Eurocarparks CST law LBA SAR no response

Fruitcake

I think the judge has warned the scammers that they are likely to lose. My opinion is that it is possibly more of a hint to them that they should discontinue now and save costs. I do not think this has messed up your chances. Rather the opposite in my opinion.

Keep the judge's comments ready to use at the next hearing.

KeithP

And also remember, should you win at the next hearing you'll be seeking costs for attending two hearings.

judrop500

@Fruitcake @KeithP

Thank you. Reassuring to know. 

beamerguy

I agree with the above comments.  The judge is not happy with them, he made that clear

It is a penalty that legals like CST must face ... they are fast becoming like nuisance calls to the courts

judrop500

So the case happened yesterday. Totally different judge. Did not care about the ECP holdings / landholder authority issue. Took it as given that they had authority to sue. Did not care about the signage. Did not care about an aerial plan being provided. She said I’d made a very good case about the admin fees, but warned me that if she struck out the whole case, Euro Carparks could come back again with a new claim, minus the admin fees.

On the one hand I’m totally gutted because if I had the first judge (Emery) and it had gone ahead on that day, I definitely would’ve won.

On the other hand, even though I lost, the judge (Elizabeth Cowell) scrapped their admin fees and reduced their interest rate from 8% to 0.5% (£240 down to £36) so instead of the £1225 they claimed for initially in their LBA, and instead of the £1600+ including all their costs that it potentially could’ve been, I’ve ended up paying £950.

It was HUGELY stressful though and the experience has taught me that it’s completely arbitrary abd depends on the judge you get on the day. Last time I negotiated with SiP before the hearing and got them to reduce the amount to £100 per ticket. I kind of wish I’d done that this time, because I wouldn’t have incurred the £250 costs and I would’ve had a lot less stress.

You live and learn. Thanks everyone for your help this time, it was invaluable. Both judges praised my defence, which I could not have done without you.

Coupon-mad

That's gutting and a classic case of 'DJ Lottery' as we always say.

How did 6 x £100 become £950?  IT DOESN'T ADD UP. Surely she didn't let them have the legal fees rate for claims over £1000, given the fact that it was only the false costs that pushed the claim that high?  If so then her costs calculations were wrong but you had to challenge that on the day.

PLEASE COME BACK AND STICK AROUND THOUGH! 

WE NEED YOU TO MAKE SOME COMMENTS TO GOVERNMENT, TO CHANGE THINGS FOR THE FUTURE

Please do us and yourself (and the driving public) a favour and stick around on this forum every week - at least for the Summer - to ensure you see when the Government publish and open the final Technical Consultation.

We will be talking about it and the public will have about 4 weeks we think, to tell the MHCLG what you think about the level of parking charges, that the MHCLG has admirably decided already will start at £50 (50% discount) and not £100:

Outcome of 2020 Consultation (look what the public comments achieved so far):

https://www.gov.uk/government/consultations/parking-code-enforcement-framework/outcome/parking-code-enforcement-framework-consultation-response

Planned Summer 2021 additional Public Consultation:

https://www.gov.uk/government/news/government-to-open-technical-consultation-on-fairer-parking-charges

It's not open yet but please keep check here to see when it is. 

We need real people like you to counter the spamming that happened last time from the industry.

judrop500

Coupon-mad said:

That's gutting and a classic case of 'DJ Lottery' as we always say.

How did 6 x £100 become £950?  IT DOESN'T ADD UP. Surely she didn't let them have the legal fees rate for claims over £1000, given the fact that it was only the false costs that pushed the claim that high?  If so then her costs calculations were wrong but you had to challenge that on the day.

PLEASE COME BACK AND STICK AROUND THOUGH! 

WE NEED YOU TO MAKE SOME COMMENTS TO GOVERNMENT, TO CHANGE THINGS FOR THE FUTURE

Please do us and yourself (and the driving public) a favour and stick around on this forum every week - at least for the Summer - to ensure you see when the Government publish and open the final Technical Consultation.

We will be talking about it and the public will have about 4 weeks we think, to tell the MHCLG what you think about the level of parking charges, that the MHCLG has admirably decided already will start at £50 (50% discount) and not £100:

Outcome of 2020 Consultation (look what the public comments achieved so far):

https://www.gov.uk/government/consultations/parking-code-enforcement-framework/outcome/parking-code-enforcement-framework-consultation-response

Planned Summer 2021 additional Public Consultation:

https://www.gov.uk/government/news/government-to-open-technical-consultation-on-fairer-parking-charges

It's not open yet but please keep check here to see when it is. 

We need real people like you to counter the spamming that happened last time from the industry.

It was 7 x £100
plus £37 interest
plus £150 costs
plus £60 court application fee
total £947

Coupon-mad

judrop500 said:

My ex-husband told me to never pay private parking companies. I’ve obviously learned my lesson. These all date from 2017/18. SiP wanted £1000 and we settled at £600.

You also told us the above, so I am sure you have learned your lesson now that you;ve had your fingers burnt by SIP and ECP, neither of whom should you have been racking up PCNs from and which should never have been ignored and allowed to come this far..

Get your revenge and help clean up this greedy industry by making sure you don't miss out on this Summer's final Public Consultation.  Just stop by here every week (please) until you see us talking about it, then come right back and make your views about the utter misery and extortion of spurious £100 PCNs heard!