Potential court costs

Coupon-mad

ktvillan wrote: »

coupon-mad - what is WS? No court date yet, they have rejected my response to their LBA so I'm assuming court proceedings will be the next step if I don't pay within the 14 day period.

WS and evidence comes much later then. You need to read post #2 of the NEWBIES thread to see what happens when, in advance, to be ready.

Who is the "we" you refer to - are you legal advisors seeking my business on this matter?

Haha, no!

I mean we as a group of regulars, have helped people win 99% of cases defended with our assistance, when posters take our full advice, since 2017. We charge nothing and most of us have no legal training but still know how to beat a PPC scammer in court.

Umkomaas

Who is the "we" you refer to - are you legal advisors seeking my business on this matter?

:rotfl:

If we charged for our services we wouldn't still be doing it, we'd be enjoying our millionaire status in retirement somewhere on the Costas.

ktvillan

Exactly how do they arrive at £182?

They haven't given a breakdown, just seem to add on an extra £20 or so every time they send a reminder.

WS and evidence comes much later then. You need to read post #2 of the NEWBIES thread to see what happens when, in advance, to be ready.

Ok will check it out.

Many thanks again for all the helpful replies.

Half_way

This is not a penatly, again, as above you must have a breakdown of the costs somewhere - this could very well fall under the abuse of process scam that these pakring cpmanies seem to be adding at the moment.


Also, its not to late to invovle the landowner..
Whos car park was this?
why did the vehicle get apakring charge notice?

ktvillan

OK so some background.

The car park in question was Custom House Quay in Falmouth Cornwall. The landowner appears to be Falmouth Harbour Commisioners.

When googling this, I came upon this thread from this forum:

forums.moneysavingexpert.com/showthread.php?t=5613874

The defence there seems to be based on "keeper not driver" under POFLA.

I'm not sure that would apply to my case as I'm not sure if at any time during my correspondence with Civil Enforcement if I have stated that I was the driver. I guess I could request the SAR from them to clarify?

There was a parking charge sign, my friend and I both saw it and both read it as charges only being applicable between 9am and 6pm. I have acknowledged the mistake but I believe the sign was not sufficiently clear enough to indicate charges applied to the time I was there. I have a photo of the sign but not with a url so not sure how to insert it here. Basically it is laid out like this:

P PARKING
Phone and pay or
Pay at Machine
Between 8am - 6pm
1 hour £1.00
1-2 hours £2.00
1-3 hours £3.50
Between 6pm -9 am
Per visit £1.50

So both my friend and I read as far as "Between 8am and 6 pm, then noticed a list of tariffs below that and assumed the rest was a further list of tariffs applying to that time slot. The diffrent time slot did not stand out sufficiently for us to notice it was not just a further tariff in the list. We both read it as the charges only being applicable between 8am and 6 pm and since it was after 7 pm deduced there was no charge to pay.

Upon receiving the first notice I disputed it, acknowledged my mistake and offered £20. as fair recompense. i guess this was not the right thing to do. I missed the opportunity to appeal via POPLA as I was working away - however I've seen here that this should be avoided anyway?

I responded to their LBA disputing the charge, including the photo of the sign, explaining the error, reiterating the offer of £20 and expressing that a fine of £100 amounted to 6667% of the £1.50 parking charge due at the time and that this could in no way be considered reasonable.

It may be I've stitched myself up like a kipper by responding, I don't know.

What would people recommend for next steps?

Redx

For BPA members , the following always applies

Complain to landowner first
Appeal to the PPC second
Appeal to popla third

I have no idea why you thought that an appeal to popla is frowned upon

That sequence above has been advised on here since march 2013

The SAR is the next step , plus denial of the alleged debt if you wish to

Then it's await an MCOL from the CCBC in Northampton

The £100 default tariff has been around for almost a decade and complaining about the figure won't work , the Beavis case put paid to that. The daily figure and default figure bear no relation to each other

Take Metrolink , you get on a tram and haven't paid the £5 fare or £8 fare , or you underpaid , the default is £100 , regardless of the actual journey fare. https://tfgm.com/public-transport/tram/fare-evasion-standard-fare

Coupon-mad

No, your response sounds reasonable.

ktvillan

Thanks both - RedX, I'd seen on some forums (I guess not this one) that POPLA was considered something of a "kangaroo court" and always tended to side with the parking company and that since their decision was legally binding it was best avoided.

I will write to request SAR. Is it still worth contacting the landowner or has that ship sailed now?

Redx

ktvillan wrote: »

Thanks both - RedX, I'd seen on some forums (I guess not this one) that POPLA was considered something of a "kangaroo court" and always tended to side with the parking company and that since their decision was legally binding it was best avoided.

I will write to request SAR. Is it still worth contacting the landowner or has that ship sailed now?

Not popla

The kangaroo court is the IPC version , the IAS , not Popla

A Popla decision is not legally binding on the individual , just on the PPC

The devil is in the detail

It's never too late to issue a SAR , there are no timescales for a SAR , other than the reply deadline of 30 days

The_Deep

The landowner appears to be Falmouth Harbour Commissioners.

In which case the land may be subject to bye-laws. If so this could alter matters very much to your advantage.

Also, I note that many of the questions you are asking are easily answered by using a serch engine or reading the stickies. Have you read this

https://forums.moneysavingexpert.com/discussion/6014081

[FONT=Times New Roman, serif][FONT=Times New Roman, serif]Nine times out of ten these tickets are scams, so consider complaining to your MP, it can cause the scammer extra costs and work, and has been known to get the charge cancelled.

Parliament is well aware of the MO of these private parking companies, many of whom are former clampers, and on 15th March 2019 a Bill was enacted to curb the excesses of these shysters. Codes of Practice are being drawn up, an independent appeals service will be set up, and access to the DVLA's date base more rigorously policed, persistent offenders denied access to the DVLA database and unable to operate.

Hopefully life will become impossible for the worst of these scammers, but until this is done you should still complain to your MP, citing the new legislation.

[/FONT][FONT=Times New Roman, serif]http://www.legislation.gov.uk/ukpga/2019/8/contents/enacted[/FONT][FONT=Times New Roman, serif]

Just as the clampers were finally closed down, so hopefully will many of these Private Parking Companies.[/FONT][/FONT]