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I lost at court for a private car parking ticket, what now?
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Le_Kirk said:IdontknowwhereIam said:This letter I've received from bw legal sounds worrying, I thought there was no risk of a ccj if you lost and paid? Also the court letter says a later date in November not 11th as stated in their letter?
The worrying bit is the letter says CCJ was entered against me and it is recorded for 6 years?0 -
ukcpm_canSMD said:IdontknowwhereIam said: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The best argument I had, I believe the judge thought, was the lease for the carpark was for a term of 3 years and out of date at the time of car parking charge and the parking company had not provided a new lease so he was probably set to rule in my favour but unfortunately I had not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?
Out of curiosity was the grand total, including all the made up fees etc that you've been ordered to pay £200? Or is it much more?
Also, I saw that you said that "they" read this forum. would you advice me not to discuss my own defence ( I have "invoices" for parking in my own space)
The total amount was a little over £200 which included interest etc.2 -
IdontknowwhereIam said:Le_Kirk said:IdontknowwhereIam said:This letter I've received from bw legal sounds worrying, I thought there was no risk of a ccj if you lost and paid? Also the court letter says a later date in November not 11th as stated in their letter?
The worrying bit is the letter says CCJ was entered against me and it is recorded for 6 years?2 -
IdontknowwhereIam said:Le_Kirk said:IdontknowwhereIam said:This letter I've received from bw legal sounds worrying, I thought there was no risk of a ccj if you lost and paid? Also the court letter says a later date in November not 11th as stated in their letter?
The worrying bit is the letter says CCJ was entered against me and it is recorded for 6 years?
You need to tell the Judge by email that you have paid £... in full which was what you and BW Legal had written down following the hearing. As such, no CCJ must remain but you would appreciate a new Final Judgment or Order, to be re-issued under the 'slip rule' because this last Order has the amount wrongly calculated.
Copy in BW Legal for openness.
I hope you are right re the amount...are you certain you are correct?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 THREAD1 -
Coupon-mad said:IdontknowwhereIam said:Le_Kirk said:IdontknowwhereIam said:This letter I've received from bw legal sounds worrying, I thought there was no risk of a ccj if you lost and paid? Also the court letter says a later date in November not 11th as stated in their letter?
The worrying bit is the letter says CCJ was entered against me and it is recorded for 6 years?
You need to tell the Judge by email that you have paid £... in full which was what you and BW Legal had written down following the hearing. As such, no CCJ must remain but you would appreciate a new Final Judgment or Order, to be re-issued under the 'slip rule' because this last Order has the amount wrongly calculated.
Copy in BW Legal for openness.
I hope you are right re the amount...are you certain you are correct?I'm certain I am right about the amount because:
- I wrote it down
- Bw legal sent me a letter after the court hearing, referencing the same amount I wrote down and requesting payment
- BW Legal sent me a text message yesterday requesting the same amount
- When I phoned BW legal, they quoted the same amount to me that I was required to pay to settle in full
Thanks for the advise.
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Ok I've just sent another email requesting a new order and to make sure no CCJ and copied bw legal into it.
Thanks1 -
And you used the phrase 'slip rule' as advised?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 THREAD1 -
I thought I would post what the slip rule is for those that come across this threat.
What is the slip rule?
https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part40
The slip rule is a process by which the court may correct an accidental slip or omission in a judgment or order (see: CPR 40.12 and CPR PD 40B, paras 4.1 and 4.5). CPR 40.12 provides that the 'court may at any time correct an accidental slip or omission in a judgment or order'.
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Coupon-mad said:And you used the phrase 'slip rule' as advised?
"I want to make sure no CCJ is remaining as this is worrying me and I'd appreciate a new Final Judgment or Order, to be re-issued under the 'slip rule' because of this wrong amount."
Many thanks for that phrase and information.2
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