Helping out my folks with 2 PCN's. MOTO/Roadchef - CP Plus / DCB Legal

D_P_Dance

Debt recovery costs ae UNLAWFUL  Have you 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''.

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

Coupon-mad

beamerguy said:

Coupon-mad said:

Did you get this cancelled yet?  RoadChef seem to be doing a U turn and dragging their feet by sending fob-off replies in these cases now - pathetic.

It has been 2 weeks since the OP replied to the RoadChef reply

RoadChef did respond stating it would be difficult to cancel the whole amount because Group Nexus had listed the costs, one of which was debt recovery costs ????

The OP replied giving RoadChef the facts about this fabrication and Madam Snake made available the DRP screenshot stating "no win no fee"

The OP requested his reply was seen by the CEO of RoadChef.

I assume this was a shock for RoadChef and they are investigating.   A reply is expected from RoadChef

We have all noticed that the claims relating to MOTO and ROADCHEF are zero at present

Glad to hear that, beamerguy. 

I’d also noticed a lack of new claims from Group Nexus.

As well as a lack of new PCNs from a few usual suspects, hence I have asked the DVLA under FOI to tell me which PPCs are or were banned from getting DVLA data this year (if any) and for the paperwork and emails showing the decision trail and reasons.

FOI answer from the DVLA is due in a couple of weeks and if any PPCs are currently suspended then I will of course be here to expose it. 

I know this is a bit off topic but why do people like us have to FOI the DVLA randomly and not often enough, to find out which PPCs are suspended?

This info should be published and immediately and transparently available on the Trade Body AOS lists at the very least, but even better, published weekly by the DVLA so the public can check the lists themselves if they get a PCN on their windscreen, and make an informed decision

beamerguy

I would suggest that anyone who has written to RoadChef to get tickets cancelled and are not receiving the reply they want ...... SEND ME A PM

For me to reply, you do need to have your own thread giving me the information

Helpingmyfolks

Apologies for the lack of update. 

Yes, the PCN from MOTO was cancelled. However Roadchef (Tracey Baitup) has been an absolute joke to deal with.
She was initially 'compliant' by offering to look into it. Then replied to basically say 'tough luck'. 

@beamerguy wrote a stinging reply for me which must've got her backup and in her reply she then let slip a breach in GDPR, mentioning the other PCN. 

Basically this is an identical situation to @larrry63 situation. 

As it stands, I had to reply to the N180 form before the 30 day SAR request from GroupNexus had passed.
So I responded to that accepting 'mediation' to give me the three extra days for the SAR period. However, 30 days has now passed and I have not received anything from GroupNexus regarding the information surrounding the PCN.

So not sure where that leaves me. I thought they legally had to reply to a SAR request within 30 days.

Umkomaas

So I responded to that accepting 'mediation' to give me the three extra days for the SAR period.

I'm not sure how that will give you any more time. There's plenty of time to receive the SAR information as you likely won't have to submit your Witness Statement for many weeks yet. 

If Nexus haven't responded within the prescribed time limit, send them a chaser, giving them 7 days to respond, otherwise you will report their uncooperative attitude to the ICO. Be prepared to carry out that threat if they fail.

Timeouts

We must conclude that Tracey Baitup is a liability for Road Chef.  

I will PM'd you

Helpingmyfolks

Just sent them a reminder (template message on the ICO website).
I absolutely will follow through with the complaint if they fail to comply.

Wonder if a failure to comply with a SAR will result in the judge dismissing action? There is no photographic evidence of the vehicle or anything. This PCN is based on their say so. 
The alleged offences were 5+ years ago. So the driver has no recollection if they were actually there.

Umkomaas

Failure to reply to a SAR will not cause a Judge to find in your favour. But it may be evidence to use in painting a picture of unreasonableness on the part of the claimant should you claim additional costs for the extra work they are causing you ...... but it's a very high bar to get over. 

Coupon-mad

So I responded to that accepting 'mediation' to give me the three extra days for the SAR period

Oh dear, why do that? The two things are unrelated and you MUST NOT do Mediation.  It is bullying of Defendats to settle, and it has no place in a parking claim case.

 When you get the court letter offering Mediation, fill it in and say ''no'' and stop it in its tracks.

Redx

8 years I have been coming here , never seen mediation work for any defendant , just bullying and intimidation to settle