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CCJ now - Court Case - Gladstone on behalf of PCM UK - DOH 140524

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  • Snowty
    Snowty Posts: 24 Forumite
    10 Posts Photogenic
    yes leanred that hard way
  • Snowty
    Snowty Posts: 24 Forumite
    10 Posts Photogenic
    edited 14 May 2024 at 6:03PM
    but my point on red route is red route or double red is a public law and applies to public road by enfrocement, TFL or council but Judge in my case applying the red route law saying that i shouldn't have stopped at it and stating it as double red on main highway i wrong .. silly me dont know what to do now!
  • Snowty
    Snowty Posts: 24 Forumite
    10 Posts Photogenic
    i found another forum where i learned about the red route is a public law and order and does not apply to private land and double red or red or anything on private land is just a graffiti and imitiation to council or public road. but that information was from 2013 unless something has changed recently or after that.
  • LDast
    LDast Posts: 2,496 Forumite
    1,000 Posts Photogenic Name Dropper
    If you are on UC and can get the court costs waived, then by all means appeal the judgment if you believe that the judge erred in law. It won't be easy but if you are unencumbered by the court fees and feel able to conduct the necessary legwork yourself, then it is a no-brainer.

    Looking the GSV you provided, it is a bit out of date but there are other failures such as there being no entrance sign warning/advising drivers they are entering private land. If the judge in your case erroneously concluded that the DRLs were statutory, they were wrong to do so.
  • Gr1pr
    Gr1pr Posts: 8,677 Forumite
    1,000 Posts First Anniversary Photogenic Name Dropper
    I agree 

    Did the judge grant you leave to appeal. ? Or refuse permission to appeal. ? Or was silent on the subject. ?
  • Snowty
    Snowty Posts: 24 Forumite
    10 Posts Photogenic
    edited 14 May 2024 at 7:44PM
    she was actually silent at the appeal and did not say anything about it.. as of your question another qustion arises for me! how would i know if it was or not ? 

    and excuse my ignorance as i am trying to find what DRLs are as mentioned by @LDast
  • Umkomaas
    Umkomaas Posts: 43,411 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    and excuse my ignorance as i am trying to find what DRLs are as mentioned by @LDast
    Try 'Double Red Lines'. We also use the acronym 'DYLs' for ..... guess. 😉
    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.

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  • Gr1pr
    Gr1pr Posts: 8,677 Forumite
    1,000 Posts First Anniversary Photogenic Name Dropper
    Snowty said:
    she was actually silent at the appeal and did not say anything about it.. as of your question another qustion arises for me! how would i know if it was or not ? 

    and excuse my ignorance as i am trying to find what DRLs are as mentioned by @LDast
    You will receive the written judgment in the post in due course, but as it ONLY happened today you would know if the topic of an appeal was discussed. I suspect that you did not raise the topic so nothing was said about it either way 

    But you did ask US about appealing, but don't appear to have asked the judge about appealing 
  • Snowty
    Snowty Posts: 24 Forumite
    10 Posts Photogenic
    Agree - i did not ask. i was even nervous to go to court that i did not sleep for last two nights and imagine me asking judge a question. even when i tried to explain about singage on the site she shushh me and i forgot everthing i was building up to say.  :'(
  • Coupon-mad
    Coupon-mad Posts: 152,467 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Snowty said:
    Agree - i did not ask. i was even nervous to go to court that i did not sleep for last two nights and imagine me asking judge a question. even when i tried to explain about singage on the site she shushh me and i forgot everthing i was building up to say.  :'(
    Then DO NOT appeal it. I am sorry but I don't think you will be able to argue this well in front of a higher Judge.

    Even if the application is free, the cost of a transcript of the first hearing will be three figures.

    And you stopped on double red lines, on a private road that presumably the landowner wants kept completely clear of stopped/parked cars.   You could end up being held liable for costs if you drag this one further up the court stage. 
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