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       #Post#: 78077--------------------------------------------------
       Re: Refunds for PCNs Improperly Issued Because of Legal Faults
   DIR By: John_S
       Date: June 25, 2025, 4:27 am
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       I was thinking more about the design of the court system in my
       last post. Tribunal cases generally progress direct to the High
       Court.
       In a County Court a claimant would need to prove a breach of the
       council’s duty of care and that he/she suffered loss as a
       result. This may be difficult, given the claimant would already
       have paid the penalty charge, thus potentially admitting some
       guilt.
       Nevertheless, I do understand the sentiment behind the idea
       suggested by [member=4]Southpaw82[/member]. Has anyone
       successfully issued a claim for a refund of a penalty charge in
       a County Court before? If so, did they win?
       Moreover, does a District Judge have the relevant jurisdiction,
       given that he/she may need to scrutinise a previous decision by
       an ET Adjudicator?
       #Post#: 78129--------------------------------------------------
       Re: Refunds for PCNs Improperly Issued Because of Legal Faults
   DIR By: Southpaw82
       Date: June 25, 2025, 9:10 am
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       --- Quote from: John_S link ---
       >
       > In a County Court a claimant would need to prove a breach of
       the council’s duty of care
       --- End Quote ---
       Not in a claim for restitution they wouldn’t.
       --- Quote ---
       > This may be difficult, given the claimant would already have
       paid the penalty charge, thus potentially admitting some guilt.
       --- End Quote ---
       Irrelevant to a restitution claim, which would be based on a
       mistake as to fact and/or law. In fact, if no payment had been
       made then no restitution claim could be brought.
       --- Quote ---
       > Moreover, does a District Judge have the relevant
       jurisdiction, given that he/she may need to scrutinise a
       previous decision by an ET Adjudicator?
       >
       --- End Quote ---
       What decision of an adjudicator would be under scrutiny?
       #Post#: 78274--------------------------------------------------
       Re: Refunds for PCNs Improperly Issued Because of Legal Faults
   DIR By: John_S
       Date: June 26, 2025, 5:24 am
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       [member=4]Southpaw82[/member] thanks for your replies and
       explanations. I’d be very interested in watching a claim like
       this go through the county court.
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