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Defence helped needed - Received a LOC from Civil National Business Court
Comments
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Can't seem to find it. I emailed the court a few days ago and they confirmed yesterday it's in person. Claimant wanted if via CVP but seems it was rejected by the court.0
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Just got back. We lost unfortunately and have been ordered to pay £140. I don't think the hearing went that well. Especially considering the claimant wasn't present. The judge asked us if we believe there was breach if we displayed the badge, to which my dad said no the badge wasn't displayed. I think that sealed our fate. Tbh, I think this was a hard win anyway as the claimant had very clear photos of the windscreen with no badge displayed. I tried to stress that my mother is an eligible badge holder but I think by that point it was too late. She also stated that the sign is quite clear that you must display a badge.
Claimant was asking for £280, judge said she agrees with the £100 + the interest but not th extra charge they put on. So the total came to £140. So on the bright side it at least halved the initial amount.
Edit: can't help but think how it would have gone if we'd said no we didn't breach the contract and worded ourselves better. But it's in the past now, so live and learn.2 -
Yes I think she was trying to hand you a lifeline and you missed it at the time.
They only had to say that there were no full t&cs signs visible from the accessible bays therefore there was no obligation to display and no breach and no agreed £100 charge.
That would have probably won it.
I'm glad the Judge disallowed the added costs but I don't see how she arrived at £140 but sadly, pay that and move on ... even though it is clearly unreasonable to penalise then sue a disabled person in these circumstances.PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
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The claimant showed clear photos of the 'blue badge must be displayed' and the terms sign next to it. I tried to stress that the sign with the terms was a lot smaller in person than the exhibit. But again, too late.
So it was £100 for the fine, £5 for interest, £35 for the costs awarded. I'm glad they only asked for £35.
I think having some sample questions in the hearing section of the newbie thread would be helpful.
But anyway, my case is done now. Again, thank you everyone for your help along the way.2 -
Hi,
Just received the letter from the court today. It's arrived late as the deadline for the payment was 27/01/24. Does this normally happen? I've tried calling the court but I was 88th person in the queue. Checking the Ukpc website they're still asking for £255 not the £140 the judge ordered.0 -
If your case was 14th January as you stated upthread, you should have until 14th February to pay. Try sending an email to the court asking for clarification as to why there is a discrepancy between what the judge ordered (are you certain that was the figure) and what is on the (very late) letter.2
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Trouble is you'll get a CCJ if you hang about.
I think you must phone the court and complain,PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
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Le_Kirk said:If your case was 14th January as you stated upthread, you should have until 14th February to pay. Try sending an email to the court asking for clarification as to why there is a discrepancy between what the judge ordered (are you certain that was the figure) and what is on the (very late) letter.
Edit: just spoke to a guy at the court office. He said its fine that the letter has arrived late, it's only been a week (his words). He said send and email to both parties showing the court order. I've just sent a second email showing both the court order + screenshot of the Ukpc website which is asking for the old amount.1 -
Weird, it gives a "to be paid by 27 Jan 2025" and then, in their standard blurb just below that date and to the right, it states "If you pay in full within one month .........." I wonder if they mean one month of the date of issue of the judgment OR one month from 27 Jan 2025. You need clarification from the court.0
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You CANNOT sit and wait for an answer.
I reckon you need to post a Postal Order (if you have no cheques) that you get from a Post Office. Do it THIS WEEK.
Send it with a covering letter - claim number in the top headings - explaining that the UKPC website would not allow you to pay the £140.69 (on the attached copy order, which only arrived on DATE) so after speaking to the Court you are sending the money as a PO by post. As this has been paid well within 14 days of the Order being served, the case is settled.
Send this at the PO, getting a free Certificate of Posting. Keep that receipt. Do NOT send it signed for.PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
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