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Received a CCJ (by default)... OPC Parking Ticket


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Oh crap, I didn't ask about that, I had a counterclaim in my witness statement, and the judgement in my setting aside stated that if I win the case I get my 75 back, but I was so happy about winning it slipped my mind to mention it. Oh darn it!!!

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Well done!

 

If the court is on top of things you should receive two judgements - one for your dismissed case and one for your counterclaim.

 

If yours is missing, you can ring the court and write to the judge if necessary.

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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!!! :-)

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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?

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