Please help!Letter from Newlyn

Half_way

Do you know whos car park it was where the originagl parking charge was issued - ie supermarket/shpping centre/other?

nikkietoni

Yes it was a local shopping  centre

Coupon-mad

She then received a letter dated 8th December, and once again she did not receive this letter until a few days after...stating the court case had been  held on the 22nd November 2021 and the Judge set aside the order meaning they could seek recovery of the £215 as "that order was drawn in error by the court at the time"
They then gave 30 days for her to pay the £215.

She MUST pay that back in full and before that time.

I think I said at the time you asked about this that they probably had a point that was arguable in law but they were seemingly quite late to apply.

The problem was that, IIRC, your very first Judge made no order for costs (because you/she forgot to ask at the hearing, am I right)?  Therefore no order could be made for costs later and that second Judge was technically wrong and she had got lucky for a few months.  Now that order for costs has been reversed.

The CCJ has not been reapplied of course (this hearing was not about that) but she will get one if she fails to pay the £215 back.  In full.

nikkietoni

yes of course it is going today with a cheque recorded delivery.. The original ccj case was via telephone in the lockdown and we were in such a flap as I had to be there …,as she didn’t really know what she was doing and we did not realise she had to ask for costs. It was so stressful and due to her anxiety as well..We know now  if anything like that happens again. 

So it cost her £215 through no fault if her own. Can the  parking company now try ti get court costs off her as they must havr had to pay to take her her to court ? Also I thought we should let the court know she had nit been notified of court date so could not defend herself?thanks for your help x

Half_way

While you need to deal wiith the issues caused by the pakring company, i would also be looking at the shopping centre to redress the balance  ie refund the £215, as it is their agents that have caused this mess.

 which shopping centre was this , as some places have a dubious track record on here

nikkietoni

it is Eden Square Shopping Centre but so long ago and Horizon are not the parking company there now.. 

Half_way

This the place? https://www.edensquare-shopping.co.uk/contact-us

While the pakring company may have changed, at the time Horizon were agents for the shopiing centre and as such they will/could still be liable for their agents actions

nikkietoni

yes it is that place and I could contact them I suppose see if I get anywhere but knowing what I know about the management I will be surprised if I succesfull

Half_way

If contacting them, odds on they will fob you off with either a "Nothing to do with us our parking is managed by a third party you need to contact them" or "we no longer have that parking company workng for us "

 Either which way you need to hammer home that they are jointly and severally liable for the actions of their agents and as such you expect the shopping centre to rectify the issues caused by them allowing an unregulated parking company to operate on their land and at the very least re fund the £215 that you ar enow being forced to pay as a result of the centre allowing a predatory pakring companny to act as their agents

post it up here first

nikkietoni

Will do that thankyou