Going to court tomorrow
#31
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LOL!
I should have made clearer, I have not actually been summoned to Court for any reason. This was my choice.
As part of the appeal process from NTEC, this is an option I am allowed to have. I could also have had a review by a District Judge, without a hearing, entirely my choice.
I think the fact that it goes to your local CC is because NTEC is itself 'supposed' to be a CC (although it clearly is not), so I assume that having a District Judge, at ones local CC is the appropriate way to deal with it.
Oh and thanks for the good wishes!
Asif
I should have made clearer, I have not actually been summoned to Court for any reason. This was my choice.
As part of the appeal process from NTEC, this is an option I am allowed to have. I could also have had a review by a District Judge, without a hearing, entirely my choice.
I think the fact that it goes to your local CC is because NTEC is itself 'supposed' to be a CC (although it clearly is not), so I assume that having a District Judge, at ones local CC is the appropriate way to deal with it.
Oh and thanks for the good wishes!
Asif
I had a very minor legal dispute, on which, without question I was in the right, but actually lost
on recounting my story to a friend who happens to be a top lawyer, his answer to was to say that “very few cases go to the court of appeal”, the inference was that to some extent the legal system is a bit of a “process driven” racket, with the odds stacked against you, as an individual, unless you have the resources to take it all the way
anyway – good luck,
#32
I have to say Asif, as much as I wish you well, I think you are on a hiding to nothing
I had a very minor legal dispute, on which, without question I was in the right, but actually lost
on recounting my story to a friend who happens to be a top lawyer, his answer to was to say that “very few cases go to the court of appeal”, the inference was that to some extent the legal system is a bit of a “process driven” racket, with the odds stacked against you, as an individual, unless you have the resources to take it all the way
anyway – good luck,
I had a very minor legal dispute, on which, without question I was in the right, but actually lost
on recounting my story to a friend who happens to be a top lawyer, his answer to was to say that “very few cases go to the court of appeal”, the inference was that to some extent the legal system is a bit of a “process driven” racket, with the odds stacked against you, as an individual, unless you have the resources to take it all the way
anyway – good luck,
Cheers mate. It will be fine either way. .
A result for me would be for them to pass it along, even if that eventually goes against me.
I was advised on this action by a solicitor who specialises in Bailiff type cases. She seemed to know her stuff. If it hadn't been for her I would have been paying out over £500 on this months ago.
My best hope is for the review judge to conclude that I did not deliberately ignore the notifications coming my way, as I didn't actually receive them, and allow me to go down the Parking Appeals route.
Even if he or she decides that they want more time to consider the new evidence pertaining to events of the last few months, will be a result also.
Anyway, if I win, it will be champers all round!!
Asif
#33
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Re. the bailiff's charges, see this blog post ... http://eureferendum.blogspot.com/201...onspiracy.html ... and associated links! Then apply it to your situation and see what occurs.
Dave
Dave
#34
That aside, fair go for trying it on.
Keep us posted fella.
My guess is that you'll have to pay up
Offer to pay £5 a month and ask for interest to be frozen.
#35
Scooby Regular
#36
Re. the bailiff's charges, see this blog post ... http://eureferendum.blogspot.com/201...onspiracy.html ... and associated links! Then apply it to your situation and see what occurs.
Dave
Dave
That is very interesting, as the bailiff charges I have had are far higher than apparently allowed in law. Although there may be some other aspect to it, such as other fees, petrol and so on?
Some of the experience sounds familiar, as I did speak with the bailiffs over the telephone. I love the bit about fraud and how the local authority could be implicated.
I have actually got some friends within the local authority (Head of Customer Services) who has taken a very sympathetic view and advised me to put my issues to the MD of the Bailiff company, copying him and the Head of Parking. Quelle surprise to see that I have not had a response!
Thanks for that.
#37
I was aware in that I received a Notice to Owner, after the initial event. My Wife was driving on that day and parked where she normally parks, not noticing that they had then painted a bus stop sign in that spot. I wasn't even in the country.
Says she never saw a ticket on the car either, but with her, that could have flown off. I have to be prepared to accept the fact that the judge will consider this in a judgement, but hopefully see the inconsistent comms by the local authority as sufficient mitigation.
Thanks very much. Keep your fingers crossed for tomorrow!!
Asif
#39
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Asif,
You stand a very good chance of getting the bailiff charges reduced as they are well known for being vastly over inflated and when challenged legally are often reduced, but in this case I would go after them being cancelled altogether as they were only there becuase of bad procedure.
As for the rest of your complaint if you articulate your argument well which I know you will and get a judge with some common sense I would say you have a fair chance of winning.
Good luck!
You stand a very good chance of getting the bailiff charges reduced as they are well known for being vastly over inflated and when challenged legally are often reduced, but in this case I would go after them being cancelled altogether as they were only there becuase of bad procedure.
As for the rest of your complaint if you articulate your argument well which I know you will and get a judge with some common sense I would say you have a fair chance of winning.
Good luck!
#40
Scooby Regular
Parking tickets don't 'fly' off the windscreen these days ... they are stuck on quite securely - back in my day in the 60's they were just placed under the windscreen, not now.
Good luck anyway .... will be interested to know how it turns out - I LOVE going to court!!
Good luck anyway .... will be interested to know how it turns out - I LOVE going to court!!
#41
Scooby Regular
iTrader: (1)
If you lose, you are going to have a county court judgement on your record. This is and will cause no end of problems with all sorts of aspects of your life, Any application you make whether car, house insurance, jobs you will be asked if you have had a CC against you.
I'm all for the fight, but you need to know when to give in. In this instance I couldn't say whether you have a strong case or not. Good luck
Andy
I'm all for the fight, but you need to know when to give in. In this instance I couldn't say whether you have a strong case or not. Good luck
Andy
#42
When my school mate and I were being regularly summonsed for speeding on our 'bikes we used to make sure we had it a bit over the top and called the magistrates "Your Honour". I think it usually impressed them and our main worry was that they might recognise us from the time before! We almost expected them to put our names on the waiting bench outside the court in the end waiting to be called in!
I think if you are polite at all times and have a good explanation you will be ok.
Les
I think if you are polite at all times and have a good explanation you will be ok.
Les
#43
Well, I won!
HELLO!
Very glad to say that I won, hands down. Local Council got a serious kicking in my view.
Once I explained myself, the Judge had no question in his mind at all.
I was nervous going in, then quite apprehensive when he started asking me questions, but stuck to my game plan.
He was clearly impressed by me, I believe that I was gracious in victory and he even commented on how well I had clearly been brought up!
I am happy to post more details later tonight and details will also be going up on my website, set up especially for these sorts of things.
As I still have my suit on am off out now for the afternoon, to do some freelance consulting, FOC, for my friends' start up.
Just saved myself £500, so can afford to 'give something back'
Thanks for all words of support.
Asif
Very glad to say that I won, hands down. Local Council got a serious kicking in my view.
Once I explained myself, the Judge had no question in his mind at all.
I was nervous going in, then quite apprehensive when he started asking me questions, but stuck to my game plan.
He was clearly impressed by me, I believe that I was gracious in victory and he even commented on how well I had clearly been brought up!
I am happy to post more details later tonight and details will also be going up on my website, set up especially for these sorts of things.
As I still have my suit on am off out now for the afternoon, to do some freelance consulting, FOC, for my friends' start up.
Just saved myself £500, so can afford to 'give something back'
Thanks for all words of support.
Asif
#48
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Excellent news mate well done !! had a similar experience last year regards a motoring matter and like you decided to take it to court, was infurating to sit in front off scum getting handed out £40 fines and yet every motoring case seemed to attract fines off several hundred pounds. 3 times I had to attend court / 3 days off work and due to the fact that I did not want to splash out several hundred pounds on the legal eagles I like you had to go thru it all by myself. explained my case which eventually led to the fine being dropped but points still being handed out.
have to say thou having seen the amount off scum go to court, get legal aid and either get let off or handed out minimal fines I would think twice about having to go to court again with regards a motoring offence- not a nice thing if its not in your nature !!
funny thing was decided to wear a suit the first day which turned out just an appearance to plead guilty or not, 99% off the rest off the folk there wore jeans and trainers, got in the main room and a young chap handed me a bit off official paperwork and asked me what court room he needed to go to ??!! felt kinda embarassed telling him I was going to ask him the same question 5 minutes earlier !!
have to say thou having seen the amount off scum go to court, get legal aid and either get let off or handed out minimal fines I would think twice about having to go to court again with regards a motoring offence- not a nice thing if its not in your nature !!
funny thing was decided to wear a suit the first day which turned out just an appearance to plead guilty or not, 99% off the rest off the folk there wore jeans and trainers, got in the main room and a young chap handed me a bit off official paperwork and asked me what court room he needed to go to ??!! felt kinda embarassed telling him I was going to ask him the same question 5 minutes earlier !!
Last edited by jono300; 22 September 2011 at 05:44 PM.
#57
Thanks all,
My doubting Wife has promised to take me out somewhere to eat now, to celebrate, so more details will be posted when I can. I did have a beer with my mate this pm, but am flying early tomorrow morning so can't get too smashed!
However, some corks may well be opened this weekend, as well as the Zubrowka!!
If anyone wants to join for a drink, you will be made welcome! Just bring some fresh lemons and limes please?
Asif
My doubting Wife has promised to take me out somewhere to eat now, to celebrate, so more details will be posted when I can. I did have a beer with my mate this pm, but am flying early tomorrow morning so can't get too smashed!
However, some corks may well be opened this weekend, as well as the Zubrowka!!
If anyone wants to join for a drink, you will be made welcome! Just bring some fresh lemons and limes please?
Asif
#58
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Evening Asif!
If I hadn't been at a friends house "bevvying" last night (reminds me Rioja and Grouse really don't mix! ), I would have posted and wished you luck, saying that the chances were you'd have to pay something, but that you should be able to significantly reduce the bailiffs bill.
Well, I'm glad to be proved wrong in that clearly you're paying bugger all! Well done the wee man!
Andy
If I hadn't been at a friends house "bevvying" last night (reminds me Rioja and Grouse really don't mix! ), I would have posted and wished you luck, saying that the chances were you'd have to pay something, but that you should be able to significantly reduce the bailiffs bill.
Well, I'm glad to be proved wrong in that clearly you're paying bugger all! Well done the wee man!
Andy
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HELLO!
Very glad to say that I won, hands down. Local Council got a serious kicking in my view.
Once I explained myself, the Judge had no question in his mind at all.
I was nervous going in, then quite apprehensive when he started asking me questions, but stuck to my game plan.
He was clearly impressed by me, I believe that I was gracious in victory and he even commented on how well I had clearly been brought up!
I am happy to post more details later tonight and details will also be going up on my website, set up especially for these sorts of things.
As I still have my suit on am off out now for the afternoon, to do some freelance consulting, FOC, for my friends' start up.
Just saved myself £500, so can afford to 'give something back'
Thanks for all words of support.
Asif
Very glad to say that I won, hands down. Local Council got a serious kicking in my view.
Once I explained myself, the Judge had no question in his mind at all.
I was nervous going in, then quite apprehensive when he started asking me questions, but stuck to my game plan.
He was clearly impressed by me, I believe that I was gracious in victory and he even commented on how well I had clearly been brought up!
I am happy to post more details later tonight and details will also be going up on my website, set up especially for these sorts of things.
As I still have my suit on am off out now for the afternoon, to do some freelance consulting, FOC, for my friends' start up.
Just saved myself £500, so can afford to 'give something back'
Thanks for all words of support.
Asif