My appearance in Court

[Jono]

Thanks Huntingcross,

How would one go about counter claiming a Penalty Charge Notice or Court Summmons?

something like "If you fail to prove all of the above points I claim £******** for Harassment, Stress and waste of my time." ?

Kent

i think you appeal it, and it will go to crown court ? I think the lower courts hope they get away with judgments and people don't bother to create a fuss and go away.... so one could appeal it, and the account would be in dispute ?

just ideas

[KentB]

Hi Jono,

"What was the case number/date ? who was the judge, what was the conviction and judgment, for exactly ? Whats the courts phone number ?[/quote]

The case number was 470900189084

I do not know who the Magistrate was, but will find out. The Notice of Date and the Notice of fine & collection order, were both originated by the Justice's Clerk P. Vahey.

DVLA took me to Court for not paying the fine for having used a car when it was declared SORN (off road). They wanted 250 for this "offence" and I did not agree, I counter offered with £50, which they did not take. Thought this would be a good practical case to learn some of this stuff in real life. That is still the main purpose of this excercise. If I had worked in my trade the time I have spent studying stuff about this, I could easily have made the money to pay the fine long ago. But that is not the aim here. A man's gotta have a hobby and someone to lock horns with.
Now they want £425 from my 'person'.

The courts number is 01444 417611

[KentB]

I looked into an appeal, and it seems less than ideal.
They want to first have a Hearing - I can't see many judges being sympathetic to our cause and let the matter go beyond the hearing.
There are also some costs involved.

I think I will just do a conditional acceptance of their last offer, but with a counter claim, fee schedule and an affidavit, and take it via a Notary if possible.

[nethy02]

First of all many thanks to Veronica of the Chapman family for her book.
After reading it I decided not to continue paying off a dca`s ccj against me and in time they duly placed an interim charge on my property. I searched all the groups to see if I could use the strawman defence against them.
The comments i received were not looking good as I had already adjoined myself with the strawman in the original court judgement.
I decided to give it a go.
I received paperwork off the land registry before xmas 2009 telling me that there was a charge on my house. I rang them up and was told by an agent there that because I had a ccj against me that the dca could do this.
I then received a letter off the dca (not the court) telling me that there was to be a hearing at hmcs county court which was in their local area, miles away from where I live in mid Feb 2010.
I sent the standard template letter to the court ten days before the hearing was to take place by registered post.
A few days later, I received a letter back from the court saying "the case has been vacated to be relisted at ---- county court on the same date" and charging order to remain.
I therefore printed off another copy of the template to my local court 4 days before the stated hearing date.
I didnt sleep at all the night before the hearing as you can guess.
I rang up the court on the morning of the hearing to see what time it was scheduled to be heard only to be told that there was no hearing that day. After asking for what reason that was and whether they had received my paperwork, the young lady I spoke to couldnt confirm anything other than to tell me it takes up to 4 months to get a hearing.
My question to the knowledgeable folk on here is this
1 was the 2nd hearing also an offer?
2 Have they tacitly agreed they have no jurastiction over me by not replying to my 2nd refusal letter (it has been over 2 weeks now)?
3 Does anybody have any experience of an adjioned strawman and how to seperate after the event.
Thanks to everyone on this site Best wishes