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  • FIRST POST
    • purplesweetpotato
    • By purplesweetpotato 14th Mar 18, 5:20 PM
    • 10Posts
    • 1Thanks
    purplesweetpotato
    CEL CCJ hearing result
    • #1
    • 14th Mar 18, 5:20 PM
    CEL CCJ hearing result 14th Mar 18 at 5:20 PM
    Hi, hoping for some advice here from you kind beings.

    My judgement result was sent to me today and the judge has awarded these !!!!!!!s part of their claim and court fees.
    After reading the Newbies Thread and other defence threads, I submitted my defence and the judge made the note on my part that I didn't deny parking there and only used generic defence.

    To be clear, I don't remember parking there, if I did I would pay. I live in Brighton where the council makes a killing from parking fines so I don't risk paying x00's just to save 3-5.

    As you can expect, CEL provided no solid evidence of my car actually being there and used their generic template for the Particulars of Claim. Other than saying they used a camera to allegedly catch me and violated the terms and condition, no camera image, witness or accurate information of the exact time of the trespass was given.

    The case did not go to a hearing which I feel isn't right.

    I want to appeal, hoping for some advice from you kind people.
    Has anyone else had similar results?
Page 2
    • purplesweetpotato
    • By purplesweetpotato 14th Mar 18, 6:31 PM
    • 10 Posts
    • 1 Thanks
    purplesweetpotato
    So in short I should suck it up and pay up? Total injustice if it is the case.

    As the registered keeper I accept the law of probability.

    If I am to appeal, (if the cost are waved or reduced that is) what are my chances? I'm not being stubborn and not admitting loss but its beyond corrupt
    • Redx
    • By Redx 14th Mar 18, 6:33 PM
    • 18,101 Posts
    • 22,887 Thanks
    Redx
    nobody can give you your chances without seeing all the paperwork and evidence from both sides and even then its judge bingo

    losing the appeal would mean more costs incurred plus loss of your appeal filing fee

    the 100 parking charge has been in place since OCT2012 in the BPA CoP and is a standard charge , the 25 charge is a court filing fee , and the typical 100 + 75 court fees is where we get the 175 from
    Newbies !!
    Private Parking ticket? check the 2 sticky threads by coupon-mad and crabman in the Parking Tickets, Fines & Parking Board forum for the latest advice or maybe try pepipoo or C.A.G. or legal beagles forums if you need legal advice as well because this parking forum is not about debt collectors or legal matters per se
    • purplesweetpotato
    • By purplesweetpotato 14th Mar 18, 6:34 PM
    • 10 Posts
    • 1 Thanks
    purplesweetpotato
    I was waiting for the hearing letter. As I mentioned I misread that letter. I would never knowingly opt for paper hearing cause I know 100% CEL won't turn up ...
    • The Deep
    • By The Deep 14th Mar 18, 6:35 PM
    • 9,203 Posts
    • 8,968 Thanks
    The Deep
    This is an entirely unregulated industry which is scamming the public with inflated claims for minor breaches of contracts for alleged parking offences, aided and abetted by a handful of low-rent solicitors..

    Parking Eye, CPM, Smart, and another company have already been named and shamed, as has Gladstones Solicitors, and BW Legal, (these two law firms take hundreds of these cases to court each year). They nearly always lose) and have been reported to the regulatory authority by an M.P.

    Hospital car parks and residential complex tickets have been especially mentioned.

    The problem has become so rampant that MPs have agreed to enact a Bill to regulate these scammers. Watch the video of the Second Reading in the HofC recently.

    http://parliamentlive.tv/event/index/2f0384f2-eba5-4fff-ab07-cf24b6a22918?in=12:49:41

    and complain in the most robust terms to your MP. With a fair wind most of these companies may well be put out of business by Christmas.
    You never know how far you can go until you go too far.
    • nosferatu1001
    • By nosferatu1001 14th Mar 18, 6:35 PM
    • 2,454 Posts
    • 3,002 Thanks
    nosferatu1001
    It!!!8217;s not beyond corrupt - you didn!!!8217;t read court docs properly.

    You can try for a set aside but I!!!8217;m not sure if you have grounds.
    • KeithP
    • By KeithP 14th Mar 18, 6:39 PM
    • 7,155 Posts
    • 6,614 Thanks
    KeithP
    ... its beyond corrupt
    Originally posted by purplesweetpotato
    I'm not sure that's right... in fact I'm pretty certain it isn't.

    The court wrote to you suggesting that the case be decided on the papers.

    Unfortunately, for whatever reason, you accepted that.

    That does not make the process corrupt.

    We have not seen your defence, witness statement or evidence so there is no way anyone here can say whether the judge got it wrong or not.

    The bottom line is... you made a mistake, and sadly mistakes often have a cost associated with them.
    .
    • purplesweetpotato
    • By purplesweetpotato 14th Mar 18, 6:39 PM
    • 10 Posts
    • 1 Thanks
    purplesweetpotato
    nosferatu1001 Thanks but no thanks. I accept I misread the letter and it is beyond corruption regardless whether I read it properly or not. By your words, as I didn't read it properly, its not corruption and this is justified?? Your are funny
    • Redx
    • By Redx 14th Mar 18, 6:40 PM
    • 18,101 Posts
    • 22,887 Thanks
    Redx
    court costs are explained in here

    http://forums.moneysavingexpert.com/showpost.php?p=73276120&postcount=25

    as you can see, there was no trial so they did not get the trial fee , just their initial MCOL fee plus the 100 standard parking charge fee which has its limit set 5.5 years ago which is when POFA2012 came in too

    and you are alleging the system is corrupt, when it isnt

    I am sure you meant a different word, but CORRUPT is what you used and is legally incorrect, so do not use it if you appeal it as a judge wont take kindly to it

    post #24 above explains it
    Last edited by Redx; 14-03-2018 at 6:42 PM.
    Newbies !!
    Private Parking ticket? check the 2 sticky threads by coupon-mad and crabman in the Parking Tickets, Fines & Parking Board forum for the latest advice or maybe try pepipoo or C.A.G. or legal beagles forums if you need legal advice as well because this parking forum is not about debt collectors or legal matters per se
    • purplesweetpotato
    • By purplesweetpotato 14th Mar 18, 6:43 PM
    • 10 Posts
    • 1 Thanks
    purplesweetpotato
    So thanks you all for your advice here.

    Even though I didn't get the outcome i wanted, I appreciate your help and advice you all give.

    I hope this problem will be rooted out by parliament but until then, us average folks cannot thank you all enough.

    Best of luck to other dealing with these thieves
    • bargepole
    • By bargepole 14th Mar 18, 6:51 PM
    • 2,264 Posts
    • 6,585 Thanks
    bargepole
    i get this sort of thing all the time. People email me, saying "I've received a letter from the Court, what should I do?". Sometimes they don't include a scan of the letter, perhaps expecting me to divine the contents telepathically.

    The answer is, read the letter carefully, make a note of any deadline dates, and do what you're being asked to do. It's not rocket science.

    The worst culprits are those who don't bother to read the bit about filing a Witness Statement, and think they can just rock up for the hearing, and everything will be ok.

    No wonder the PPCs issue so many claims, with all the clueless muppets there are out there.
    Speeding cases fought: 24 (3 of mine, 21 for others). Cases won: 20. Points on licence: 0. Private Parking Court Cases: Won 33. Lost 10.
    • Coupon-mad
    • By Coupon-mad 15th Mar 18, 10:42 PM
    • 57,369 Posts
    • 70,964 Thanks
    Coupon-mad
    Did your defence clearly say that you could not be held liable under the POFA and did CEL admit in their WS and evidence that they were not relying on the POFA?

    And was all contact with CEL and the defence written WITHOUT implying who was driving?

    If so, then you MIGHT have grounds to argue the Judge erred in law.

    And if you get fee remission, then well...why not appeal the decision on that basis? If it's free?

    NOT that ''it's not fair, there should have been a hearing'' (because unfortunately you dropped that ball so that ship sailed) but on the basis of an error in law, because CEL can't hold a keeper liable IF they were not relying upon the POFA and only issued a non-POFA NTK.
    PRIVATE PCN? DON'T PAY BUT DO NOT IGNORE IT TWO Clicks needed for advice:
    Top of the page: Home>>Forums>Household & Travel>Motoring>Parking Tickets, Fines & Parking - read the 'NEWBIES' FAQS thread!
    Advice to ignore is WRONG, unless in Scotland/NI.

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