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Can the RK still name the driver after a lost POPLA appeal?

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  • Coupon-mad
    Coupon-mad Posts: 151,659 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 1 September 2021 at 2:34PM
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • D_P_Dance
    D_P_Dance Posts: 11,591 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Why £120?   Are they claiming for an unlawful amount?  Read this and complain to your MP.

    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''.
    https://www.dropbox.com/s/16qovzulab1szem/G4QZ465V Excel v Wilkinson.pdf?dl=0


    You never know how far you can go until you go too far.
  • Ah yes, that's the one. Cheers
  • No doubt that will be read on this forum.  You'd better remove his name or MSE Forum Team will do it for you.
    Wasn't aware he weilded so much power over mse that his name can't be mentioned. No worries I've deleted the post.
  • Beano456
    Beano456 Posts: 83 Forumite
    Fourth Anniversary 10 Posts Name Dropper
    edited 21 October 2021 at 2:10PM

    Nothing to update with regards to Carflow, all quiet on that front.

    I’ve still been pushing the retailer Wilko to intervene and trying to get further up the complaint ladder but they come back with the same spiel that they don’t own or run the carpark so nothing they can do.


    Thank you for your email.

    I have been asked to respond to your complaint, within my role in the Executive Complaints Team in Customer Care. Within my role, I handle complaints that have been sent to the CEO of the business.

    I have reviewed the details and while we appreciate the upset and frustration that has been caused, sadly we unable to intervene with any parking charges that have been received. As previously advised, the car park is not owned or operated by Wilko, sadly there is not further can do to assist.

    Please accept apologies for the further disappointment this may cause.

    Kind regards,

    Hayley




  • D_P_Dance
    D_P_Dance Posts: 11,591 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    You can rite bad stuff about Wilko on their website. facebook, Twitter, .et al.
    You never know how far you can go until you go too far.
  • Coupon-mad
    Coupon-mad Posts: 151,659 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Who does own the car park?  It's not Carflow.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • Who does own the car park?  It's not Carflow.
    I did ask Wilko if they can't or won't help then at least provide me with landowner details, but never did.
    I'm not sure if it's RCP Parking Ltd as that's the name on some of the signs and the redacted agreement that carflow provided with their popla pack.
  • Coupon-mad
    Coupon-mad Posts: 151,659 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 22 October 2021 at 1:51PM
    Another parking firm then!  And a 'disclosed principal' on the signs, so Carflow can't sue.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • Beano456
    Beano456 Posts: 83 Forumite
    Fourth Anniversary 10 Posts Name Dropper
    Another parking firm then!  And a 'disclosed principal' on the signs, so Carflow can't sue.
    I'm trying to find out if RCP are the actual landowner of the car park. This is the redacted contract.



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