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I WON RESTITUTION FROM COUNCIL
tabitha
post Fri, 24 Nov 2006 - 15:36
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I won restitution from council today in county court.
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post Fri, 24 Nov 2006 - 15:36
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peterb
post Fri, 24 Nov 2006 - 15:43
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QUOTE (tabitha @ Fri, 24 Nov 2006 - 15:36) *
I won restitution from council today in county court.

Did council contest ??
How many PCNs & how much money was involved ??

peterb

This post has been edited by peterb: Fri, 24 Nov 2006 - 15:44
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tabitha
post Fri, 24 Nov 2006 - 15:44
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In advance of today i sent copies of Judge Jackson's ruling and other documents re the county court being the right forum i.e. Strauss etc.


The judge just refered to Judge Jackson's ruling. He said that he thought it quite straigtforward - he said a 'mistake of fact'.

He didnt allow the council to have an adjournment. The council said that they had employed a barrister, who won the Tunbridge wells case by saying that the county court wasnt the right forum,and that he needed an hour and a half.

the judge said that he had juridiscation and could rule on this. He said that the council should pay me the pcns that i had already paid plus costs plus 8% interest.

Plus the council asked permission to appeal and the judge denied them permission to appeal.

I didnt have to say anything that i'd planned to say, the judge simply seemed satisfied with Judge Jackson's ruling and judged it according to that.

What do you think?

Yeh!!!!!!
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Tony-Medusa
post Fri, 24 Nov 2006 - 15:44
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How about a bit more detail to help others follow that path please?
At this brief stage it's just hearsay
AH HA! Now that' interesting. Sorry you answered before my question got posted.
Which borough was it please, and what dates were the PCN's?

This post has been edited by Tony-Medusa: Fri, 24 Nov 2006 - 15:47
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Teufel
post Fri, 24 Nov 2006 - 15:44
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well done - how much ?

it would help enourmously if you could post full details or your
argument, their defence and the judgment
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tabitha
post Fri, 24 Nov 2006 - 15:46
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It was for three pcn's at £30.00 each dating from 2001,2002 and 2003. The council queried this and the judge said that it was within the 6 years statute of limitations?
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peterb
post Fri, 24 Nov 2006 - 15:49
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QUOTE (tabitha @ Fri, 24 Nov 2006 - 15:44) *
The judge just refered to Judge Jackson's ruling. He said that he thought it quite straigtforward - he said a 'mistake of fact'.

He didnt allow the council to have an adjournment. The council said that they had employed a barrister, who won the Tunbridge wells case by saying that the county court wasnt the right forum,and that he needed an hour and a half.

the judge said that he had juridiscation and could rule on this. He said that the council should pay me the pcns that i had already paid plus costs plus 8% interest.

Plus the council asked permission to appeal and the judge denied them permission to appeal.

I didnt have to say anything that i'd planned to say, the judge simply seemed satisfied with Judge Jackson's ruling and judged it according to that.

Absolutely brilliant, sounds like you had a wale of a time !!

Judge was on your side & wasn't going to tolerate nonsense from council.

How long was the hearing ??

peterb
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tabitha
post Fri, 24 Nov 2006 - 15:53
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The council were fumbiling about muttering stuff about i should have appealed at the time to the parking adjudicator. The judge said that Judge Jackson's ruling was higher than some barriser's case in Tunbridge wells.

It was great, I was in and out within 10 minutes.
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Tony-Medusa
post Fri, 24 Nov 2006 - 15:54
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what council was it please?
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tabitha
post Fri, 24 Nov 2006 - 15:58
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Southend-0n-sea borough council. I am particularly pleased because the parking tickets were for parking outside of my own house where they have yellow lines. On occassions when i have forgotten to move the car. You can park one side or the other of my street for one hour at at time, they gave me a pcn even though some of the traffic wardens knew that i lived there. So this is excellent news for everyone who lives in Southend, i think and everyone else everywhere I hope.
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Tony-Medusa
post Fri, 24 Nov 2006 - 16:01
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Thanks for that, I have posted a link on LMAG to this, see Camden Posting of mine below, for others.
HOPE you don't mind, this opens a large area of confidence that others need for compensation claims....
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tabitha
post Fri, 24 Nov 2006 - 16:03
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I Absolutely dont mind, the more people get their money back the better.
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Tony-Medusa
post Fri, 24 Nov 2006 - 16:08
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THANKS!
the other link is
http://www.lmag.org.uk/modules.php?name=Fo...opic&t=1204
If you don't mind, and you cover the private details, or I will for you, I would like to put your win on my own site at
http://www.logiclaw.co.uk
This will affect very very many people.

This post has been edited by Tony-Medusa: Fri, 24 Nov 2006 - 16:08
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Wayne Pendle
post Fri, 24 Nov 2006 - 16:38
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Excellant news and well done. Tony's right, this has national significance and indeed i should imagine that Nick Lester will choke on his Cornflakes when he reads about it, especially the fact that the Judge awarded 8% interest too.

This post has been edited by Wayne Pendle: Fri, 24 Nov 2006 - 16:39
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contractor
post Fri, 24 Nov 2006 - 17:05
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REALLY REALLY well done. This is just what we need. I wonder if the rest of us still waiting to go to court will still have to or will the respective local councils pay up before hand?
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Tony-Medusa
post Fri, 24 Nov 2006 - 17:11
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They will fight right up to the last eyball, its a question of who blinks first.
It is good for the stronger, as the councils are unlikely to go for them again, but the weaker members of society need our help. PCN enforcement is, let's call it by its name, a tyrannous system, like the crown prerogative before 1869.

This post has been edited by Tony-Medusa: Fri, 24 Nov 2006 - 17:19
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fred2
post Fri, 24 Nov 2006 - 17:53
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Well done. Would it be ok if you posted a copy of the particulars of claim.
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peterb
post Fri, 24 Nov 2006 - 17:58
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Looks like these are the relevant threads TABITHA genned up on:

model letter seeking restitution, defective pcn's getting your money back
http://forums.pepipoo.com/index.php?showtopic=14762&hl=

Been to Court for refunds, going again, These docs may help others - first my skeleton...
http://forums.pepipoo.com/index.php?showtopic=15661&hl=

peterb

This post has been edited by peterb: Fri, 24 Nov 2006 - 18:00
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tabitha
post Fri, 24 Nov 2006 - 18:27
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I think this is what you mean by particulars of the claim?

I used the model letter claiming restitution on this site where i also asked for help re the councils amended defense.

Thanks a lot to Teufel who really helped me out with this!!!! and thanks to this site, i have won.

Then i downloaded documents relating to the county court being the right forum i.e. Strauss v Patas etc, the sites are on the Model letter for restitution post, and sent all the documents and the accompanying letter to the court and the council. The court instructed that i do this at least 14 days before the court date. The council was meant to send me any documentation that they intended using in court but i didnt receive anything from them.

I spoke to the councils solicitor before we went into the court and she said to me, 'do you understand that we are just requesting an adjournment today?' I was expecting it to just be adjourned.

The judge didnt even seem to be bothered with any documentation other than the Judge Jackson ruling. Is this what you mean by particulars of claim? If not, let me know, and ill post it.

Tony Medusa, you can put it on any site you like. I've had a look at your site, i cant work out where to put what. You do it for me i think. Thanks

Peterb. is that your skelton, been to court for refunds, going again, i think that is the case that the council was saying they had won in tunbridge wells based on abuse of process, wrong forum? That really helped me prepare for my case though in the end i hardly said a word.
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peterb
post Fri, 24 Nov 2006 - 18:41
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Amazing, the council/councils haven't got a clue !!
These jokers have got away with it for too long !!

Looks like your council weren't prepared for this, but that doesn't surprise me.
They obviously hoped to bury your case.

QUOTE (tabitha @ Fri, 24 Nov 2006 - 15:44) *
He didnt allow the council to have an adjournment. The council said that they had employed a barrister, who won the Tunbridge wells case by saying that the county court wasnt the right forum,and that he needed an hour and a half.

the judge said that he had juridiscation and could rule on this.


QUOTE (tabitha @ Fri, 24 Nov 2006 - 15:46) *
The council queried this and the judge said that it was within the 6 years statute of limitations?


QUOTE (tabitha @ Fri, 24 Nov 2006 - 15:53) *
The council were fumbiling about muttering stuff about i should have appealed at the time to the parking adjudicator. The judge said that Judge Jackson's ruling was higher than some barriser's case in Tunbridge wells.


QUOTE (tabitha @ Fri, 24 Nov 2006 - 18:27) *
I spoke to the councils solicitor before we went into the court and she said to me, 'do you understand that we are just requesting an adjournment today?' I was expecting it to just be adjourned.

peterb

This post has been edited by peterb: Fri, 24 Nov 2006 - 19:39
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