Northampton Court Claim arrived (MCOL)

Umkomaas

Unless I've missed it, I've skimmed back through your thread, but can find no direct reference as to who the PPC is. Can you confirm here who it is, then someone might hazard a guess as to the likelihood of this proceeding.

JackBasta

Millennium Event and Door Security, otherwise known as Millennium Parking Services. They've gone to court 6 times this year, but none before that. (Edit: 7 now since I looked last week!)

The way I see it is the whole thing from the initial tickets being placed right through to the court papers being served is just turning the screw on the fear factor to get people to pay up. I almost gave in when I received the LBA and I almost caved again when I got the court papers. It's only on trawling the forums and realising how they play the game, and realising that actually at this stage I'm not likely to be much worse off even if I actually lost in court, that I thought "to hell with it" and decided to stand up to the bullies.

So now I'm standing up, to them, and according to the experts on here, seem to have submitted a pretty decent defence, which I'm guessing the PPC wouldn't have wanted. They'd have preferred me to cave in a pay up.. I have a strong case with it being pre-Pofa, so I'm just wondering what everyone thinks the PPC will do when they see the fear tactics haven't worked, and I'm going to take it though to the end.

I mean, do they tend to see this as a loss leader? That taking people to court and losing is still a positive as it warns others?

or are they likely to cut their losses?

Half_way

It could very well be a loss leader, "we took x amount of people to court, pay up or you will follow them"
If you want to stand up to them, bite the hand that feeds them, and go for the landowner/whoever/whatever contacted the parking company in the first place.

Umkomaas

I mean, do they tend to see this as a loss leader? That taking people to court and losing is still a positive as it warns others?

Pre-Beavis the BMPA daily court list would show not many more than 3 or 4 cases across the country (mainly ParkingEye), but post-Beavis, and especially over the past few months the number has risen rapidly. Today there are 42 cases, most days it's at least 20.

My personal view is that it's a bit of a gold rush and the courts will get on top of the problem - but it will take a little while longer.

Turning to your case, I don't think we have anywhere near enough evidence to say that for MPS, a weaker defence will be prosecuted, whereas a stronger defence is avoided via a vacation of the case. As a small-fry operator I've been surprised at how many MPS cases have got the the county court, but I suspect that much of this is via the encouragement of Gladstones, looking for weak operators to be persuaded to 'take the plunge'.

The majority of cases cost the operator far more than they directly recover (if they win) and a lot more if they lose. But for some operators, the direct losses at court may well be offset as the word gets around that they sue (with successful cases stuck on spikes on their websites), and the phrase "pour encourager les autres' brings a smile to their face and ££££ to their pockets.

I'd work on the basis that yours will go the full distance, but if they do vacate the case, then maybe the strong defence will have done its job.

Well done on seeing this through so far. Keep us updated.

JackBasta

Yeah. I'm working on the basis that'll it'll go the distance. The amount of time I've spent on it, I hope it does actually. It's not even about the money any more...

Is there any way I can find any information out about the previous MPS Court cases? If they won/lost etc? Is it public record?

Umkomaas

You could try an email enquiry to the BMPA (that's not the BPA!). Alternatively you could try a Freedom of Information request to the Ministry of Justice, but it's a lengthy(ish) process - 3 to 4 weeks, and I've seen some enquiries about the global PPC network and court cases being refused.

That's the best I can come up with - others may have alternatives.

JackBasta

I've emailed the BMPA. See if they can find out anything.

Coupon-mad

I can tell you at least, that no Gladstones cases defended on this forum has proceeded to a hearing yet and we've been assisting with defences for months.

Plenty have been stayed/no hearing fee paid. A pre-POFA one is very winnable and then you can file a claim against the parking firm for DPA breach, with the aim of getting £250 or more from them. You will have six years to take that revenge but the sooner the better after you've seen off their threat.

JackBasta

How will I know if they pull out? Will the courts notify me, or will I just not hear another thing?

If I win, I'll definitely be up for claiming against MPS for a DPA breach. How much would it cost me to file a claim?

Coupon-mad

You might hear nothing for a couple of months after the Directions Questionnaire rubbish with G's pretending the case can be 'heard on the papers' (NO). You can then phone the court to ask. Lots of people have found this so far, on here.

If I win, I'll definitely be up for claiming against MPS for a DPA breach. How much would it cost me to file a claim?

Just £25 for a punt up to £300 I believe, plus £25 for a hearing if they do not settle.

You'd need to do a LBC first with evidence, play it fairly with full Particulars of Claim, as discussed here:

http://forums.moneysavingexpert.com/showthread.php?p=71735159#post71735159

Your case is not exactly the same but that explains what's needed. A nice revenge plan!