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  • FIRST POST
    • Acesfan
    • By Acesfan 11th Mar 17, 11:27 PM
    • 3Posts
    • 5Thanks
    Acesfan
    Court costs against Car Park companies
    • #1
    • 11th Mar 17, 11:27 PM
    Court costs against Car Park companies 11th Mar 17 at 11:27 PM
    Hi,

    Not sure if this is the right place to post as it's about County Court procedure rather than advice about a parking invoice.

    My question is, a parking company have given up on court action and filed a N279-w3 Notice of Discontinuance. They say the matter is closed, but can I/should I ask for the court to award me my costs?

    Apologies if this question isn't suitable for this forum.

    I can give the full story if anyone is interested, but to cut a long story short, last March UK CPM sent me a Parking Charge Notice for the estate where I work after new occupants of the next door unit seem to have signed up to their "grass a neighbour and collect yourself £10" scheme.
    I ignored everything, various silly bully tactics, until last November they got a solicitor to send a letter before action. I wrote back advising that it was bo***cks and any claim would be fully defended in court.
    They went ahead with a County Court claim, I defended it. We both filled in directions questionnaires for small claims track. They wanted to proceed on "papers only without a hearing" and threatened that if I didn't agree they'd ask for it to be transferred to Brighton. I asked for it to be transferred to my local County Court, 300 miles from Brighton.
    The case was transferred to my local court. The Court sent us a date for end of April, and a couple of days later the bad guys sent me a copy of a Notice of Discontinuance which they say they have filed at court to close the matter.

    Which brings my to my question. Does the notice of discontinuance end the matter? or could they change their mind and re-start things?
    Presumably the court will write to me to say the case has been discontinued. Can I/Should I then go back to the court and ask them to award me my costs? Or would that re-open things?
    If there's a risk of antagonising them and re-opening things, then obviously I'd be better leaving sleeping dogs lie.
    My costs are minimal, a few stamps, an odd photocopy, a recorded delivery letter, a few hours of my time, a trivial amount which my brain says wouldn't be worth pursuing even if it is possible, but a part of me says I should try to inflict maximum inconvenience and cost on them on behalf of motorists past and present who have been wronged.

    Apologies if it's not a relevant question for this section, but I thought there might be a legal expert with the knowledge
Page 1
    • Coupon-mad
    • By Coupon-mad 12th Mar 17, 6:38 PM
    • 45,156 Posts
    • 57,827 Thanks
    Coupon-mad
    • #2
    • 12th Mar 17, 6:38 PM
    • #2
    • 12th Mar 17, 6:38 PM
    My question is, a parking company have given up on court action and filed a N279-w3 Notice of Discontinuance. They say the matter is closed, but can I/should I ask for the court to award me my costs?

    My costs are minimal, a few stamps, an odd photocopy, a recorded delivery letter, a few hours of my time, a trivial amount which my brain says wouldn't be worth pursuing even if it is possible, but a part of me says I should try to inflict maximum inconvenience and cost on them on behalf of motorists past and present who have been wronged.
    You can write urgently and ask the court to grant costs but would be unlikely to get any costs when there was no hearing, IMHO. And if the court consider it, they might well ask for a fee for a costs hearing! Not worth it.

    Which brings my to my question. Does the notice of discontinuance end the matter?
    Yes.

    or could they change their mind and re-start things?
    No, that would be an abuse of the court process. It is dead & buried, well done!

    Presumably the court will write to me to say the case has been discontinued.
    They should, but if not, ring your local court to ask if they are aware and the hearing has been 'vacated'?

    Please get your revenge by complaining to the landowner if applicable, and certainly to your MP about this utter scam. And by telling other employees and your line Managers about how you won and how to beat this con. Make yourself the 'go-to' person in the firm to help others!:

    I can give the full story if anyone is interested, but to cut a long story short, last March UK CPM sent me a Parking Charge Notice for the estate where I work after new occupants of the next door unit seem to have signed up to their "grass a neighbour and collect yourself £10" scheme.
    Last edited by Coupon-mad; 12-03-2017 at 6:40 PM.
    PRIVATE PCN in England/Wales? DON'T PAY BUT DO NOT IGNORE IT

    Click on the trail, top of this page: Home>>Forums>Household & Travel>Motoring>Parking Tickets, Fines & Parking - read the 'NEWBIES' FAQS thread!
    DON'T read old advice to ignore, unless in Scotland/NI.

    • Acesfan
    • By Acesfan 16th Mar 17, 5:54 PM
    • 3 Posts
    • 5 Thanks
    Acesfan
    • #3
    • 16th Mar 17, 5:54 PM
    • #3
    • 16th Mar 17, 5:54 PM
    Many thanks for your reply.

    I did think trying to get costs was a non-starter, especially since my costs didn't run to much more than a couple of stamps and a bit of time writing letters.
    I was really just looking for a way to cause the bad guys a bit of inconvenience and waste some of their time.

    Just a comment on this bit:-
    I asked "Presumably the court will write to me to say the case has been discontinued"
    and Coupon mad replied "They should, but if not, ring your local court to ask if they are aware and the hearing has been 'vacated'?"

    I did ring the court today as I didn't trust Gladstones word that they have filed a Notice of Discontinuance.
    The Court said that it had been discontinued and was now closed, but they said that the court do not write to me to say it was discontinued. They said that the only notice I get is from the claimant.
    That doesn't seem very satisfactory to me since I don't trust the word of a claimant who has not exact displayed any real degree of competence or honesty so far.
    Anyway, the court's word is good enough for me, so I'm happy.
    • Umkomaas
    • By Umkomaas 16th Mar 17, 6:52 PM
    • 12,206 Posts
    • 18,626 Thanks
    Umkomaas
    • #4
    • 16th Mar 17, 6:52 PM
    • #4
    • 16th Mar 17, 6:52 PM
    It is early days in the latest strategy of claiming damages for the PPC's potential abuse of your personal information in the context of the Data Protection Act. Nothing has really got to the court door yet, and you have six years to file a claim, so keep your eyes peeled on here, PePiPoo and the Parking Prankster to see how things unravel.

    The first presumption I'm making in suggesting this to you is that the PPC acquired your personal data themselves from the DVLA - i.e. you didn't appeal directly to them from the receipt of a windscreen ticket?

    Here is some reading for you to help you understand the issue, and to consider whether, in due course, you might want to progress this.

    First and foremost, please read thoroughly this extensive guidance put together by MSE poster Timothea. This will give you the background and conditions for you to consider and determine whether you might have a case to pursue.

    http://forums.moneysavingexpert.com/showthread.php?t=5585388

    Other Sources

    http://www.parkingcowboys.co.uk/data-protection-act

    Some apposite blogs from the Parking Prankster:

    http://parking-prankster.blogspot.co.uk/2016/12/liverpool-business-park-motorist-wins.html

    http://parking-prankster.blogspot.co.uk/2016/11/smart-parking-settle-out-of-court-for.html

    Latter part of this blog:

    http://parking-prankster.blogspot.co.uk/2016/12/heath-parade-graham-park-way-scam-site.html

    On PePiPoo, regular contributor 'Lynnzer' seems to be taking a lead in pushing for the pursuit of DPA breaches by PPCs. He has written a number of well constructed Letters Before Claim requiring the PPC to pay the motorist between £250 and £750 as compensation for the stress they have been put under by the PPC, or risk the matter resulting in a formal claim at the Small Claims Court. .

    Do a search there to get the hang of what this is all about and whether you might want to take this fight back to the PPC.

    http://forums.pepipoo.com/index.php?act=SF&s=&f=60

    LETTER BEFORE COUNTY COURT CLAIM

    Drafted by Bargepole 05/02/2017

    http://forums.moneysavingexpert.com/showpost.php?p=72049019&postcount=18
    NEWBIES - wise up - DO NOT IGNORE A PARKING CHARGE NOTICE - you have been warned!

    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.

    Please note: I am NOT involved in any 'paid for' appeals service.
    • Marktheshark
    • By Marktheshark 16th Mar 17, 6:57 PM
    • 5,514 Posts
    • 6,908 Thanks
    Marktheshark
    • #5
    • 16th Mar 17, 6:57 PM
    • #5
    • 16th Mar 17, 6:57 PM
    You can claim for "nuisance".
    Brexit will become whatever they invent it to be.
    • The Deep
    • By The Deep 16th Mar 17, 7:11 PM
    • 6,290 Posts
    • 5,114 Thanks
    The Deep
    • #6
    • 16th Mar 17, 7:11 PM
    • #6
    • 16th Mar 17, 7:11 PM
    I should try to inflict maximum inconvenience and cost on them on behalf of motorists past and present who have been wronged.

    I think that you speak for all of us there. Cause them as much nuisance as you can. Make them write letters, cost them money. Also, if it is true, post anonymous notices about you Norris Cole on lamp posts, notice boards etc.
    Last edited by The Deep; 16-03-2017 at 7:15 PM.
    You never know how far you can go until you go too far.
    • Acesfan
    • By Acesfan 18th Mar 17, 3:41 PM
    • 3 Posts
    • 5 Thanks
    Acesfan
    • #7
    • 18th Mar 17, 3:41 PM
    • #7
    • 18th Mar 17, 3:41 PM
    Thanks for the additional information.

    Umkomaas you are correct that I never corresponded with them at all until the County Court Claim, and yes, they clearly got all my details from DVLA. (It wasn't a ticket on the windscreen job. It was new people in the next door unit who sent for a crappy UKCPM forbidding sign which they stuck up on the wall. Then without realising I was an employee on the estate, the neighbours a photo of my car outside my works. They upload this to the UKCPM website, and then UKCPM get my details from DVLA and try to scam me. If they succeed in scamming me, they pay the neighbours £10).

    I'm reading through all the additional information now. I'm thinking of sending a letter to the DVLA expressing my concern that they gave my personal information away to a bunch of cowboys. And an invoice to UKCPM via their highly competent solicitors Gladstones for my costs, time and inconvenience. (followed by several threats that I will forward the invoice to debt collectors with scary red ink if they don't pay up).
    Last edited by Acesfan; 18-03-2017 at 4:16 PM.
    • Umkomaas
    • By Umkomaas 18th Mar 17, 3:54 PM
    • 12,206 Posts
    • 18,626 Thanks
    Umkomaas
    • #8
    • 18th Mar 17, 3:54 PM
    • #8
    • 18th Mar 17, 3:54 PM
    Stony ground with the DVLA I'm afraid, they've batted all this stuff off many times with a template response 'Reasonable cause, blah, blah, blah....'. Don't waste energy.

    In regards to firing off an invoice to the PPC, I guess you're not likely to see any cheque in the post any time soon; they'll just bin it. If you sue under the DPA in due course, they won't be able to bin that. You've got 6 years.

    Revenge is a dish often best served cold!
    NEWBIES - wise up - DO NOT IGNORE A PARKING CHARGE NOTICE - you have been warned!

    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.

    Please note: I am NOT involved in any 'paid for' appeals service.
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