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AOS done - i have 2 weeks for defence but confused about steps - pls advise

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Comments

  • how to address the judge in small court - sir/madam/your honour - are they actually judges in small court?
    Do they wear white wigs and speak 15 century english? - if they do i have the last chance to apologise VCS and ask for mercy  :)
  • B789
    B789 Posts: 3,441 Forumite
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    edited 20 June 2023 at 2:34PM
    Address as "Judge". They are judges. It's not a criminal court. It's small claims/County Court.

    Good luck, but why do I have a sense of SNAFU on this one?
  • Umkomaas
    Umkomaas Posts: 43,843 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    how to address the judge in small court - sir/madam/your honour - are they actually judges in small court?
    Do they wear white wigs and speak 15 century english? - if they do i have the last chance to apologise VCS and ask for mercy  :)
    Address the Judge as 'Judge'. This will feel much more like a business meeting.  White wigs - no (but how would you know if it's a phone call hearing?). 

    While it's not going to be face-to-face, do have a look at this if you've not previously seen it - originally posted by forum regular @KeithP.  It will give you a good idea of how the proceedings will be conducted. 

    https://www.youtube.com/watch?v=n93eoaxhzpU

    No apologising to VCS!  'Ask for mercy', what on earth are you on?  If you lose, you'll pay less than they're asking for in their claim!
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Private Parking Firms - Killing the High Street
  • Umkomaas said:
    how to address the judge in small court - sir/madam/your honour - are they actually judges in small court?
    Do they wear white wigs and speak 15 century english? - if they do i have the last chance to apologise VCS and ask for mercy  :)
    Address the Judge as 'Judge'. This will feel much more like a business meeting.  White wigs - no (but how would you know if it's a phone call hearing?). 

    While it's not going to be face-to-face, do have a look at this if you've not previously seen it - originally posted by forum regular @KeithP.  It will give you a good idea of how the proceedings will be conducted. 

    https://www.youtube.com/watch?v=n93eoaxhzpU

    No apologising to VCS!  'Ask for mercy', what on earth are you on?  If you lose, you'll pay less than they're asking for in their claim!
    only joking about asking for mercy
    i am rather on the side of "we shall fight them on the beaches...."
  • B789 said:
    Address as "Judge". They are judges. It's not a criminal court. It's small claims/County Court.

    Good luck, but why do I have a sense of SNAFU on this one?
    hehe bit of last minute panic because i told several people about the hearing and i would like to win :)
  • Coupon-mad
    Coupon-mad Posts: 155,731 Forumite
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    I have telephone hearing by small court - any final advice you could give me please?
    What is say and what to avoid? In any case the truth and whole truth. Is there appeal possible- i would possibly give up as not willing to invest any more time into this. Will let you know anyway how it went.
    thanks for help - you are extremely helpful and very patient :)

    When is the hearing, this week?
    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
  • hi 
    I had a telephone hearing and i highlighted 2 points:
    1 - i was allowed to park as the place is paid by my company
    2 - my colleague confirmed that i went out to check my permit and when i came back i confirmed that was no ticket

    Judge said there is no case of ghost ticketing and my colleague statement is not going to be taken into account as he was not during the call to confirm this - what is the point of the witness statement?
    I am a bit in a shock.
    2 weeks to pay 200 and move on.

    Is there any way to ask for written judgement? What is the point of wintess statment if it had no value at all?
    Can i complain about the judgement?

     
  • Le_Kirk
    Le_Kirk Posts: 25,215 Forumite
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    Why only two weeks to pay, it is normally one calendar month or 30 days?  You will receive a written judgment but not for a while (few days) and you cannot complain about/appeal the judgement unless the judge erred in law.
  • Coupon-mad
    Coupon-mad Posts: 155,731 Forumite
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    Bad luck. I thought this may happen but you had to defend the claim and you got it reduced!

    There's nothing wrong with the judgment.  

    Seems the Judge removed the £70 add-on and the extortionate interest.  And he/she made their decision based on the signage and decided you were in breach so there is nothing to object about.

    When you provide 'witness' statements, that person has to also turn up to be questioned as a witness, otherwise their statement is hearsay.  You did provide your own signed witness statement too, and evidence of having employer permission?
    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

  • When you provide 'witness' statements, that person has to also turn up to be questioned as a witness, otherwise their statement is hearsay.  
    That's something i honestly i did not know before - my colleague changed his job so i thought witness statment is enough otherwise i would have asked him to join the hearing - it was only 10minutes.

     I did provide my statement and also proof that i was allowed to park there.

    Another lesson is never ever agree to telephone hearing - that was mistake.

    Massive thanks for the great help on this forum.
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