Is this Judgment Worth Persuing

troublemaker22

ChirpyChicken said:

troublemaker22 said:

Yes. It will be fact-dependent. Hence my questions. But it’s perfectly possible to get a judgment set aside when the claim form was received. Non receipt of the claim form is not the only set-aside ground in CPR 13

Thanks
I am aware of that however its a highish bar to cross (as I am sure you are aware also)

Unless they are entitled to help with fees I wouldn't bother. Of course if they are then happy days

It's a hospital car park case for a disabled patient parking where they are allowed to park. It shouldn't need to be dealt with by means of a hostile set aside application.  It's possible to get the hospital trust to make the problem go away without the need for a hostile set aside application or the £313 court fee.  I had one recently where the hospital trust paid the judgment before the 30 day deadline to prevent a CCJ registration.  There's also the possibility of a consent order to set the judgment aside with the trust paying the reduced £123 court fee.

troublemaker22

Dark_Mackerel, I've sent you a PM

ChirpyChicken

troublemaker22 said:

ChirpyChicken said:

troublemaker22 said:

Yes. It will be fact-dependent. Hence my questions. But it’s perfectly possible to get a judgment set aside when the claim form was received. Non receipt of the claim form is not the only set-aside ground in CPR 13

Thanks
I am aware of that however its a highish bar to cross (as I am sure you are aware also)

Unless they are entitled to help with fees I wouldn't bother. Of course if they are then happy days

It's a hospital car park case for a disabled patient parking where they are allowed to park. It shouldn't need to be dealt with by means of a hostile set aside application.  It's possible to get the hospital trust to make the problem go away without the need for a hostile set aside application or the £313 court fee.  I had one recently where the hospital trust paid the judgment before the 30 day deadline to prevent a CCJ registration.  There's also the possibility of a consent order to set the judgment aside with the trust paying the reduced £123 court fee.

theres hoping its a receptive trust

ChirpyChicken

another way of looking at this .....
How old is your brother in law.... If is at at an age where credit is not needed etc then A CCJ on his credit file will do him no harm 

Dark_Mackerel

Coupon-mad said:

Dark_Mackerel said:

troublemaker22, I have checked and yes he was parked in a disabled blue badge space with the blue badge displayed.

So I think the PCN was punishment for not 'registering'' the Blue Badge inside the hospital; a legally unfair (illegal) charge which is completely challengeable as charging disabled persons for not knowing about the additional burden (of registering the Blue Badge ... imposed unexpectedly on top of the usual expectation of displaying it) is certainly a breach of the Equality Act 2010.

It's also excessive to get KADOE data of disabled people too soon: this is 'special category data' for which there is a double justification needed, not just legitimate interest. The industry should never monitor accessible bays by remote camera systems and shift the burden to the disabled person.

Does the defendant qualify for Help With Fees? Google it.

Thank you Coupon-mad for your response.

I am not sure if he would qualify for help with court fees, I have found the monthly earnings and savings limit on the GOV website. We will need to look into it. He does have a small private pension and PIP for his disability. PIPs are not counted as a benefit for taxation purposes but it might be different for court fees.

Coupon-mad

Read your pms because @troublemaker22 is a trustworthy solicitor.

michael1234

As an aside and I hope this doesn't annoy anyone but I thought that generally speaking ANY small claim couldn't claim for "Legal representative's costs" ? 

Dark_Mackerel

ChirpyChicken said:

another way of looking at this .....
How old is your brother in law.... If is at at an age where credit is not needed etc then A CCJ on his credit file will do him no harm 

Thanks, ChirpyChicken He is 65 and was at the time of the hospital visit.

Coupon-mad

michael1234 said:

As an aside and I hope this doesn't annoy anyone but I thought that generally speaking ANY small claim couldn't claim for "Legal representative's costs" ? 

Yes they can. £50 cap for this size claim.

troublemaker22

michael1234 said:

As an aside and I hope this doesn't annoy anyone but I thought that generally speaking ANY small claim couldn't claim for "Legal representative's costs" ? 

That rule applies to cases that have been allocated to the small claims track.  Default judgments are invariably entered before the allocation stage, so the small claims track rules don't apply.  Furthermore, even in the small claims track, costs may be (and are) awarded against a party who has behaved unreasonably in the conduct of the case.