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jpaul3767

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Posts posted by jpaul3767

  1. Well I asked for costs when I got my CCJ set aside, and the judge said that she would wait until the actual hearing and if I won that the n244 cost would be returned to me. It was even written on the judgement order for the setting aside. But I just received the judgement for the actual case and there is nothing regarding costs. I was so elated at winning that I forgot to mention costs at the hearing, but it was written in my witness statement, there was a counterclaim of £75 in my statement. I guess I have messed up, because there is no mention of it in the final judgement i received today. Any ideas?

  2. Judges summary was more or less as follows,

     

    "OPC have a contract with Peverel to enforce parking restrictions on Juniper/Cavendish Court. OPC have 3 signs on display in the controlled area which state the terms and conditions of parking there. It is completely possible that on entry to Juniper.Cavendish Court, the driver of the vehicle did not see the signs and therefore was unaware of the restrictions. Also, due to certain laws, only the driver of the vehicle in question can be charged, and not the registered keeper of the car, as he was not aware of any contract being formed. In every case, there is a burden of proof, and in this instance, the burden of proof lies with the claimant. Since the claimant is unable to prove who the driver of the vehicle was at the times of the alleged offences, then I have no option but to dismiss this claim." She then asked Julie Tomlin if she had anything to say, to which she replied no, and said case dismissed.

     

    Thanks again to all that helped, hope one day I can buy you all a beer!!! :-)

  3. 135. Penalty for falsely pretending to act under authority of court. Any person who—

    (a)

    delivers or causes to be delivered to any other person any paper falsely purporting to be a copy of any summons or other process of a county court, knowing it to be false; or

    (b)

    acts or professes to act under any false colour or pretence of the process or authority of a county court;

    shall be guilty of an offence and shall for each offence be liable on conviction on indictment to imprisonment for a term not exceeding 7 years.

     

    136. Penalty for falsely representing document to have been issued from county court. — (1) It shall not be lawful to deliver or cause to be delivered to any person any document which was not issued under the authority of a county court but which, by reason of its form or contents or both, has the appearance of having been issued under such authority.

    (2) If any person contravenes this section, he shall for each offence be liable on summary conviction to a fine of an amount not exceeding level 3 on the standard scale.

    (3) Nothing in this section shall be taken to prejudice section 135.

     

    These are the two bits that I believe are what they are talking about. I used this in my defence today, and even though it wasn't the winning factor, OPC still lost.

  4. Yes Zeb I am still receiving letters from OPC Legal Department now regarding other tickets that I allegedly received, even though I have a court case with them in a week from now (13th). But no, I also have not seen any new fake court papers, just the usual threat of court action. Look forward to hearing your side when al is done. Will let you all know how it goes next week.

  5. Papers received from the court a few days ago. The hearing will take place on 13th December. Starting to get all my paperwork together and print off copies for the court and for OPC, as it all needs to be in by 11th November. Also it says the order was made on 30/9/2010, but I only received the package a few days ago, does that seem strange or is that normal? Anyway, I will keep you guys informed. Any tips then please send me a private message. :-)

  6. Al, if you could do the same for me please by pm or email I would be very grateful. I would love to add this into my defence, and any other details about previous cases that have been lost by OPC. This IP business is shaping up to be a great mould for future cases. Hope it gets heard before my case which is likely to be end of November or early December. Thanks in advance. JP

  7. Hiya. I need to send my allocation questionnaire to the court by the 22nd September, but they still have not sent it yet, so will ring them tomorrow to find out whats happening. But also, I wanted to ask, if I want to add another point to my defence, point being the road my car was parked on is not a road that OPC's contract states it is regulated to patrol, do I have to send it to the court before using it? Or can I turn up on the day with proof of this fact? Thanks

  8. Yes I asked the judge at the end of the hearing how I go about making a counter claim to get back the £75 for the N244. He said he will put a reservation on the £75 for the hearing, and if I win, then the money will be returned to me by OPC. If I lose, then I get nothing and have to pay for the parking tickets. He didn't sound like he was on anyones side, but he did say that the reason for being there was not to decide who was right and who was wrong, but simply to see whether I had the right to get the judgement set aside. And it seems like I had the right.

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