small claim hearing in few days pcn

Coupon-mad

Jeez. I'm so sorry.

Which court?

Which Judge? 

A lady Judge?

Sounds like your friend (the Defendant) drowned a bit in the wash and legalese of the Judge plus a legal rep chatting between themselves like old mates.

Are you saying that the Judge allowed an added £1200-odd as a purported debt recovery enhancement? The PCNs being c£1800 (eighteen PCNs) and the fake 'damages/DRA fee' was 1200 of it?!!

And then interest wrongly calculated at 4% ON THE WHOLE LOT INCLUDING THE FAKE DAMAGES ENHANCEMENT from date one?!

Firstly:

For this amount and because the Judge failed to consider the mandatory CRA 2015 test of fairness (including looking at disproportionate and fake DRA costs which your defence highlighted is a template 'auto-letter-chain' stage that actually costs under NINE QUID) in s71 of that Act, nor even considered your rights as a resident, I would immediately contact Jackson Yamba at Contestor Legal and ask him to lodge an appeal.

A Judge cannot ignore the Court's DUTY under s71 of the CRA 2015, regardless of whether you were able to voice it it not!  The Act specifically says that the 'fairness' test (of terms and signs, including general fairness, prominence of terms and proportionality) applies whether a party raises it or not.

You need this overturned. It will cost you a fee per PCN for him to take it on but he will say the right things at appeal and will also try to get your costs (his fees) awarded too.

For that amount of money this must be worth it. Give Contestor Legal a link to this thread and my post here (Jackson knows of me but I'm unconnected to his firm).


Secondly:

Can I use your case as a Case Study please, for the MHCLG who are considering the statutory Code right now?

Don't send me any personal data but do send me a redacted copy of your LBC and the claim form (as proof your case exists) and a summary and timeline (chronology) of what happened including what happened to you in court today, and an impact statement about how this rip-off farce has made you feel? What do you want the Government to do about it, etc, 


Thirdly:

Once you've done both of the above, send your impact statement and chronology and court outcome summary to your own constituency MP. Tell him/her you are not looking for legal advice of course, and already have Contestor Legal considering an appeal for you, but you DO want him/her to raise this case in Parliament and demand that the MHCLG protect residents because this sort of court claim is not only hugely exaggerated in £xxxx but also abhorrent in a civilised society. INSIST they contact the MHCLG about you, because an MP will have more clout than me (but I do have some clout and can whisper/shout in the right ears..).

Coupon-mad

tryion said:

It's about my friend who lives in a housing association . She was recently handed CCJ for PCNs that she has not paid for,  that were given bcs she was parking without having a parking permit in front her door.

She told me she was ill advised about her options and this led her to these PCNs. She said that she was told she couldn't park bcs there was no empty bay, and  that she had to find her own arrangements. Which she couldnt in central LDN. The third option they gave her is to get rid of her car. 

Now the 4th option which was the most important of them all, was not given and staff held it back for 2 to 3 good months. 

That option was to park in a different location locally but owned by the same housing association  bcs they knew they had shortage of parking. 

We don't want to mention the housing association.  We have been trying to contact the land owner meaning our housing association to get it on record that they didn't tell is this info.

We also have written proof how they offered us these option much later.

We also wrote to MP.

18pcns in the claim form.

24.08.2021 07.09.2021 08.09.2021 09.09.2021 13.09.2021 15.09.2021 16.09.2021 17.09.2021 22.09.2021 24.09.2021 27.09.2021 29.09.2021 05.10.2021 07.10.2021 11.10.2021 12.10.2021 13.10.2021 27.10.2021

Just adding context above.

Contestor Legal might decide that suing the HA is the best way forward.  They can do that too.

But I think an appeal of this decision is also needed or she has a CCJ ruining her chances of moving/new tenancy, new phone contract, paying monthly for car insurance, borrowing money and/or getting a mortgage for SIX YEARS.

To fail to consider the CRA 2015 test of fairness and proportionality is an error in law.

This is appalling and must be stopped.

Coupon-mad

tryion said:

A day I'll never forget, a sad one, too. We lost the case, i should note that WS was struck out as the defendant wasn't fully comfortable with all that was written specifically the legal bits and instead relied on 1 defence point that she wasn't the driver but the reg keeper only. In the Defence we forgot to nominate a drive , in the WS we nominated the driver as a family member but since it was struck out by the judge (late submission + Defendant not entirely confident with all the wording in the defence) it had no effect. With that the defendant has been ordered to pay the full amount, though the interest was reduced from 8% to 4% but that doesn't make a big difference the amount is still eye watering for PCN issued at our our residency. Altogether, it’s close to £5K for the PCNs, plus all the additional charges like court hearing fees. We can't afford to pay it in one go right now. 

Now, I’m determined to sue my housing association for their negligence in parking management. They failed to provide or even mention alternative parking options until it was far too late, and that’s what led to all of this. If i can prove that they never mentioned alternative parking sites would this have a significant impact? 

They ignored me, with several emails being sent, calls being made, complaints through their system, nothing worked, I involved the ombudsman and they all of a sudden responded and offered compensation money which i refused and pushed it to a stage complaint, and now they ignore me again purposely to pass the hearing day which was today.  

I really want to hire a professional to handle this properly, someone who knows what they’re doing and can give me the best chance at recovering something or at least holding them accountable. What do you guys think? 

What happened since?