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Parking Ticket Back In June Of Last Year Now Resulting In Court

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Comments

  • Redx
    Redx Posts: 38,084 Forumite
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    tell us what the breakdown of charges is then ?

    the initial charge is probably between £75 to £100 , they usually add "debt" charges onto it of say £60 , which should not be added , plus the court fees and some interest

    if you want help, you need to be more transparent on some of the details , like the POC and the charges

    we cannot help you with what we cannot see
  • Redx wrote: »
    tell us what the breakdown of charges is then ?

    the initial charge is probably between £75 to £100 , they usually add "debt" charges onto it of say £60 , which should not be added , plus the court fees and some interest

    if you want help, you need to be more transparent on some of the details , like the POC and the charges

    we cannot help you with what we cannot see

    Am I allowed to write out the whole POC here? Then you will know exactly what I'm working with.
  • Redx
    Redx Posts: 38,084 Forumite
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    yes , as long as you do NOT include any VRM details , or references , or identity info etc, no personal details


    all the POC, plus all of the charges and the total claimed
  • Initially it was a £100 fine. Then I had a letter saying it had gone up to £170 (Debt Unpaid).

    Going off the POC it says:

    Total due: £182.00 then a 11.29 interest charge to S.69 of the County Courts Act 1984. Rate 8.00% pa from dates above to- 19/03/19. Same rate to Judgement or (sooner) payment. Daily rate to Judgement- 0.04

    Total debt and interest due- 193.29.

    Then the court fee is £25.00 and Legal representatives costs is £50.00

    Total amount £268.29
  • Redx
    Redx Posts: 38,084 Forumite
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    edited 17 April 2019 at 6:06PM
    ok , so they added all sorts of extras on , so as mentioned earlier , you object to them

    here is what Umkomaas says is allowed or can be claimed
    £100 - original parking charge
    £25 - court filing fee
    £50 - solicitor costs for preparing case papers (maximum, capped)
    £25 - hearing fee, if it gets that far
    £7 or £8 interest.
    so around £210 tops, probably less

    total due is £100 , not £170 or £182 , plus the MCOL and court fees etc


    so as Le_Kirk correctly pointed out , you dont have a paragraph about those objectionable extra charges
  • That is good to know, thanks. I have edited my defence with additional information. See post #35 on page 2.

    What do you think?
  • Redx
    Redx Posts: 38,084 Forumite
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    points 1) and 3) are incompatible with one another

    either its a defence from a KEEPER and using POFA as a protection (where CEL failed POFA), OR its a driver defence where the details of the day and first hand experience count (but not POFA)

    it cannot be both , so make your mind up if this is going to be a KEEPER defence under POFA , or a driver defence which has no POFA protection

    so think of what the reply might be if the claimant or the judge ask the defendant if they were the driver or not
  • Gotcha.

    I have edited it now, I think this is right.
  • Coupon-mad
    Coupon-mad Posts: 155,467 Forumite
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    Total amount £268.29
    The claim can only be for £100 plus fifty quid court fees, not damages, nor other costs, nor even legal fees.

    Here is a defence with a real effort made to kick those costs out:

    https://forums.moneysavingexpert.com/discussion/comment/75697191#Comment_75697191

    It's a CEL one as well. You are welcome to plagiarise it.

    :)
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  • Coupon-mad wrote: »
    The claim can only be for £100 plus fifty quid court fees, not damages, nor other costs, nor even legal fees.

    Here is a defence with a real effort made to kick those costs out:

    https://forums.moneysavingexpert.com/discussion/comment/75697191#Comment_75697191

    It's a CEL one as well. You are welcome to plagiarise it.

    :)

    Thanks for that, that gave me some more pointers that I have now added to my Defence, much appreciated.

    I'm pretty happy with how it looks now - see page 2, post #35.

    Do we think that's good enough to send off?
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