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Does the Cargius case still stand

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  • ShropshireL4d
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    Yet another letter received from Zenith urging us to "take advantage of their discounted settlement offer of £99.99".
    This letter also includes the paragraphs..
    "You should note that if the case reaches court and a Decree or Judgement is obtained, the amount outstanding may increase.
    It may also seriously affect your ability to obtain credit such as mortgages, credit cards, bank loans etc in the future".

    Surely this will only be the case if we do not pay any court order?
    Are we right in thinking this is a very misleading statement?
    The situation is now feeling a bit like harassment.

    We have read Daisy's letters and are considering something similar to add to our side of the paper trail and further confirm our stance of not paying the "penalty charge".

    Any advice gratefully received.
  • ShropshireL4d
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    Hi Beamerguy,
    What new claim procedures would they not be able to comply with?
  • Umkomaas
    Umkomaas Posts: 41,346 Forumite
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    Hi Beamerguy,
    What new claim procedures would they not be able to comply with?

    https://www.hilldickinson.com/insights/articles/new-pre-action-protocol-debt-claims

    http://www.lpc-law.co.uk/news/latest-news/2017/april/pre-action-protocol-for-debt-claims/

    Beyond the above, we know about as much as you do once you’ve read them.
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Private Parking Firms - Killing the High Street
  • ShropshireL4d
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    Now received a Gladstones letter regarding this penalty request.
    Amount outstanding now back up to £150,
    Letter refers to the option to commence proceedings and that this right exists for 6 years.
    Also a paragraph about Beavis v Parking Eye - this "confirmed the lawfulness of charges based in contract and their recoverability in Civil Law".
    Surely our contract was to pay £1 per hour not this extortionate amount? Would this be a justifiable defence?
  • Umkomaas
    Umkomaas Posts: 41,346 Forumite
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    Surely our contract was to pay £1 per hour not this extortionate amount? Would this be a justifiable defence?
    Depends what the contract (the signage) says.

    To whom does this latest letter tell you to make payment?
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Private Parking Firms - Killing the High Street
  • ShropshireL4d
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    Payment to client's agent - Debt Recovery Plus Limited.
  • KeithP
    KeithP Posts: 37,638 Forumite
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    Then re-read post #4 of the NEWBIES thread.

    The first line of which is:
    'IGNORE THE DEBT COLLECTORS' STAGE
  • beamerguy
    beamerguy Posts: 17,587 Forumite
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    Payment to client's agent - Debt Recovery Plus Limited.

    HAHAHA ... DRP :rotfl::rotfl::rotfl:

    IGNORE THE DOWN AND OUTS DRP
    POINTLESS POWERLESS PEOPLE.

    DRP still quoting the Beavis case ???
    Talk about being brain dead:rotfl::rotfl:

    If you get an LBA from whatever solicitor the PPC will use
    .... probably the incompetent Gladstones, come back

    Then under the new procedure for small claims,
    they have to provide you with full info.

    IGNORE DRP, never pay them, never contact them
  • Josh1976
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    Heres a thought ... how about you accept responsibility for your own actions. You entered the car park and accepted the terms and conditions of parking. You breached the terms and conditions that you freely accepted and must now deal with the consequences of your breach. Whatever your reasons might be for overstaying, the fact still remains that you entered into a contract and you broke that contract by overstaying when you were not entitled to do so. I have read the threads referring to the parking companies as being 'parking cowboys' but there seems to be a lack of threads relating to peoples inability to accept responsibility for their own actions. You all share a very one sided view which is that its always somebody else's fault.

    There is a lot written about the Beavis v Parking Eye Ltd case and it also seems that most of you have missed the message entirely which is that as long as there is commercial justification for imposing the charge then it cannot be unlawful. The ruling didn't focus on the amount of the charge or whether the parking was free but more whether or not the parking company (Parking Eye) could justify the charge. If you are overstaying in a pay and display car park beyond what you have paid for then you are depriving that parking company of a revenue generating opportunity. This will likely be their commercial interest argument !
  • Coupon-mad
    Coupon-mad Posts: 131,669 Forumite
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    edited 14 August 2018 at 5:05PM
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    Which PPC do you work for, then?

    Not a real job, is it, are you looking for something that actually does something useful for Society or happy to support a scam? How do people get that desperate?

    What did you think about the Parliamentary debate in February, stating unanimously (including naming ParkingEye and others) that these are ALL an 'outrageous scam'?
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top of this/any page where it says:
    Forum Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
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