PCN - Premier Parking Logistics

Coupon-mad

akramir said:

Snakes_Belly said:

This is the paragraph that Bargepole has written to add to defences. The Code of Practice has not come into force yet but it may be persuasive. It is definitely worth including this paragraph in your defence. 

This is law but not yet effective it completely knocks out any debt collector charges. 


"This is the suggested paragraph I posted on another thread earlier this week:

The Department for Levelling Up, Housing and Communities ('DLUHC') has published, as of 7 February 2022, a statutory Code of Practice which all private parking Operators are required to comply with. This states, as Section 9, that 'The parking operator must not levy additional costs over and above the level of a parking charge or parking tariff as originally issued.'  In the present case, the Claimant has added a sum of [INSERT FIGURE HERE], described as '[INSERT DESCRIPTION HERE]', which is clearly contrary to the intention of the Code. Whilst it is accepted that the new statutory Code does not take full effect immediately, it clearly sets out the Government's intentions regarding private parking, and the Court is invited to strike out this element of the claim, irrespective of the determination of any other element."

Thank you! I appreciate the advise and I need that Code of practice is definitely a game changer.

When you mention include in your defence I presume you mean that that’s what I state in my defence when they issue me with an actual court claim

I've created a new version that people can use, it replaces para 4 onwards of the existing template defence:

https://forums.moneysavingexpert.com/discussion/comment/79031299/#Comment_79031299

HTH

akramir

By way of an update I heard from DCB Legal below… via email 

Presumably I still wait for their court claim before taking any further action or issue a response.. please confirm.

Umkomaas

Standard response. Unless you want to pay them there's nothing to do until a claim comes through. You could however do plenty of preparation for that by reading and internalising the court procedures and processes in the NEWBIES FAQ Announcement, second post. 

Coupon-mad

Except - if you have not already fired a shot across their boughs about the fact the added £60 is now banned by Government and indeed declared to be 'designed to extort money' - I am 100% encouraging people to rattle every roboclaim lawyer's cage with that at LBC stage.

akramir

Coupon-mad said:

Except - if you have not already fired a shot across their boughs about the fact the added £60 is now banned by Government and indeed declared to be 'designed to extort money' - I am 100% encouraging people to rattle every roboclaim lawyer's cage with that at LBC stage.

Thank you for the suggestion, worth replying back to the email from DCB and reminding them of this would help my case?

Umkomaas

akramir said:

Coupon-mad said:

Except - if you have not already fired a shot across their boughs about the fact the added £60 is now banned by Government and indeed declared to be 'designed to extort money' - I am 100% encouraging people to rattle every roboclaim lawyer's cage with that at LBC stage.

Thank you for the suggestion, worth replying back to the email from DCB and reminding them of this would help my case?

It might, if not, it sets your stall out for later in the process. There is no silver bullet (other than a landowner cancellation, or a cheque from you) that will stop this in its tracks at this stage. 

Coupon-mad

I say do it because at some point this year, I predict some PPCs are going to wake up and smell the coffee.

They will realise that the DRAs and roboclaim firms have actively prevented operators from collecting millions in unpaid PCNs that people would have paid or appealed, had they been offered that by way of a fresh PCN, sent with maybe a template amnesty letter, once their addresses were traced.  

This is really obvious to me.  A no-brainer for the industry.  Scrape off the DRAs.  I am giving this as free consultancy advice to PPCs, haha!   They also need to negotiate landowner contracts where they are paid.

Operators are sitting on millions.  People will pay (except if they have a major dispute) and court cases could and should become far less attractive.

So we should be telling the roboclaim firms to do one and that the D knows these fake costs are banned.  The message will get through.

If a claim is filed anyway it also looks better for you and bad for them that they filed a knowingly exaggerated claim.  Makes sense?

Snakes_Belly

This may be of use to you in your WS if PPL proceed with litigation.  Hat tip to 95Rollers for posting the link on another thread.

This is similar to the driver's scenario in your thread. Driver stops for a very short period.

https://www.thesun.co.uk/news/16075144/mum-wins-court-battle-sneaky-parking-firm/

akramir

Finally got my claim form for county court attached below..

Asking me to acknowledge the note and then declare my position. I note the claim amount is extortionate…

£171 + 35 court fee + £50 legal costs 

Any guidance on next steps would be very much appreciated.

KeithP

Have you no privacy concerns?
You have posted far too much information there.

Your Claim Number and your MCOL password are enough for anyone, including a rogue parking company's stooge, to file a rubbish and abusive Defence on your behalf.
We have seen it happen.

Also showing is your vehicle's reg no and PCN numbers - enough to uniquely identify this parking incident.

Delete those images urgently.