Horizon- Court Date next week- Defence and Advice

Coupon-mad

"I had already put my skeleton argument in"

So you have filed and served to Gladstones, a WS and skeleton argument? That's good. And you MUST attend - get there early to get thru security & sign in.

Did you include the fact Gs added a tenner to the PCN shown on the signs, as they invariably do in Horizon cases?

Car1980

https://forums.moneysavingexpert.com/discussion/comment/82133054#Comment_82133054

No, that is helpful. Esso deny they have employed them.

Try asking Tesco the same question.

Horizon submit Tesco landowner contracts to Popla all the time. Their statement would be untruthful if their contract is with Tesco, and they have sworn that their statement is truthful.

Coupon-mad

The usual Tesco landowner authority seen is a single, very generic document listing all possible terms & breaches and it isn't site specific. It then attaches a generic, long (uncertified/undated) word doc list of sites.

The Code of Practice clause about landowner contract (plus Appendix F) requires more.

Car1980

See top of page 2 specifically…

Edvance_Guy

https://forums.moneysavingexpert.com/discussion/comment/82133076#Comment_82133076

no i filed before that post

Edvance_Guy

lost the claim, despite the Claimant not attending the hearing (Or jobbing advocate)

The matter had been transferred to a different judge due to an earlier case overrunning. Unfortunately, I felt the hearing was not particularly favourable to my arguments from the outset. The judge appeared to proceed on the assumption that Horizon and Tesco must have had the necessary authority to operate on the site, stating that parking signage would not have been installed unless the landowner had agreed to it.

When I referred to One Parking Solution v Wali and the requirements within the BPA and IPC Codes of Practice, including Schedule 7 and the POPLA appeals process requiring evidence of landowner authority, the judge did not accept that those matters carried significant weight and that the difference in Parking Association bore no wait in the case.

The issue of ownership of the site by Esso/ExxonMobil was also considered irrelevant, with the judge stating that Tesco would not have erected signage without the consent of the landowner. I have email stating Tesco is operator not a land owner, the Judge was of the opinion that if Tesco have signs up they can operate the site.

As it became apparent that my submissions on landowner authority were not succeeding, I focused my arguments on the additional £80 claimed (£70 debt recovery charge plus £10 additional costs). Initially, the judge appeared to agree that these sums were not supported by the contractual signage and questioned their recoverability.

However, when delivering judgment in favour of Horizon, the judge ultimately allowed the additional £70 together with interest at 4% from July 2024. This increased the overall amount payable by over £100.

I challenged this aspect of the judgment, and the judge stated that the £70 could be recovered as a "penalty", although she did not consider the additional £10 to be reasonable or accepted.

I respectfully pointed out that this was a civil contractual claim and that private parking operators do not have statutory powers to impose penalties in the same manner as a public authority. The judge nevertheless maintained her position, stating that the additional sum was recoverable because the matter had not been settled earlier.

The total judgment was over £380!

I can't afford to have a ccj against me so I need to pay and get the order set aside inside the 14 days.

How do I go about getting it paid and set aside?

MrJenkinsEsq

If the judge genuinely said Horizon can collect a penalty I'd be appealing faster than you can say, "erred in law". That's a shocking judgement. Which court?

Edvance_Guy

I was a bit floored by her judgement and things she said now that the dust has settled I am getting my head around the cost and it doesn't add up.

£70 charge

£70 charge again minus the £10 additional (She did strike that out) (Penalty Judge used that term)

£50 solicitors cost

£35 Court Fee

£27.00 Trial Fee

Interest £140.** (The weird one £140.**) not £12-£20 based on 4%

Having checked she intended to pay them 4% interest from July 2024. 2.2 years then.

taking:

£140 × 4% × 2.2 years = £12.32

Using the total claimant costs minus court fees:

£210 × 4% × 2.2 years= £18.48

The judge managed to get interest of over £140.00 something doesn't seem right!

Judgement £39*.** is what she told me and the aforementioned build up!

I make it closer to £270.00

MrJenkinsEsq

Can you share the redacted claim form? Or just share all the numbers and relevant dates from it? I might be able to work how how the numbers have been arrived at. If it's a simple miscalculation the court can correct it under CPR 40.12

Edit: with the newer info this is more than a "slip", at least some of it is more. CPR 40.12 probably doesn't help.

Edvance_Guy

https://forums.moneysavingexpert.com/discussion/comment/82136283#Comment_82136283

Taunton Somerset County Court!

I thought she was terrible to be honest but I was polite and respectful.

I want that wording in the judgement, I pointed out that it was a civil matter and she said it was a 'penalty' for not settling the matter earlier.

If I appeal will the CCJ go against my credit file?