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#Post#: 61706--------------------------------------------------
Lost in court
DIR By: Jack1
Date: March 10, 2025, 12:57 pm
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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
#Post#: 61713--------------------------------------------------
Re: Lost in court
DIR By: DWMB2
Date: March 10, 2025, 2:00 pm
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--- Quote from: Jack1 link ---
>
> 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.
>
--- End Quote ---
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.
#Post#: 61737--------------------------------------------------
Re: Lost in court
DIR By: Jack1
Date: March 10, 2025, 3:15 pm
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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?
#Post#: 61741--------------------------------------------------
Re: Lost in court
DIR By: DWMB2
Date: March 10, 2025, 3:33 pm
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What was your defence? Also, when was the judgement?
--- Quote from: Jack1 link ---
>
> "the defendant's vehicle being broken down and waiting for
recovery does not prevent the purchase of further tickets."
>
--- End Quote ---
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.
#Post#: 61858--------------------------------------------------
Re: Lost in court
DIR By: Jack1
Date: March 11, 2025, 6:29 am
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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.
#Post#: 61871--------------------------------------------------
Re: Lost in court
DIR By: G6PRK
Date: March 11, 2025, 7:10 am
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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.
#Post#: 61885--------------------------------------------------
Re: Lost in court
DIR By: DWMB2
Date: March 11, 2025, 8:02 am
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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.
#Post#: 61962--------------------------------------------------
Re: Lost in court
DIR By: b789
Date: March 11, 2025, 2:03 pm
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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.
#Post#: 61965--------------------------------------------------
Re: Lost in court
DIR By: DWMB2
Date: March 11, 2025, 2:13 pm
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Indeed - I'm struggling to see the grounds upon which you might
appeal based on what we've heard.
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