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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 49836
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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Thanks help.As I believe in what you said

Customer Question

Hello thanks for decent help.As I believe in what you said the interpretation for calculations in small Claim Courts are as they are I need to do it other way.
As follow up the appeal matter. where can we go to next to get satisfactory resolution? To make sure that defendand guilty damage does not walk free of any punishment?
Submitted: 1 year ago.
Category: Law
Expert:  Ben Jones replied 1 year ago.
Hello, my name is***** am a qualified lawyer and it is my pleasure to assist you with your question today.
Expert:  Ben Jones replied 1 year ago.
What is the claim for please?
Customer: replied 1 year ago.
That's my last message from you so you can recollect :"I am sorry but Strasbourg will have zero interest in hearing such a claim. I can discuss the appeals options in the UK, please leave a rating so I can continue answering follow up questions further, many thanks" I had left you a rating to follow up a question, but not found the option like that!
Customer: replied 1 year ago.
Hello, thanks for your opinion, but where do I go next because I do not agree with the decision?
There is "funny" interpretation small claim worked.
I sued the hooligan who came around and damaged my car. I expect the legal action to make defendant to pay/ or fully repair the damage done. I NEVER CLAIMED AGAINST THE BUYER TO COVER FOR SOME OF THE DAMAGE, WHICH IN FACT WITH THIS JUDGEMENT HE PAID FOR THE CAR REPAIR NOT BECAUSE HE LIKED IT! The Small claim court says: you sold the car then your damaged is paid! It is not! If I had not sold the car, what then? The £750 as fixed price is wrong idea. I could start of £0.99 as well. The value of things on auction is set by the amount of money the bidder wants to offer! I kept listing car for few months for different starting prices for fast sell. (As by Wirral Council order I had to reduce my cars kept of one by 21 of May 2015)In fact the hooligan who made damaged DOES NOT FEEL the guilt, thinks that I'm harassing him! It's all upside down! How about me? I rushed to sell as per Council Order and instead of having it sold fast I had to move car round for months taking repair first!
PLEASE advice which court should I go next to get justice ? Did I write my claim wrong way, should I wrote it other way? Did I choose wrong Court? Should I choose the other court?
The damaged was repaired by me - not the man who damaged it, not by offender!
PLUS at time of incident in May my household was all over in debts and first of all debt advisers was saying : sell spare vehicle to pay bills. Right?
Going via small claim court all my potential "earnings" I could get for paying some of my debts is taken away by the Judge to make me paying for damage not caused by me! Struggled to pay repairing car instead of paying my bills! I had no other car on the road at the time to save for debts, and was left with no car to use. Had to borrow more money to Tax and Insure bigger car even sell was not done! ( Registered Classic Vehicle was with TAXED with symbolic fees. And very low Insurance: £130 per year of Insurance!) Had to put Chrysler on the road with expensive Tax Road and Insurance over £400! Where is the justice? Where is me being harassed and left in troubles and more debts? Judge was not prepared to ask of my situation, so I need full track court procedures! I need justice!
I'm now better with finances as year passed, the Judge and the defendant let me down and harassed when I struggled the most! It's just robbery in the name of law and encouragement for hooligans to continue damaging things and going away free of charge! OTHER THING WHICH JUDGE DID NOT EVEN WANT TO LISTEN: defendant was told to call his insurer before running the car. He never did. He broke the law and damaged 2 cars in one minute. His car repaired by insurer, mine by myself due to him not wanting to insure for viewing of car. He was arrogant all way along, delaying with every message, after my hardest time passed and my car was nearly ready to go up for sale again, he offered me to buy the car for say £350. I declined saying sell done. I did not want to deal with this man again, as he promised to cover every penny for damage, whilst he made damage. His insurer instructed him that what he's done would not cover by insurance, cause he never complied with policies, and called only post factum! So that's why we had to meet in some court as he new he was instructed he was 100% guilty and must pay 100% himself for all damage. Roy was trying to say nothing happened to my car while hit the bigger car and the other one got serious damage! Panda is light car, not a tank! All parts of it just mis-shaped, bent, radiator bent and leak and its structure frame, 2 headlights crashed. I could not even get the lights on the market as no longer in production! Had to ask collectors, and searched online. He left us in the limbo. He was instructed by his insurer what's what. After all of that instructions the Judgement of Small Claim Court like magic released him from the responsibility of covering whole damage! I can't believe it! Made me part guilty for damage as had to pay for repair from my possible revenue.The Small Claim is not the one to cover this shall I go directly to Strassburg or there is instance above in UK I can get justice for us?
I really would like your advice which court I can go so I get satisfaction after all of theis mess. Thanks
04/05/2016 03:58
Ben Jones Ben Jones Solicitor
I am sorry but Strasbourg will have zero interest in hearing such a claim. I can discuss the appeals options in the UK, please leave a rating so I can continue answering follow up questions further, many thanks.
Expert:  Ben Jones replied 1 year ago.
Sorry I did not realise you had posted two separate questions on this. As mentioned on the other thread, if you want to appeal you must get the court’s permission to do so. The appeal court will allow an appeal where the decision of the lower court was either:· Wrong (in that it erred in law or in fact or in the exercise of its discretion).· Unjust because of a serious procedural or other irregularity in the proceedings in the lower court. This may sound simple enough but in reality it is not that easy. In the circumstances I do not see that the decision was wrong in law or in fact, it is basically a dispute as to what the value of the car was, which in the absence of a concrete figure certified anywhere is not a perverse decision. Anyway the first step is to make an application for permission to appeal. This is done with the following form:
Customer: replied 1 year ago.
Hello thanks.
We already had permition. Had also one stage of appeal processed. The Judge one uper level looked through Judge notes from the hearing, and could not find ANY information that Judge agreed to any costs towards the part.
Then that level up Judge permitted us to apply for court hearing transcript and then go for appeal hearing with that transcript. The appeal hearing is on the 10th of May. [email protected] why I could give you transcript to look at in our previous question.
we passed that stage.
What to do next? From your previous advice I undrstood that we have no chance to win on that appeal hearing as the new Judge calculation will be the same as yours....
Expert:  Ben Jones replied 1 year ago.
No, of course I cannot guarantee that the new judge will come up with the exact same decision, I was just highlighting the fact that what the current judge did was not an error of law so the grounds of appeal would have been weak. So as I understand it you have an appeals hearing, and that is the next part of the process. Until you have had the appeal heating and know what the outcome is you cannot take the matter further
Customer: replied 1 year ago.
Ok, if we are not satisfied, what will b further course of actions. I need to know what's left for after. Other options please.
Expert:  Ben Jones replied 1 year ago.
Once your appeal and an appeal is decided it is usually called a final determination. The Court of Appeal or the High Court may reopen a final determination of any appeal, but will not do so unless all of the below apply:· It is necessary to do so in order to avoid real injustice.· The circumstances are exceptional and make it appropriate to re-open the appeal.· There is no alternative effective remedy. You must submit an application to the court whose decision you wish to reopen and must make it by submitting an application notice, supported by written evidence, verified by a statement of truth