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Messages - Jogon

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31
Parked on double yellows with Disabled badge, but didn't spot the sign that said 'No Loading at Any time'.  and was promptly ticketed by a council CEO.

The sign was stupidly small but I'm guessing there is no real defence to this?

No loading at any time isn't the same as parking until it's a council sign ?

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32
It may not feel like it right now, but that is a win. Know that it has cost them more than it cost you.

If you’ve not received a letter from DCB Legal notifying you of the discontinuation together with a copy of the N279 NoD, in the next few days, you will have further grounds to follow up with a complaint to the SRA.

In the meantime, you should make a formal complaint to HMCTS about the abysmal lack of response and shoddy system when trying to resolve urgent issues. Go to:

https://hmcts-complaint-form-eng.form.service.justice.gov.uk/

You can also upload documents to back up your complaint.

You should get your MP involved too.

IN the meantime, If you receive your copy of the N279, please post it here.

An update of sorts, still no paperwork from the other side regarding discontinuation or indeed
anything at all re the striking out / costs etc

However I did receive yesterday 13th an email from an Administative officer of the court in my
response to my request (twice sent) for a judicial intervention 2 weeks ago,  bearing in mind the case was struck out or discontinued 6/7th May.

It said:


Good Afternoon

To refer your letter to the judge, you’ll need to complete an N244 Application Notice, you
can find this application on line

Please note that fee charges apply

Kind Regards

(name of Administrative Officer)
------

33
Tried ringing the call centre on Wednesday, went from 59 to 0 in about 55mins, got connected but then they disconnected me, tried again and the same happened.

So went to the court, despite the answering machine stating they were open from 9am/5pm or thereabouts they are not open at all, 5 staff at the doors close to the scanner ‘ sorry, since ‘covid’ blah blah,  not open, but I could take a form and book an appointment,  no thanks, but what an utter waste of time the court service appears to be, how does anything get done?

So, today Thursday I tried calling the central call centre again, first time took 45 mins, disconnected after about 1 minute of speaking to whomever, I tried again and 1 hour later I was connected and stayed connected.

I asked if the other side had paid the trial fee, but all the call centre could see on the system was that the case had been discontinued, they couldn’t tell me by who or what but it had been discontinued on the 6th of May?

Apparently they won’t know any more until the local court update the system with whatever order it is, which when pressed said, ‘anything up to 14 weeks’ before I get something through?

Todate I have not received anything from the claimant re discontinuation.

I asked the call centre staff re claiming for costs, he had a look and came back with ‘ You need to make a counter claim’.  at which point I realised I wasn’t going to be getting anywhere with them so terminated the call.

In Notice of Trial date, it states:

Unless the claimant does by 2pm on 7th May 2025 pay to the court the trial fee of £27 or file a properly completed application (ie one which provides all the required information in the manner requested) for help with fees , the then claim will be struck out with effect from 7th May 2025 without further order and, unless the court orders otherwise, you will also be liable for the costs which the defendant has incurred.

I haven’t received anything from the other party re discontinuation, so would it be feasible to attempt to claim for the costs? I have no idea as to what amount would be reasonable, I’ve spent an amount of time on it etc

Nothing was ever received from the Judge re my letters requesting ‘judicial intervention’. either.

Regardless of the outcome of the costs, I’ll be donating £25 to help here with the hosting fees, it’s the very least I can do.

It should never have gotten to this point, the claimant are nothing but chancers, bullying people in the hope that they give in and pay up, money that they (claimant) were never entitled to in the first place in many cases, mine included. 

I’ll update as and when anything shows

and finally thankyou to you b789, your predicted their every move, your advice was 100% spot on,  I can only thank-you for your time, it has been very much appreciated throughout, Thankyou!

34
I’ll do exactly that and I’ll update here accordingly.


35
I phoned the courts, total waste of time as every option ended in the central call centre which is an experience all by itself

In the end I sent it again in email, same drill as before but as per your advice above to the court manager as apposed to the judge direct.

Yes, they have to pay a fee by 2pm on 7th May, exchange of witness statements etc by 4pm on the 6th May

36
Just a query here, since I sent the request for the Judicial Intervention on 11th April I have heard nothing from the Derby court or anything on MCOL

The judge expects exchange of witness statements by 4pm on 6th May, i’ve not as yet has anything from UKPC but more importantly I’ve not received anything from Judge Davies or the court?

I’ve drafted another email but haven’t as yet sent it pending on what you may be able to advise?

Should I send it by email or hand deliver a copy to the courts later today, as they don’t work weekends the next day for it to be seen if hand delivered would be Monday 5th May

___

Case Number: 123456
Claimant: ****
Defendant ****
Date: 2nd May 2025

Dear Judge Davies,

I write as the defendant in regards to the above case number.

I sent an email to yourself dated 11th April 2025 a copy of which I have attached to this email, I copied myself
in on my email so as to provide to myself a proof of delivery to the courts, I can confirm I received my mail by return after sending.

The purpose of my email was to ask for Judicial Intervention to Prevent Prejudice Following Procedural Irregularity in Allocation Order.

As of the date of this further email Friday 2nd May I have not heard back from yourself in regards to my request?

As you has previously instructed in your  Notice of Allocation to the small claims track (Hearing) 4th April 2025
for witness statements and Documents to the court to be sent to each other (claimant/defendant) and the court by
4pm on 6th may 2025 I am mindful that this date is almost upon us?

Could you please advise?

Sincerely

37
I don’t think kindling is eco friendly, I prefer to recycle, therefore I gave it to my children, one of which made a paper airplane, sadly it’s maiden flight ended in tears due to one my my pooches taking it out of the air midflight.

I sent the email, it sent me a copy back, doesn’t appear to have bounced either.

38
I’ll send it via email shortly,

Just a small update, one of UK Parking Control’s their hired hounds (debt agency) have today
sent me a ‘Without Prejudice save as to costs’ offer of £100 on the alleged full balance of £259.80

39
It was District Judge Davies.   I only redacted as didn’t think it was required.

I’ll send the advised letter tomorrow Friday vis 1st class signed for and as an email tomorrow also.

Thankyou!

40
OP, can I move you away from process to your defence pl.

Was there a breach of contract?
If so, the driver is liable;
In the alternative the keeper may be held liable.

So, where are you?

IMO, putting a BB on a seat in the car is not displaying 'clearly'. I know of no publication or case law which suggests otherwise. So, the court is likely to find that the BB was not displayed clearly and therefore the driver was in breach and a parking charge is owing.

Can the claimant prove you're the driver?

In the alternative, could they hold you liable as keeper?

The essence of the answers to the above seem to have been lost in a sea of process. Process is important, but so is having a defence.

I was not the driver, they don’t know who the driver was, they’ve also messed up re dates on appeal which seems to have not made any difference, however I can’t add anything more than what is contained in the early states of this thread?

Just to answer your query, the signage on the retail park simply states the badge needs to be clearly displayed, it doesn’t however say where it needs to be displayed? just that it’s clearly displayed which it was.


41
Received Hearing date from local courts today [ Guests cannot view attachments ] [ Guests cannot view attachments ]



No idea how to get the images to post inline

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42
Yup, all so so far, received a notice from the local courts stating it had been sent to the courts for allocation.  It’s to be referred to a procedural judge for allocation to the track and case management directions.  Details of the judges decision sent via notice of allocation.

Thats the very latest.

43
Latest is that it was transferred to my local Court in the middle of last month, nothing since then.

44
It went exactly as you stated. Mediator was pleasant enough.
They mediator didn’t attempt to give an opinion, just reminded me of the possible costs issue should
it go to court and judgement was made against me.

The other side had simply stated they’d looked at the photos and observed a coat on the seat not a badge, but altogether skipped that this was secondary to the issue that they had not named the driver and simply sent me the the ticket as owner of the vehicle and had ignored my defence.

I offered nothing, was asked if I wanted to reconsider to which I said no and the call was terminated.

Call in total, 8 minutes .


45
Thankyou!   I’ll let you know how it goes

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