Real Court cases and what happened next!!

edward123

Traindriver4 wrote: »

Thanks Bargepole. Would you say that the people who have been given court hearing dates are by and large people who have made themselves known to the PPC, either by appealing or writing to them. Just trying to figure out how they have been selected for prosecution.

Good question. However its not a prosecution as its a civil matter.

Traindriver4

Ok, Couldn't think of the right word:o

bargepole

Traindriver4 wrote: »

Thanks Bargepole. Would you say that the people who have been given court hearing dates are by and large people who have made themselves known to the PPC, either by appealing or writing to them. Just trying to figure out how they have been selected for [STRIKE]prosecution[/STRIKE] civil claims.

They seem to be mainly people who have ignored everything up until now. In the case of CEL though, they appear to have been dredging up unpaid tickets going back as far as March 2011 and issuing claims like confetti.

Traindriver4

Once again thanks to everyone for taking an interest in my post. I might travel abroad in July for 2/4 weeks. What happens if court papers arrive in my absence?

bargepole

Traindriver4 wrote: »

Once again thanks to everyone for taking an interest in my post. I might travel abroad in July for 2/4 weeks. What happens if court papers arrive in my absence?

For a County Court Claim, you have 14 days to return an Acknowledgement of Service. If you don't, the Claimant can get a default Judgment against you, which would cost you £80 to have set aside (form N244).

If there's nobody at home to open the post while you're away, this could be a problem.

Traindriver4

From the article in yesterdays Guardian -

"A parking company claiming damages would have to show that the sum was fair and reasonable and given that the actual losses in unpaid parking fees and administrative costs are unlikely to add up to much, some experts believe the charges could be fraudulent"

My point is if you appealed and lost and the case went to court, the PPC could add the £27 POPLA costs to justify their charges. This perhaps makes me think it is better not to advise people to appeal.

edward123

Traindriver4 wrote: »

From the article in yesterdays Guardian -

"A parking company claiming damages would have to show that the sum was fair and reasonable and given that the actual losses in unpaid parking fees and administrative costs are unlikely to add up to much, some experts believe the charges could be fraudulent"

My point is if you appealed and lost and the case went to court, the PPC could add the £27 POPLA costs to justify their charges. This perhaps makes me think it is better not to advise people to appeal.

Could be wrong but I think they would not be able to do this. If a person knows that the POPLA fee the PPC has to pay can then be claimed for as costs if the PPC decided to go to court it would be a deterrent to use POPLA....which was set up as a [supposed] independant adjudicator!

Traindriver4

It makes sense and you could be right.

Coupon-mad

They can't pass the POPLA fee onto the motorist at any point at all. It's written in stone somewhere...maybe in the POF Act itself which does talk about 'an independent appeals process' (which at the time had no name). Or maybe it's in the BPA Code of Practice or the DFT guidance. Definitely a cost for the PPCs to bear.

Traindriver4

Received a letter from Debt Recovery. How do I post a scanned copy here?