Fighting a Parking fine due to a faulty meter at small claims stage

dvdccd

So, I had asked the solicitor if they could provide me with photos of the signage and a copy of the agreement the claimant had with the landowner and I got this back:

As a claim has been issued, we are not obliged to provide evidence unless we are ordered to do so by the Court.
At this stage, we can accept payment in full in the sum of £259.25.
If you are not looking to make payment in full, we would recommend that you respond to the Court documentation accordingly.

I would like to ask them for a breakdown of the £259.25 claim, as it lists:

• Amount claimed £184.25
• Court Fee £25
• Legal representative's costs £50 - ( I will add this in my defense)

There is some blurb about 8% APR but they never explain how £100 turns into £184.25 am I allowed to do this?

dvdccd

KeithP said:

I'm pretty sure this one is a PCN though as it states it is. I have loaded it to dropbox, is you would not mind taking a look?
https://www.dropbox.com/s/16wooonvpam1wib/How to use the Public folder.txt?dl=0 

Wrong link.

Sorry:
https://www.dropbox.com/s/41qqdnu0wz4oxyy/ParkingFine.jpg?dl=0

Snakes_Belly

Another recent poster has had the same issue with one of this operator's machines. I think that they entered £6.00 and received a £5.00 ticket. The car park was in the Chinese Quarter in Birmingham and they were going to the Hippodrome.

This operator does not maintain their car parks at all. There is also an ongoing case of a heavily flooded car park in the Jewelry Quarter owned by the same operator. 

Snakes_Belly

https://forums.moneysavingexpert.com/discussion/6107184/accidental-small-underpayment/p8
This is the thread as mentioned above. May be an idea to bookmark this thread.

So two posters have received PCN's for underpayments from the same operator in similar circumstances and area. This is starting to sound a bit dodgy.

Snakes_Belly

"This happened because although I had put enough money in the meter to cover my stay, the screen that displays the balance was broken, so when I pressed the green button to issue the ticket it did not give me the full time, as it must have missed counting one of the pound coins" dvdccd 


"I asked the 'officer' at Ladywell car park in Birmingham how much the parking charge was. As it was in the evening he told me it was £6 until the following morning, I was in a hurry as I was late for a show at the Hippodrome so I ran to the machine paid in £6 in coins and put the ticket in the car without even looking at it.

I had a PCN when I returned 3 hours later. It seems although I paid £6 only £5 registered and I was only given one hour. I assumed one coin was rejected but in my rush I never noticed and simply pressed the ticket button after inserting 6 £1 coins."
Jimsnap

A bit of a trend going on here. Birmingham, same operator. Machines that miss count pound coins.

dvdccd

Snakes_Belly said:

"This happened because although I had put enough money in the meter to cover my stay, the screen that displays the balance was broken, so when I pressed the green button to issue the ticket it did not give me the full time, as it must have missed counting one of the pound coins" dvdccd 


"I asked the 'officer' at Ladywell car park in Birmingham how much the parking charge was. As it was in the evening he told me it was £6 until the following morning, I was in a hurry as I was late for a show at the Hippodrome so I ran to the machine paid in £6 in coins and put the ticket in the car without even looking at it.

I had a PCN when I returned 3 hours later. It seems although I paid £6 only £5 registered and I was only given one hour. I assumed one coin was rejected but in my rush I never noticed and simply pressed the ticket button after inserting 6 £1 coins."
Jimsnap

A bit of a trend going on here. Birmingham, same operator. Machines that miss count pound coins.

Hi Snakes_Belly I saw one of your threads about a broken machine and you having to pay £3 lol.

Yes, everything I have read about the guy who runs this company has not been good.

dvdccd

Looking at this mystery £84 I know £60 of it was just thrown on there as a DCB legal cost, as referenced here:
https://forums.moneysavingexpert.com/discussion/6129744/bwlegal-the-scam/p1?new=1 
Would it be worth me sending that template abuse of process letter?

Redx

dvdccd said:

Looking at this mystery £84 I know £60 of it was just thrown on there as a DCB legal cost, as referenced here:
https://forums.moneysavingexpert.com/discussion/6129744/bwlegal-the-scam/p1?new=1 
Would it be worth me sending that template abuse of process letter?

no , because it was appealed and so its no longer a substantial rebuttal, double recovery is the real rebuttal of that added £60 , besides which you are at the court claim stage, the defence stage of the process, so a waste of time arguing with the solicitors , the claim has already been issued

dvdccd

Redx said:

dvdccd said:

Looking at this mystery £84 I know £60 of it was just thrown on there as a DCB legal cost, as referenced here:
https://forums.moneysavingexpert.com/discussion/6129744/bwlegal-the-scam/p1?new=1 
Would it be worth me sending that template abuse of process letter?

no , because it was appealed and so its no longer a substantial rebuttal, double recovery is the real rebuttal of that added £60 , besides which you are at the court claim stage, the defence stage of the process, so a waste of time arguing with the solicitors , the claim has already been issued

So I should point out the double recovery on the £60, as part of my defense, and not bother sending that template to DCB Legal because it wouldn't make any difference, is that right?

Redx

the defence should already have that covered in the coupon mad paragraphs that you do not alter