Parking Ticket - First Point of Contact - Mention permission of the shop ?

D_P_Dance

They have given me 3 options of payment but now its £170 . 

Which almost certainly contains unlawful amounts, read this,

Excel v Wilkinson

At the Bradford County Court, District Judge Claire Jackson (now HHJ Jackson, a Specialist Civil Circuit Judge) decided to hear a 'test case' a few months ago, where £60 had been added to a parking charge despite Judges up and down the country repeatedly disallowing that sum and warning parking firms not to waste court time with such spurious claims.   That case was Excel v Wilkinson: G4QZ465V, heard in July 2020 and leave to appeal was refused and that route was not pursued.  The Judge concluded that such claims are proceedings with 'an improper collateral purpose'.   This Judge - and others who have since copied her words and struck dozens of cases out in late 2020 and into 2021 - went into significant detail and concluded that parking operators (such as this Claimant) are seeking to circumvent CPR 27.14 as well as breaching the Consumer Rights Act 2015.   DJ Hickinbottom has recently struck more cases out in that court area, stating: ''I find that striking out this claim is the only appropriate manner in which the disapproval of the court can be shown''. 

Coupon-mad

Why are we getting threads about DRP at the moment, when the NEWBIES thread post #4 shows the sort of letters people collect, laugh at and ignore and begs people NOT to post about tedious old DRP or Zenith, etc.  We don't want to know the boring words from their silly begging letter. 

I am not being harsh - you will be grateful if and when you really need advice (court claim stage) that we don't get bogged down in the same old, same old DRP rubbish!  As laughed abiout here:

https://forums.moneysavingexpert.com/discussion/6244217/debt-recovery-plus-their-new-letter-is-a-bit-of-a-hoot/p1

We do not need to know if people get a 'different' letter than that or the pile of letters shown in the NEWBIES thread already.

homi

Received a third / final letter from DRP about a week ago stating that they will commence court proceedings in 30 days . A quick question which I cannot find on newbies pages but was wondering if it was to go to court and the case was found in the parking companies favour what would be the likely costs involved ?

Another  concern is that I am looking to get a mortgage this year and dont want any CCJ to affect my credit rating . 

I suffer from anxiety and social phobia and was on medication up till 5 years ago and my greatest fear is public speaking and this is bringing it all back again .  

Le_Kirk

homi said:

Received a third / final letter from DRP about a week ago stating that they will commence court proceedings in 30 days . A quick question which I cannot find on newbies pages but was wondering if it was to go to court and the case was found in the parking companies favour what would be the likely costs involved ?

Another  concern is that I am looking to get a mortgage this year and dont want any CCJ to affect my credit rating . 

I suffer from anxiety and social phobia and was on medication up till 5 years ago and my greatest fear is public speaking and this is bringing it all back again .  

This info can be found by searching the forum and reading other posts or asking Auntie Google.  Maximum the judge will award is the original "speculative invoice" of £100 plus claim fee £25, hearing fee £25 and legal costs (if they use a solicitor) MAXIMUM £50, in total a max of £200.  A CCJ will only affect your credit situation if you attend a hearing and lose and fail to pay the amount the judge orders within the timescale also set by the judge (usually one month).

Coupon-mad

A phone call hearing isn’t public speaking and DRP letters are not a precursor to a court claim. Also the NEWBIES thread does tell you that there is no risk of huge costs nor a CCJ (post #2 of it) so there is nothing to worry about as long as you don’t let the PPC keep an old address, if you move.

homi

 

Just a quick update , received the Letter before Claim yesterday from Gladstone Solicitors yesterday . 

Read through newbies section and said that it is time make a SARs request . 

Would the following be ok. 

--

SENT TO THE PARKING COMPANY 

---

Name / Address CASE number 

In regard to case 

I request the following : 

- ALL photos taken in regard to this case 

- all letters/emails sent and received, including any appeal correspondence .

- all data held and a full copy of the PCN, NTK

- Actual photos of the signs on site as the photos which were provided at the POPLA appeal were and  of the ones on site ( which I have taken ) . 

Please confirm that you have received this request . 

-------------------------------

TO GLADSTONES SOLICITORS 

Case reference : 

I am seeking debt advice but I deny any debt and the case must be put 'on hold' for not less than 30 days under the PAP for debt claims 2017.

I have sent your client a SARs request . 

Please confirm that you have received this request .

-------------------------------

There is also an option where it say DISPUTE THE DEBT  - If you dispute the amount due you should respond via the reply form . I accordance with PAP , which obligies the parties act reasonably and

proportionately " .  Is it worth making an offer or would this affect the case?

As mention before I suffer with anxiety and social phobia so this is really stressing me out and I am not really made for this .

Coupon-mad

Things have moved on since 2021.  Yes do the SAR, but respond MUCH more robustly to Gladstones.  To find how, just scroll through recent thread titles on the thread list for Gladstones LBC threads.

homi

Coupon-mad said:

Things have moved on since 2021.  Yes do the SAR, but respond MUCH more robustly to Gladstones.  To find how, just scroll through recent thread titles on the thread list for Gladstones LBC threads.

Thanks , 

So will the following to Gladstones be ok?


----------------

I am seeking debt advice but I deny any debt and the case must be put 'on hold' for not less than 30 days under the PAP for debt claims 2017.

In his Ministerial Foreword, DLUHC's Neil O-Brien talks of "aggressive debt collection and unreasonable fees designed to extort money from motorists":  https://www.gov.uk/government/publications/private-parking-code-of-practice/private-parking-code-of-practice

Under 'Escalation of costs' the statutory Code states: "The parking operator must not levy additional costs over and above the level of a parking charge or parking tariff as originally issued."

Whilst the Code of Practice is not retrospective, there cannot be a clearer steer for the courts than the fact that the DLUHC has declared the false added fixed fees to have been "designed to extort money from motorists".

Moreover, it is my position that any parking roboclaim legal firm which now issues a claim enhanced by the false 'debt recovery' costs - despite knowing that the DLUHC has banned them and declared this element to amount to 'extortion' - cannot possibly be acting in good faith.

As such, if you do now proceed to issue a claim enhanced by the (known to be false) £60 or £70 'fees', I will report you to the Solicitors' Regulatory Authority for breach of the STaRs: failing to act with 'honesty & integrity' or in a way which upholds public trust and confidence:

https://www.sra.org.uk/solicitors/standards-regulations/principles/

I have sent your client a SARs request . 

Please confirm that you have received this request .

Coupon-mad

That is exactly what I mean - good research - except the last line because it's not a 'SARs' and you are not requesting anything from Gladstones, you are telling them to get lost and stop trying to make £60 or £70 extra per PCN for themselves or their greedy client or you will report them to the SRA (again...they are familiar with that).

homi

Just about to send the emails to both the Gladstones Solicitors and parking company but do I send the SAR request to Park Watch ( privacy@parkwatch.co.uk ) or DRP debtrecoveryplus who took on the case ?

Thanks