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Elms Legal - Excel Parking - Chorlton (Lost)

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Comments

  • Piffpop said:
    What was the full award? Just £100? Or nearer £200? (£100 PCN + £25 filing fee + £25 hearing fee + £50 solicitor cost)

    You're right to pay it up ASAP ... failure to do so is what leads to a CCJ.
    Just £100
    That's unusual ... almost a victory in defeat. This will have cost the PPC a lot more simply to recover their original £100 invoice amount.
  • Piffpop
    Piffpop Posts: 36 Forumite
    10 Posts First Anniversary
    As far as I can sum up, he listened to my side, said that because I was admitted to driving through it counts as trespassing.
    He said I would have to pay £100, I believe he did break it down, £50 solicitors cost and £50 court fees (I could be wrong, I was reeling in the whole trespass judgement).
    I know it's not a defeat per se, but I was just stunned because I didn't park there and that was why this case existed.
  • D_P_Dance
    D_P_Dance Posts: 11,591 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    How can a PPC who do not own the land be awarded damages for trespass?  Also, I was under the impressions that in such cases peppercorn damages were the norm.  
    You never know how far you can go until you go too far.
  • Piffpop said:
    As far as I can sum up, he listened to my side, said that because I was admitted to driving through it counts as trespassing.
    He said I would have to pay £100, I believe he did break it down, £50 solicitors cost and £50 court fees (I could be wrong, I was reeling in the whole trespass judgement).
    I know it's not a defeat per se, but I was just stunned because I didn't park there and that was why this case existed.
    Something's missing they won't just get costs and not their original claim. You must have misheard. I'd suggest calling the court with the claim reference and ask them to clarify the judge's order. (Or wait for the formal order/judgment to arrive by post).
  • Coupon-mad
    Coupon-mad Posts: 152,434 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    I suspect the order in fact requires you to pay £100 plus £50 plus £50 = £200?

    His reasoning makes no sense AT ALL.  Completely wrong on all levels.  Surely this was a double visit, before and after work, or did he not believe that and thought the car was there for 8 hours?
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
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  • Piffpop
    Piffpop Posts: 36 Forumite
    10 Posts First Anniversary
    Sorry, the judge was also Judge Buckley.
  • Umkomaas
    Umkomaas Posts: 43,411 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Piffpop said:
    HI all, one last message, received the order letter, it is just £100 I have to pay.
    So there you have it, good luck to anyone else.
    That will have cost them far more than they're going to collect!  Every cloud has a silver lining. 😊
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Private Parking Firms - Killing the High Street
  • Snakes_Belly
    Snakes_Belly Posts: 3,704 Forumite
    Seventh Anniversary 1,000 Posts Photogenic Name Dropper
    edited 7 December 2020 at 6:32PM
    I realise that you have put time and effort into this but are no worse off financially for going to court than if you had let the claim continue beyond the first appeal. Excel are the biggest loser as the rep would have cost around £125.00 per hour plus vat.  There would also be court fees etc. It's a hollow victory for them.

    Nolite te bast--des carborundorum.
  • pustit
    pustit Posts: 267 Forumite
    Part of the Furniture 100 Posts
    Do the premises need "Trespassers will be prosecuted" type of sign on display before this can even be considered ?
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