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Bailiff Knocked on the door yesterday
Comments
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Coupon-mad said:Are you using the POFA 2012 to claim no liability as the PPC have not transferred liability from driver to keeper?This is the winning point.The OP is going to have to be able to show the Judge at Monday's hearing that the NTKs are all non-POFA worded.
There is no Schedule 4 paragraph 9(2)f 'keeper liability' claimed on 2020 Highview PCNs.
Anyways. The claimant has to win this case but money twice less than they wanted and 180 less than claimed1 -
610 of 1355 that they wanted from emails.
300 for pcn
70 for legal representation (those 70 that shouldn't be legal but they actually are according to rule 28 of...)
85 for hearing and 3% interest0 -
The hearing:
1.the Judge was totally on my side. He did tried to get out of me points. He really mentioned that few times. Once, he even told me directly: you have more points to refer in your 'defence'. I just couldn't understand what he is pointing me at.
2. At the beginning i have told the Judge that i've not been given enough time to prepare for this hearing as the notice was delivered late, so he has not considered the ws sent by me, however i've been given the opportunity to express /defend verbally. So i did. My defence was based on 2 things:
A. Signs not clear
B. The barrier that was open which ment that the parking was free to use.
3. The fact that dcbl was late with serving the claim, did not matter.
4. The fact that someone else was driving the vehicle did not matter. I was the registered keeper.
5. Claimant has sent their bundle at the time of hearing. She asked Judge's email and has sent it over.1 -
The hearing took 1 hour 40 min.
Conclusion: if i would have been more confident -i would win the case. I consider this case as win/win. They've got the case whereas i've got the charges cut.
If you would scroll the beginning of this thread, you would find that i didn't care about money but care about justice.
As for this group, thank you for being with me all this days. I really appreciate this, and if someone else would be in my possition PLEASE encourage him and not point fingers at his mistakes. Thank you all and wish you the best
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I'm glad you got rid of the CCJ and ended up paying less. I know this was a lot to take in but if you could have got your head around the fact that their PCNs were 'non-POFA' you'd have paid nothing.
They could not hold you liable in law. The PCNs were non-POFA worded. It's all you had to say. I guess that's what the Judge was hoping to hear you say.
Did they send a legal rep who tried to talk the Judge into awarding the whole lot?PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
CLICK at the top or bottom of this/any page where it says:
Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD0 -
Yes. There was someone not even from dcbl. Someone who represented higview parking. Funny notice: the rep. was confused of who wrote their WS so the Judge market her about that sayung that the representative should know who they are representing ))).
At about the mid of hearing, i've told the Judge that claimant is charging fees and costs that were not able to give details about so i was challenging the amount to. I gave details of what the claim contained and the email where dcbl was trying to charge double. At this point the claimant's rep did not mentioned anything. At the end the Judge desided on his behalf only of what was supposed to be paid.1 -
Coupon-mad said:I'm glad you got rid of the CCJ and ended up paying less. I know this was a lot to take in but if you could have got your head around the fact that their PCNs were 'non-POFA' you'd have paid nothing.
They could not hold you liable in law. The PCNs were non-POFA worded. It's all you had to say. I guess that's what the Judge was hoping to hear you say.
Did they send a legal rep who tried to talk the Judge into awarding the whole lot?0 -
One more thing. If you remember me saying that dcbl did not served me with the claim after ccj being set aside. So their rep. said that the certificate of service has been provided to the court within those 14 day given. However they did not aached st to their bundle and was not able to present it at the hearig. Judge promised to check that. I will be laughing if they really didn't1
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