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NCP and BW Legal CCBC claim for being "Parked without payment of the parking charge"

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Comments

  • Redx
    Redx Posts: 38,084 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper Photogenic
    Sorry to hear that , but there are no guarantees in litigation !!

    You gave it your best shot , so chalk it up to a learning experience !!

    Don't let it get you down , not everyone wins
  • Umkomaas
    Umkomaas Posts: 44,484 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Sorry to hear that you lost, but to know that you didn't cop for the extras PPCs pile on in the hope that a dozy Judge will let them slip through ...... other than this element you quote above.
    and attendance fees
    What are these, and how much?  For a telephone hearing?
    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
  • Coupon-mad
    Coupon-mad Posts: 162,386 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
     and attendance fees.
    They should not have been awarded those.

    How come you lost if the Judge accepted that their WS showed no t&c sign?
    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
  • There was no separate T+C sign at entrance.
    Judge did not allow some of their "administration costs" as stated in T+Cs.

    So total to be paid is the £100 fine, plus 1 percent interest (not 8 as claimant wanted), plus the approximate 48 pounds fee for organisation of telephone hearing.
    I also think that the 95 pounds attendance fees for the person attending the hearing on behalf of NCP was awarded. Total maybe 250? Could be wrong though. Will find out what needs paying when judgment is posted to me I guess.

    Maybe I needed to push more on the abuse of process angle. 
    I thought I did ok. Covered all the main arguments, (poor signage, double recovery meaning an abuse of process, anpr times not equating to time parked.) Judge did not watch my link to video showing me driving through CP.

    I learnt lots and am happy I tried my best. 
    I may have caught myself up by saying I knew and understood the pre-anpr  T+C's and that a fine would be owed if I broke them. I had no way of proving my car was parked less than 10 min.

    Will share ws and judgment soon.
  • Coupon-mad
    Coupon-mad Posts: 162,386 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 2 July 2021 at 8:51PM
    I think you did a good job, but they shouldn't have got this:
    I also think that the 95 pounds attendance fees for the person attending the hearing
     plus the approximate 48 pounds fee for organisation of telephone hearing.

    A hearing is a right and the only cost for that is a £25 flat rate hearing fee, not any admin costs for a 3rd party to 'host' the call!   Costs must be 'reasonably incurred' and £48 was not.

    We've never heard of a PPC asking for that, let alone getting it!  It surely makes a mockery of court, if PPCs can charge a sum that a court doesn't charge when they arrange telephone hearings, or host them in person. 

    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
  • I could be incorrect. Will let everyone know the full judgment when I receive it. 

    How long do I have to pay the judgement exactly? 
  • Umkomaas
    Umkomaas Posts: 44,484 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 2 July 2021 at 8:27PM
    I could be incorrect. Will let everyone know the full judgment when I receive it. 

    How long do I have to pay the judgement exactly? 
    Normally one month (infrequently it can be less), but it should be confirmed in the judgment communication. Please don't miss that deadline or there's a whole lot of expensive and credit-debilitating pain to endure. 

    To add - I don't think the court will break down the separate elements of the costs, just a global sum. 
    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
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