UK PC Claims received

Bazarius

Ignore it .  It has no effect on the judgment set aside . What does it say in the redacted bit ? 

At least you tried to use the “ slip rule” there’s no point paying for it to be amended . The judge will probably get angry with the court manager for not doing their job properly . 

LionsShare

Coupon-mad said:

LionsShare said:

A Google search gives the following:

Judicial review claim form: N461

Nononono!

They just mean N244 like you did before. Another application. It would cost £119 though (tick 'without a hearing).

I see.
Aaarghh! 

LionsShare

Bazarius said:

Ignore it .  It has no effect on the judgment set aside . What does it say in the redacted bit ? 

At least you tried to use the “ slip rule” there’s no point paying for it to be amended . The judge will probably get angry with the court manager for not doing their job properly . 

Just means I won't get my costs which were actually awarded in the hearing but no mention of that on the Order. The redacted bit is just a list of all the other claim numbers needing to be consolidated. I have heard nothing further about that either.

Coupon-mad

Probably worth £119 to get the order put right and the costs order restored but I'd send this N244 stating in the covering email that you asked under the 'slip rule' because these are court-made errors in the Order.  As such you don't see why you should have to formally apply again, having already paid the court service £xxx so far for x N244s and you would kindly ask the Court Manager to ring you on NUMBER to either take payment (which you will then reserve the right to later lodge a complaint about, given the errors are the Court's mistakes and mindful that the Overriding Objective is 'justice at low cost') or to confirm no fee is needed.

LionsShare

Thanks @Coupon-mad. Will do.

LionsShare

Hi all, its been a while since I posted. Yesterday was the hearing at Luton CC for claims 1 and 2 (consolidated). It was not a great experience and not the best result - but not the worst either. The judge allowed some of the PCNs and disallowed some as well. He also removed the £60 enforcement fees for each of the PCNs. However I had to pay costs and also interest from the day the claims were served (even though they were served incorrectly meaning I had no knowledge of the claims to begin with). So all in all the amount has reduced by about half from £5k to £2.5k. Still a huge amount of money to pay (within 28 days).  
I feel I could have pleaded my case better but I was nervous and the judge was very thorough (and patronising) and went through everything. He immediately told me various points on my WS would not be considered (the point about multiple claims and abuse of process, also the 'no contract') and he disagreed that the POCs were defective! He also found the signage to be adequate (there were photos of the vehicle with signs in the background). He allowed the loading/unloading argument (where the vehicle was outside the allocated bay) but not the PCNs where the 'permit' was not displayed (and the vehicle was within the markings). He did not accept my argument that it was not 'parking' when the vehicle was in the white lines and no permit affixed. Even though I was clear that we were only there for a matter of minutes and there surely should be a grace period.
So I'm wondering now about next steps. Will I now have no choice but to pay? Or will there be an opportunity to appeal (and is there any point). To be honest I would rather give 2.5k to a solicitor to represent me in an appeal than pay it to UKPC if that is still an option.

Gr1pr

It would cost you money to obtain a transcript and you can only appeal if the judge erred in law,   AFAIK 

The full amount needs to be paid to the lawyers ASAP,  as I am assuming that the judge allowed you 30 days grace period to pay,  so probably to DCB LEGAL,  not UKPC

Had you required a solicitor,  then paying Contestor Legal to represent you in court this week would have been more sensible as an option 

I doubt that you can appeal,  or afford the costs of a transcript plus appeal 

LionsShare

Thanks for your thoughts. I’ve been given 28 days to pay, as mentioned.
Hindsight is always useful, but it doesn’t change where things stand now.

LionsShare

I believe the key reasons I may have grounds for appeal: (the judge erred in law)
The judge placed decisive weight on the wording of the permit and signage (“permit must be displayed”), but did not apply the CRA 2015
Did not apply or consider contract hierarchy and landowner authority
Failure to Consider Jopson v Homeguard (Appeal Authority)
The judge was under time pressure (wanted to finish in 90 minutes) and expressed frustration about the time therefore skipped key issues especially at the end of the hearing (when calculating interest). I didn't feel able to stress the point about incorrect service and address changes / DVLA updates. Judge was very impatient about finishing after 90mins
Awarded interest incorrectly
Failed to consider proportionality (multiple £100 charges in a single day)
Failed to apply the legitimate-interest test

Are these not al errors of law?