2 court cases pending (over on CAG)

torontoboy45

one in southampton and the other in northampton, both involving PPC's.

nothing kicking off before the new yr. I'll be following both carefully; if both defences are conducted with care I predict an unhappy start to the yr for the claimants.

but I was idly wondering if - in the likely event of victory for the defendants - a counterclaim could be made against the PPC's (wasted time, inconvenience, etc).

does anyone know of a successful attempt?

a merry xmas.

esmerobbo

There both NHS car parks aren't they? I read somewhere [Pepipoo I think] that the PPC's have been pushed to pursue by the NHS trusts.

taffy056

esmerobbo wrote: »

There both NHS car parks aren't they? I read somewhere [Pepipoo I think] that the PPC's have been pushed to pursue by the NHS trusts.

Could this be the death knell of PPCs in NHS trusts then, they know damn well they will have an extremely difficult time winning a case in the small claims, NHS trusts could be the ones who ultimately who'll drive them out for good! Which brings me to this point, if you are a landowner permitting these people on your land, you invoice a vehicle, and then if you don't earn commission because of a non payer, are the PPC breaking their own terms ?

pogofish

taffy056 wrote: »

Which brings me to this point, if you are a landowner permitting these people on your land, you invoice a vehicle, and then if you don't earn commission because of a non payer, are the PPC breaking their own terms ?

The terms of every PPC I've seen state that any payment to a landowner is ex-gratia and only for every paid ticket. So there is no direct contractural link.

bromsgrovebarry

is there a link available? I trust that the motorists will get good legal advice and/or representation.

esmerobbo

Here's one!

http://www.consumeractiongroup.co.uk/forum/showthread.php?283717-TRETHOWANS-Solicitors

Here's another one which isnt NHS but he walked into the claim with his first post on CAG admitting he was the driver and that he parked! Which was answered by Peter Heswell from UKCPS.

http://www.consumeractiongroup.co.uk/forum/showthread.php?285707-mpdollar-gets-PPC-court-claim!!/page4


Posting as Peternet-two

Thank you for your further email. Please find attached time and date stamped images of your vehicle entering and leaving the car park. Please also note your comments as stated in your 1st email.
“I was parked in the swan lane car park in Evesham for 20 min over the 120min parking limit.”
This is clearly an admission.
Please arrange to pay ASAP. The amount will rise to £100 if failed to pay by 30th October – that is 14 days after we notified you of the overstay.

Peter Haswell
Office Manager
UKCPS Ltd
0113 2456080

And!

To save matt the trouble - here is the reply
Matt
We note you have been posting on the CAG forums as mpdollar. If this charge remains unpaid we will resort to court action to recover the monies owing. Please note the forum advice you are taking has proved unwise for so many people. Please expect court papers around 20th November if you have no intention of paying. If you feel unable to pay the amount in full at once then we can arrange instalments.

Peter Haswell
Office Manager
UKCPS Ltd

Both are being helped in their defence by the Lad who kicked OPC's backside a couple of weeks ago.

The second case shows the need to make sure everything posted is washed and don't post anything that can point to you. As we know Perkys acclaimed Thomas case was won as Thomas posted on a website. [Or was coerced into posting on a website];)

bromsgrovebarry

Thanks Esmerobbo. Could the cowboys be heading for the OK Corral?

torontoboy45

esmerobbo wrote: »

Here's one!

http://www.consumeractiongroup.co.uk/forum/showthread.php?283717-TRETHOWANS-Solicitors

Here's another one which isnt NHS but he walked into the claim with his first post on CAG admitting he was the driver and that he parked! Which was answered by Peter Heswell from UKCPS.

http://www.consumeractiongroup.co.uk/forum/showthread.php?285707-mpdollar-gets-PPC-court-claim!!/page4


Posting as Peternet-two

Thank you for your further email. Please find attached time and date stamped images of your vehicle entering and leaving the car park. Please also note your comments as stated in your 1st email.
“I was parked in the swan lane car park in Evesham for 20 min over the 120min parking limit.”
This is clearly an admission.
Please arrange to pay ASAP. The amount will rise to £100 if failed to pay by 30th October – that is 14 days after we notified you of the overstay.

Peter Haswell
Office Manager
UKCPS Ltd
0113 2456080

And!

To save matt the trouble - here is the reply
Matt
We note you have been posting on the CAG forums as mpdollar. If this charge remains unpaid we will resort to court action to recover the monies owing. Please note the forum advice you are taking has proved unwise for so many people. Please expect court papers around 20th November if you have no intention of paying. If you feel unable to pay the amount in full at once then we can arrange instalments.

Peter Haswell
Office Manager
UKCPS Ltd

Both are being helped in their defence by the Lad who kicked OPC's backside a couple of weeks ago.

The second case shows the need to make sure everything posted is washed and don't post anything that can point to you. As we know Perkys acclaimed Thomas case was won as Thomas posted on a website. [Or was coerced into posting on a website];)

thanks for clearing this up, esmer. I could have done the same myself, only - and you won't hear a better excuse this time of yr - I was at work y'day.

if nothing else, mpdollar's case certainly proves the need for anonymity. the fact that UKCPS (and no doubt other PPC's) expend time actually trawling through sites is truly galling and suggests a growing frustration with the adverse impact t'internet is making on PPC 'business'.

can you believe it? a sweaty, stressed-out PPC monitoring sites in desperate hope of finding a 'trophy' victim! ye gods, things must be bad.

taffy056

2011 will promise to be the worst yet for the PPCs, how many do you think will go out of business ?

The one thing about this financial climate, is that more and more people are not just blindly paying money out, they are coming to the web to do some research, MSE, CAG and Pepipoo must be really hurting their businesses

anewman

If the NHS is pushing for court action and the PPC's are doing it, one can only imagine the NHS has offered to end the contracts otherwise and this is an attempt to keep their feet under the table. I wouldn't be surprised if they tried to delay the court case as the inevitable failure means an earlier case means the contract ends earlier. It's also quite likely if they are the ones who tried and failed previously that they will try to present their case differently with the hope of better success. We have already found that NHS on the letter headed paper does not make the tickets any more enforceable in court - can't wait to see them get spanked again.

anewman

esmerobbo wrote: »

Posting as Peternet-two

Thank you for your further email. Please find attached time and date stamped images of your vehicle entering and leaving the car park. Please also note your comments as stated in your 1st email.
“I was parked in the swan lane car park in Evesham for 20 min over the 120min parking limit.”
This is clearly an admission.

The second case shows the need to make sure everything posted is washed and don't post anything that can point to you. As we know Perkys acclaimed Thomas case was won as Thomas posted on a website. [Or was coerced into posting on a website];)

I wonder how one can prove someone posting on the net is the driver of the car? I could post saying I overstayed at x car park on y date and overstayed 20 minutes and if my username was somewhat more ambiguous it could relate to any number of people who could have overstayed that day and received a ticket. I suppose if he e-mailed Peter with an e-mail address with a similar name then that would pretty much have sealed it though.

Even then, do they still not have to prove the charge for a 20 minute stay is a reasonable one and not a contractual penalty clause etc?