearly didn't like parking charges. I was a bit caught in the headlights. 

£200+.

Advantages and disadvantages of appealing? How?

Grizebeck

Which parking firm?

IdontknowwhereIam

Grizebeck said:

Which parking firm?

It was NCP

Ed2022

Sorry to hear for the loss @IdontknowwhereIam, although, it is worth the experience. What was the court of appeal reference case, i.e., not taking into account of evidence if not in the defence statement?

Did you get disclosure of he lease between the company and the land owner?

IdontknowwhereIam

Ed2022 said:

Sorry to hear for the loss @IdontknowwhereIam, although, it is worth the experience. What was the court of appeal reference case, i.e., not taking into account of evidence if not in the defence statement?

Did you get disclosure of he lease between the company and the land owner?

The claimant put the actual lease in their evidence to prove they had right to be on the land but the lease had expired and it didn't have an provisions for automatically extending so they actually didn't have proof they were allowed to be on the land.

I can't remember what the exact reference case was but it stopped the judge taking into account any evidence that I did not submit in my defence paperwork even if the claimant had submitted it.

Ed2022

Thanks for the reply. So they shot themselves in the foot. I suppose it would determine when the lease was sent but would have been after you submitted your defence and WS?

DullGreyGuy

Half_way said:

IdontknowwhereIam said:

As the title says I recently lost, do I wait for court to send me something so then I pay?

Obviously I can't say too much openly because they read this forum.

Thanks

As per bargepole, but if you lost then there is nothing more to loose, 

There is more to loose in that if the OP doesnt settle within a month then they get a CCJ against their records.

IdontknowwhereIam said:

Advantages and disadvantages of appealing? How?

Did the judge give you permission to appeal?

Remember that an appeal isnt simply another roll of the dice with a different judge. You have to show the original judge made a serious procedural error or error in applying/interpreting the law. If the original judge didnt give permission (or you didnt ask) then you must first apply for permission to appeal with the basis for your argument re the above. 

Form for appeal is  https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/958279/n164-eng.pdf  and from vague memory the fee for filing is £130. You have 21 days from the hearing to file and obviously could just be adding to your losses if they refuse your appeal.