'Notice to Keeper' out of time

Coupon-mad

It could be they have asked to appeal the judgment.  That isn't automatic and you would have a right to respond (and attend) IF they do get permission to appeal.

Often these are refused.

Or could be that some minor technicality has been referred back to the Judge.

Show us the Order you get.  

Was the hearing angrily contested by a rep who was particularly unhappy with the judgment? Exactly which point(s) won it, can you remember the Judge's rationale? Do you have notes?  If they wanted to appeal it would have to be that the Judge was plainly wrong or that a piece of evidence was ignored or that he/she should not have determined it the way that 'any reasonable Judge' would have.

Dan222

No Order yet received since Hearing, 3.5 weeks ago, (hence my expediting telephone calls & e'mails to the Courts' Office) Given Judgement at close of Hearing was dictated into audio recording by Judge; quite lengthy. No detailed notes taken on my part, but totally clearly understood that Claim against me was dismissed (& my CounterClaim also dismissed for a given reason). Hearing was not necessarily angrily contested, but at times it was extremely difficult to endure, I found. (In person) There existed representation of the Claimant by a Barrister/Advocate who was very, very persistent, but overall not abusive in cross-examination. I had reasoned that the Claimant photo evidence (comprising a shot of the front of my vehicle with a date & time super-imposed) was not totally reliable, taken from such an angle (of light reflection) that the whole of the windscreen of my vehicle was one, completely blacked-out view, such that one other permit affixed upon my screen was not visible within the given photo also. I had already produced equivalent pix at around the time of alleged contravention indicating full presence of my Resident's Parking Permit & at the Hearing I was requested to produce metadata for said pix, which I duly did. (N.B. This was not a case of any willful evasion of  parking permit on known private land. Instead this was a claim arising from an earlier allegation that my vehicle had 'no permit displayed' (itself changed from an earlier, uncertain allegation of being parked in a 'No Parking area' (totally incorrect) In fact, it was the seventh consecutive annual renewal of a uniquely-referenced Resident's Permit, purchased by recorded cheque & affixed to precisely the same windscreen area of each & all of my vehicles throughout equivalent duration (7 years since inception of Parking Permit system). In this case, said permit had been affixed 4 months on my vehicle, unquestioned, before alleged contravention(s) began.) Thus, on the day of Court Hearing I really sought to vigorously defend against this Claim to the best of my ability in the erstwhile prevailing belief that I had done nothing wrong.

Am I entitled to pursue the original written Judgment from the Hearing - the Order ?
How do I appeal any 'new' Judgement which may so arise from this 'referral', please ?

Coupon-mad

Sit and wait.

It sounds to me like the Judge was entitled to find that, on the balance of probabilities, the Claimant knew your car was long-term permitted and there was a lack of clear photo evidence to prove no permit was displayed.

I reckon if they have sought leave to appeal, it will take a few weeks but will likely be refused.

LDast

Dan222 said:

Updated : Came to Court Hearing, with attendance, & case against me was dismissed.   Result ?    Perhaps not.
I have awaited copy of this judgement since Final Hearing date - Nothing received. (Advised of backlog due to excessive workload & insufficient resources at Courthouse.) However, in the remaining absence of said Court judgement, I am now further advised that case has since been referred back before (another ?) judge for an unknown reason & I am now to await some new judgement, not to my favour.
Of course, I am terribly confused by this. Am I entitled to pursue the original judgement ?  Otherwise, it may look like it never happened (at the only Court Hearing that I have attended)
And how do I proceed insofar as any possible Appeal of whatever new judgement exists, please ?

On what basis are you presuming that there will be a new judgment and, if so, that it would not be in your favour?

Dan222

Thank you. I now know that I must sit & wait, just as Coupon Mad has confirmed. My previous telephoned enquiries of the Courts' Offices, seeking a copy of the Order from Hearing, suggested from the response dialogue an ominous air of 'something' untoward in the routine process of issue of this Order. My perception was proven correct only yesterday with confirmation of a referral to a Judge & I have taken an entirely pessimistic view of this as an overturned judgement - fait accompli. Please excuse my mistake.
 

Coupon-mad

It doesn't just "get overturned".  A referral to a Circuit Judge is probably them seeking leave to appeal (another hearing if granted).

As I said, many are refused. It is a high bar to hold a Judge's decision as an 'error of law' or that they went far beyond what he/she was entitled to determine, based on the evidence.