URGENT HELP PLEASE: £3400 demanded by Parking Ticketing Ltd - Claim Form received

Coupon-mad

Do an application N244 with £100 fee and attach a Draft Order as a Word Document - NOT PDF - for the Judge to use (this is NORMAL; giving the Judge the document you want him/her to sign off is done all the time by legally-represented parties).

See if you can find the draft order done by DJ Iyer that I referred to above, and copy that Order wording, only without dates. 

Max1111

Immense thanks!

Coupon-mad

Come back if struggling to find the Draft Order - search for 'Iyer' as your keyword.

Max1111

Hi
I have found a certain Draft Order but I am not sure if it is the correct one because I couldn't find one that was specifically connected with DJ Lyer. Is this the one?

Before Deputy District Judge xxxxxxxxx sitting at the County Court at xxxxxxxxxx.  Upon reading the court file and an email from the Defendant and having applied the court's duty in the Consumer Rights Act 2015, s71 'test of fairness' against the information provided by both parties, IT IS ORDERED THAT

1. The claim is struck out as an abuse of process.

2. This order has been made by the court of its own initiative without a hearing pursuant to Rule 3.3(4) of the Civil Procedure Rules 1998 and a party affected by the order may apply to the court to have it set aside, varied or stayed not more than 7 days after the date the order was served upon that party.
   

REASON

(a) The claim contains a substantial charge additional to the parking charge which it is alleged the driver was contracted to pay. This additional charge is not recoverable under the Protection of Freedoms Act 2012 Schedule 4 nor with reference to the binding Supreme Court judgement, which expressly approved the parking charge because it included costs of administration (ParkingEye Ltd v Beavis [2015] UKSC67 - paragraphs 98,193 and 198).  Additionally, s71(2) of the Consumer Rights Act 2015 requires the court to consider the fairness of a contract term/notice, and the inclusion of additional charges falls into examples 6, 10, 14 and 18 of the indicative list of unfair terms in Schedule 2 of the Act. It is an abuse of process for the Claimant to issue a knowingly inflated claim for an additional sum which it is not entitled to recover. 

• Additionally, may I ask why it is so hard to find out the exact fee I am required to pay?

www.gov.uk says the fee is £255. I seriously cannot afford this and  I am not eligible for the exemption either because my family's gross income falls slightly outside the threshold. 

KeithP

Max1111 said:

I couldn't find one that was specifically connected with DJ Lyer. Is this the one? 

That's because his name is Iyer. With a capital 'I', not a capital 'L'.

Coupon-mad

No it isn't that, he wrote an Order to put right a mistake just like this.  I didn't say his name was Lyer, it is Iyer (capital ''I'').

But this error happened in June...this is very late to try to sort it out.

I am glad you came back now though - we need you!

Please now make a real difference - A TASK FOR SEPTEMBER.

The Government is (this month only) consulting about a new statutory code of practice (CoP) and framework to rein in the rogue parking firms.  Read and comment on the draft CoP proposal and the enforcement framework consultation, and get everyone you know to do the same.

You will need to register to comment on the CoP and enter an occupation even if you are retired or a homemaker, but otherwise it is easy to navigate, and comment upon each section/subsection individually. You can save comments to edit later and or submit comments once you are happy with them.

https://standardsdevelopment.bsigroup.com/projects/2020-00193#/section

You do not need to register to comment on the enforcement framework which can be found here. It has a link on page 5 to make comments.

https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/913272/Code_Enforcement_Framework_consultation.pdf

At the very least, we say the parking charge level should be £50/£25 or higher level £70/£35, as per Council PCNs in E&W.  

And we say the added fake 'debt recovery' costs are just double counting the cost of letters, and MUST GO because that is unfair and illegal.

Please be heard.  You can bet the hundreds of PPCs will be commenting.

No apologies for repeating this vital 'call for action' to consumers, on every thread this month!

Max1111

Hi Coupon-mad, thanks for the post above, I certainly will register and participate in commenting on the  on the draft CoP proposal and the enforcement framework consultation.

Regarding my case, you said it was very late to sort out. Well, having sent numerous letters and emails as per your advice, the court has only recently contacted me. 

If anyone could help me find that Draft Order by DJ Iyer, I would be very grateful. 

nosferatu1001

Then you should have called them! You needed something sorting urgently and trusted email, especailly after say 2 or 3 days with no response, you should have chased up. You have been too passive. Sending emails is not sufficient when it is this urgent.
Did you search the forum? Theres a search box. Try it. 

Max1111

I called them hundreds of times, literally. One morning I called them 76 times. They don't pick up. I even went to the court and I was told I should either call or write to them because no one could see me. I sent emails and letters. The court had given me an email address to send documents. I was not passive. Coupon-mad had told me to write to them every 3-5 days and that is what i did. 

I tried the search box, I am getting over a 100 pages to search. I found a six-point Draft Order but I'm sure thats not it too. 

DoaM

Max1111 said:

I found a six-point Draft Order but I'm sure thats not it too. 

Why not post it in a reply here? Someone will be able to confirm or otherwise.