Letter before claim recieved

BRS7

Evening all,

It was court day today so I thought I would let you know the result...

In my eyes it was a definite win, considering they were originally asking for in excess of £1700 which would have been over £2k with the court fees and the extra costs they were claiming etc the judge ruled that I was to day £790 odd.

From memory, 6 of the 11 charges were struck out due to the photographs taken not being evidence at all and 1 of the charges due to them not having evidence of sending the NTK.

Unfortunately my trying to get £60 debt collector charges taken off failed due to the signage being clear that this charge would be added. My points regarding signage, contract with managing agents not landowners etc also failed.

I want to say thank you very much to everyone here, not only for the information but also for the confidence to take this all the way.

THANK YOU! :beer:

Coupon-mad

Unfortunately my trying to get £60 debt collector charges taken off failed due to the signage being clear that this charge would be added.

But they can't claim that, and can't claim damages at all.

They didn't pay any debt collector. They made it up. And the Beavis case tells you they cannot claim damages either - and certainly not damages that never occurred.

Did you say to the Judge ''never mind the signs, debt letters are free, cost the PPC nothing - they have made the sum up out of thin air''? and used the Beavis case to show how a PPC cannot claim in damages because they are not the landowner?

Glad you see that as a win though. Not sure everyone will agree, and sadly I see it as a loss (because you lost). It was looking bad when you failed to prepare by not filing a WS in time with the court. That rang alarm bells about a lack of preparation (sorry, I was concerned and I was right).

To have £60 per PCN allowed when they cannot claim for that and never expended that money, is very sad to read.

That was/should have been an easy point to argue, never mind if it was on the signs. They can't claim for costs made up out of thin air and the parking charge already more than covers the minor costs of the operation, and they cannot add more. Mr Beavis only paid £85 and no damages could have been claimed - of course they can't just add sixty quid!

BRS7

I’m sure if I had just a bit more confidence and preparation then I would have been able to fight my corner even better but this has consumed so much of my time and energy that I wasn’t prepared to give it anymore.

But fair enough.

Coupon-mad

I admire the fact you fought it - you didn't roll over - and I am glad you didn't end up paying a four figure sum.

But you should have paid nothing. Which court was this bad decision at?

BRS7

It was at Guildford

Coupon-mad

Oh no...bargepole was there today!

https://forums.moneysavingexpert.com/discussion/5927351/court-report-guildford-another-ukcpm-claim-bites-the-dust

OMG he would have helped if he had known.

And this person says they were there, too!

https://forums.moneysavingexpert.com/discussion/comment/75081142#Comment_75081142