Excel / myparkingcharge Final Demand

myparkingchargevictim

Seems to be a mix of "C didnt provide telephone number" and "struck out of abuse of process"

Fingers crossed. Will let you guys know tmw

myparkingchargevictim

So today wasn't the final hearing but was a Dispute Resolution Hearing.
No judgement was made and it has been listed to be heard on the original date. 
I couldn't make out either name of the District Judge or the Claimant's rep. The C said they have not received either of the defence or the WS from me. I explained that they had been emailed to the litigation email however the courts have actually asked that I get these printed and posted to them. (one to add to the costs).

The J started the call by explaining that the £60 addon was, "in his opinion", unlawful and cited it was against the Beavis case. He then asked the claimant if he would still be pursuing it. The claimant replied "Yes". So with any hope, that will be struck out as have these other cases. 

So there will be no one biting any kind of dust today
I'll kee you guys posted with any other correspondence. Getting that feeling in my stomach though, I want to show these guys they cant simply bully their way through!

nosferatu1001

The C accepted service by email, so tough titty. But do follow what the court has said...

Castle

myparkingchargevictim said:

So today wasn't the final hearing but was a Dispute Resolution Hearing.
No judgement was made and it has been listed to be heard on the original date. 
I couldn't make out either name of the District Judge or the Claimant's rep. The C said they have not received either of the defence or the WS from me. I explained that they had been emailed to the litigation email however the courts have actually asked that I get these printed and posted to them. (one to add to the costs).

Or more likely Excel hadn't given their Rep your WS & Defence; a common problem with Excel/VCS.

Coupon-mad

Make sure you do the two Govt consultations, which I am posting again below in case newbies have missed it:

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!

myparkingchargevictim

Just printed all the docs and sent it at the post office. Got a certificate of posting if they try anything funny.

Final hearing is over a month away. Was hoping it'd be resolved today. Hopefully in that time, there's some other cases also struck out due to abuse of process. Will build the case for mine to be too

Coupon-mad

Nice work. 

Now add to it pleeeease by taking time to do both the MHCLG and BSI consultations - we want a LOUD consumer voice.

myparkingchargevictim

Coupon-mad said:

Nice work. 

Now add to it pleeeease by taking time to do both the MHCLG and BSI consultations - we want a LOUD consumer voice.

Of course! I had a brief overlook of it last night. Was trying to read through everything so I was ready for today. I'll run through it now to add some comments! Can't let these scums keep getting away with it. 

Even the judge today sounded fed up of these parking cases. 

myparkingchargevictim

Dun...dun...dun.....another one bites the dust :P

Had the hearing today and WON. Case was struck out on the grounds the claimant didn't justify relevant grounds to be acting on the landowners behalf. All excel provided was their OWN letterheaded paper with a signature "on behalf of" the landowner. In his view, this was not enough to justify that the claimant had sufficient interest in making this claim and he was shocked it had even made it this far.

Also was successful in claiming the research costs back, big result!

I'll come back to this thread in a few hours and write up a full account of events. A massive thank you to all those in this thread!

Umkomaas

Brilliant, look forward to reading the fuller report. Thank you so much for feeding back the outcome to the forum. Really helps us and others who follow the same path in the future. 

Something to consider ......

In view of this quite clear statement from the Judge, why not give the PPC a dose of their own medicine by making life uncomfortable for them?  

Write to the DVLA and complain that the Judge has grave doubts that the PPC has authority to operate at this site. Ask that the DVLA investigates and reports back to you. In particular they should calculate how many charges have been issued, and should there be no valid landowner authority, the PPC should be required to cancel all charges for that site and repay motorists who have been misled and paid. Email in the first instance:

ccrt@dvla.gov.uk (and) 

KADOEservice.support@dvla.gov.uk 

Send to both. 

If you get a fob off from that approach, follow it up with a full blown Freedom of Information request. It will be more difficult for them to hide under FOI. 

https://www.whatdotheyknow.com/

You might also consider issuing the PPC a Letter of Claim prior to a possible county court claim for breach of the DPA. Read these:

http://parking-prankster.blogspot.com/2017...0-for-data.html

http://parking-prankster.blogspot.com/2016...orist-wins.html

https://www.parkingcowboys.co.uk/data-protection-act/

There has to be some process of backlash against PPCs to make them think twice before issuing tickets on a scattergun basis and their unchecked harvesting of personal data from the DVLA on an industrial scale.