Hi,
I hope someone can help me with this situation.
My husband was driving my car when he parked it for 2 hours. When he came back, the car wouldn't start, so he called the AA. While waiting for their arrival, someone else jump-started the car, and he canceled the call-out. However, we received a ticket for overstaying by 25 minutes. We initially ignored the ticket, and they took us to court. We submitted a statement explaining what had happened, although we didn't have evidence at the time. Unfortunately, the judge ruled against us, stating that my husband should have paid for the extra time.
A day after the hearing, we finally received a letter from the AA confirming the call-out, so we now have evidence.
Is there anything we can do to appeal this decision?
Thank you,
J
Unfortunately, the judge ruled against us, stating that my husband should have paid for the extra time.
A day after the hearing, we finally received a letter from the AA confirming the call-out, so we now have evidence.
If the reason the judge found against you
* was that he believed you could have paid for your stay in the car park, it's unclear how the evidence from the AA will support you in challenging that. From your summary, you don't suggest that the judge disputed that you had a breakdown. Did he?
I'm also not sure that you can enter new evidence if you appeal - an appeal is generally made on the basis that the judge made a legal mistake, not just because you have managed to strengthen your position since the hearing.
* or your husband, it's unclear from your post which of you was the defendant - there is generally no 'us' in these situations, unless the defendant is a company.
Thank you for your reply.
I am the defendant, but my husband was the driver.
The judge stated that, despite the breakdown, "the defendant's vehicle being broken down and waiting for recovery does not prevent the purchase of further tickets."
Is there anything I can do?
What was your defence? Also, when was the judgement?
"the defendant's vehicle being broken down and waiting for recovery does not prevent the purchase of further tickets."
One might view this judgement as harsh, but I'm not sure how likely you would be to successfully argue it is wrong in law.
Where breakdowns occur, one of the frequently deployed defences is "frustration of contract", which is where an unforeseen event (breakdown) outside of the control of the parties renders performance of the contract impossible, or substantially different from what was envisioned.
This argument is effective in cases where there is, for example, free parking for a maximum period, but that period is exceeded due to the breakdown. However, in this case, it seems the driver
could have paid at the time to cover their 25 minute overstay, and performance of the contract would therefore not have been impossible.
My defense is that it is out of my control due to the breakdown. The hearing was on 19/02/2025, and I received the letter on 24/02/2025. The deadline to pay is 13/03/2025 at 4 PM.
How did you demonstrate that it was out of your control due to the breakdown and how does the new evidence bolster your case do you think?
Might be useful to share the claim form (specifically the particulars of claim) and your submitted defence. All personal info redacted of course.
Definitely feels like this one might be a lost cause sadly.
I don't have much experience of appeals, so if you're appealing, seeking advice would be wise.
You generally need to apply for permission to appeal within 21 days of the decision.
If you have a deadline to pay, missing this can lead to a world of financial pain for up to 6 years, so beware the risk of missing that.
Did you request a hearing "on the papers"? That is about the worst thing you can do. A judgment agains the defendant in a hearing on the papers is more or less the norm. Why didn't you elect to attend the hearing in person?
I doubt that your new evidence has a snowflakes chance in hell of being sufficient for an appeal and I suggest you take this one on the chin and pay the judgment before the 13th. By doing so, there will be no record of this on your credit file and you just get on with your life and come here next time you get a PCN for advice on how to deal with it and win.
Failing to pay the CCJ by the 13th will mean 6 years of financial pain. Paying it after the 13th simply leaves it on your credit record but marked as "satisfied", which is about one degree less financially painful than of you did nothing.
Paying it, expunges it from the record.
Indeed - I'm struggling to see the grounds upon which you might appeal based on what we've heard.
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