Link Parking / BW Legal - OWN residential parking bay

eagle5

So far I have completed sequence of events and gathered my evidence to add into my WS and now I am looking at cases to support mine. I also do not understand how to work out my costs (aside from loss of income/holiday) I would think it appropriate the long nights and stress on this case (which I should not be fighting to begin with) would amount to some form of compensation? 

Redx

Costs are limited in small claims court , read the example by loadsofchildren123 , plus the examples by @jrhys and @nosy etc

As for the cost breakdown , it's pretty obvious on the first charge , £167 , should be £100 or maybe less , the hidden debt collector charge was added , called double recovery , already in the Defence template , you expand on it in your WS , a typical court claim by parking eye doesn't contain it , hence it's more like £175 to £185

D_P_Dance

They have added what appears to be an extra unlawful amount for debt collection.

This amounts to double recovery and Judges all over the country are dismissing these spurious additions. Indeed some judges have dismissed entire claims because of this. Read this and complain to Trading Standards and 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

However, VCS appealed this so it may not apply in all cases, read this

https://www.dropbox.com/s/ntksx9g7177ahyg/VCS v Percy v1 Amendments (2).pdf?dl=0Also read this

https://forums.moneysavingexpert.com/discussion/6279348/witness-statements-2-transcripts-re-parking-firms-false-costs-recorder-cohen-qc-judgment-2021/p1

Also this,

"Abuse of process – the quantum

13. In addition to the disputed Parking Charge Notice claim amount of £100, the Claimant has added a sum of £60 that is disingenuously described variously as 'debt collection costs', ‘additional charges levied to cover the cost of recovery’, ‘additional administration costs’, ‘debt recovery costs’, ‘initial legal costs’ and ‘recovery costs’. The added £60 constitutes double recovery and the court is invited to find the quantum claimed is false and an abuse of process as was found by District Judge Claire Jackson (now HHJ Jackson, a Specialist Civil Circuit Judge) in Excel vs Wilkinson: G4QZ465V, a similar case in which £60 had been added to a parking charge, heard in July 2020 (the transcript of which is exhibit XX-04). The Judge concluded that such claims are proceedings with 'an improper collateral purpose'. Leave to appeal was refused and that route was not pursued."

Also consider complaining to The SRA about the solicitor, if one is involved They are fully aware of the unlawful nature of most of thse additions yet persist in adding them..

https://www.sra.org.uk/consumers/problems/

Coupon-mad

Interest at 8% is standard in small claims.  Focus instead on the added £60 (and they can't have interest on that, nor have that at all).

D_P_Dance

Most judges nowadays appear to be allowing only 1% interest on successful claims.  This is 10 times more than my bank is paying me on a deposit account.  

eagle5

Redx said:

Costs are limited in small claims court , read the example by loadsofchildren123 , plus the examples by @jrhys and @nosy etc

As for the cost breakdown , it's pretty obvious on the first charge , £167 , should be £100 or maybe less , the hidden debt collector charge was added , called double recovery , already in the Defence template , you expand on it in your WS , a typical court claim by parking eye doesn't contain it , hence it's more like £175 to £185

Thank you - yes the original ticket was at "discount" of £60 if paid in 14 days, otherwise £100

Redx

eagle5 said:

Redx said:

Costs are limited in small claims court , read the example by loadsofchildren123 , plus the examples by @jrhys and @nosy etc

As for the cost breakdown , it's pretty obvious on the first charge , £167 , should be £100 or maybe less , the hidden debt collector charge was added , called double recovery , already in the Defence template , you expand on it in your WS , a typical court claim by parking eye doesn't contain it , hence it's more like £175 to £185

Thank you - yes the original ticket was at "discount" of £60 if paid in 14 days, otherwise £100

The original PCN was actually £100 , always was , always is , always will be , with a 40% discount for early payment , which wasn't paid !! So it reverted to the default tariff of £100 and is still £100 !! Interest can be charged on that £100 , if upheld in court !

Coupon mad is talking about 2 things , the spurious extra charge of £60 debt collection which never happened ( double recovery ) plus the extra interest on that debt collector fee , which never accrued because it wasn't paid out , neither were !

It's very important to get these facts into your head

As for the £100 PCN , it's never £60 ! If you buy a £100 watch on black Friday with a 40% discount voucher code so pay £60 , it's still the same value of £100 on the day after black Friday , because it's a £100 watch ! What you paid is irrelevant

Buy a sovereign or Krugerrand at half price , it's still valued at its market price when insuring it 

I hope that you understand these basic ?

eagle5

Redx said:

eagle5 said:

Redx said:

Costs are limited in small claims court , read the example by loadsofchildren123 , plus the examples by @jrhys and @nosy etc

As for the cost breakdown , it's pretty obvious on the first charge , £167 , should be £100 or maybe less , the hidden debt collector charge was added , called double recovery , already in the Defence template , you expand on it in your WS , a typical court claim by parking eye doesn't contain it , hence it's more like £175 to £185

Thank you - yes the original ticket was at "discount" of £60 if paid in 14 days, otherwise £100

The original PCN was actually £100 , always was , always is , always will be , with a 40% discount for early payment , which wasn't paid !! So it reverted to the default tariff of £100 and is still £100 !! Interest can be charged on that £100 , if upheld in court !

I hope that you understand these basic ?

Yes I have seen examples of "admin" charges such as printing etc so wanted tailored advice based on my received costs ("£60 recovery costs").

I am reading the examples you sent, they are directly helpful to my case, thank you for pointing me in the right direction 

Coupon-mad

Read the Judge's transcript of Excel v Wilkinson, which is tailored advice about why adding £60 is unrecoverable greed.

eagle5

I believe I have finally finished the WS content - as the courts have not asked me to submit one and so no direction, my assumption is email is my fastest, best option as it also gives me a receipt immediately. I can also post tomorrow to arrive for Tuesday AM (or drop it off in person tomorrow if that will give me a personal receipt). 

Additionally, for the hearing, do I need to take a copy of my bundle for the claimant too?