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Unsuccessful POPLA appeal for Euro Car Parks - can I do more?

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Comments

  • KeithP
    KeithP Posts: 41,296 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    edited 18 October 2021 at 8:48PM
    What did Morrisons say when you wrote to them in August?

    What does the NEWBIES thread say about debt collectors letters?
  • Coupon-mad
    Coupon-mad Posts: 162,299 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    You say this was ParkingEye but your thread title says EURO?
    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
  • D_P_Dance
    D_P_Dance Posts: 11,593 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    , they want me to pay £155 

    They have added what appears to be an extra unlawful amount for debt collection. Judges have dismissed an entire claim because of this. Read this and complain to 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%20Excel%20v%20Wilkinson.pdf?dl=0
    Also read this
    https://forums.moneysavingexpert.com/discussion/6279348/witness-statements-2-transcripts-re-parking-firms-false-costs-recorder-cohen-qc-judgment-2021/p1


    You never know how far you can go until you go too far.
  • You say this was ParkingEye but your thread title says EURO?
    Apologies it is euro car parks 🤦🏼‍♀️
  • D_P_Dance said:
    , they want me to pay £155 

    They have added what appears to be an extra unlawful amount for debt collection. Judges have dismissed an entire claim because of this. Read this and complain to 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%20Excel%20v%20Wilkinson.pdf?dl=0
    Also read this
    https://forums.moneysavingexpert.com/discussion/6279348/witness-statements-2-transcripts-re-parking-firms-false-costs-recorder-cohen-qc-judgment-2021/p1


    Thank you, this is very helpful! 
  • KeithP said:
    What did Morrisons say when you wrote to them in August?

    What does the NEWBIES thread say about debt collectors letters?
    I didn’t write to Morrison’s because I don’t live in the area nor do I shop there regularly so it didn’t seem worth it. 

    I’ll have a look after he newbies thread re debt collectors letters, but tbh that whole thread confused me in the first place (and many others from what I’ve read) which is why I probably wasn’t successful with my appeal in the first place. 
  • Redx
    Redx Posts: 38,084 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper Photogenic
    edited 20 October 2021 at 9:30AM
    You were told to complain to the CEO David Potts , by email , same as everyone else who comes here with a PCN at Morrisons , if it's not worth it then we cannot help you because you are ignoring our wise advice !

    Not living near it is irrelevant in this day and age

    ECP monitor my local Morrison's , but the CEO complaint is the best option , plan A , it ALWAYS is !

    Post 4 of the newbies FAQ sticky thread near the top of the forum deals with boring powerless debt collector letters , has done for over 8 years , we have nothing else to say about the debt collector stage ( it's irrelevant )

    To be clear

    You ignore debt collector letters

    You do not ignore a formal LBC

    You do not ignore a court claim pack from the CCBC in Northampton within 6 years

    You complain to Morrisons head office , preferably by email , asap , get them to cancel it

    But if you ignore our experienced advice , then you are wasting our time



  • Redx said:
    You were told to complain to the CEO David Potts , by email , same as everyone else who comes here with a PCN at Morrisons , if it's not worth it then we cannot help you because you are ignoring our wise advice !

    Not living near it is irrelevant in this day and age

    ECP monitor my local Morrison's , but the CEO complaint is the best option , plan A , it ALWAYS is !

    Post 4 of the newbies FAQ sticky thread near the top of the forum deals with boring powerless debt collector letters , has done for over 8 years , we have nothing else to say about the debt collector stage ( it's irrelevant )

    To be clear

    You ignore debt collector letters

    You do not ignore a formal LBC

    You do not ignore a court claim pack from the CCBC in Northampton within 6 years

    You complain to Morrisons head office , preferably by email , asap , get them to cancel it



    I understand what you saying, but I was given the advice to state ‘i will no longer be shopping there and I spent x amount’ etc; I didn’t as I don’t live there nor regularly shop there. Therefore I didn’t feel comfortable constructing a complaint that plainly wasn’t true. I will write to head office thank you. 
  • Redx
    Redx Posts: 38,084 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper Photogenic
    edited 20 October 2021 at 9:36AM
    Then do so , because you Definitely won't like it if ECP issue a court claim and you have to defend it in court , all for want of one email complaint to the head office to avoid it !

    Your thread title says , Can I do more ? , The answer is yes , but you have done nothing !

    Prevention is better than cure !


  • Coupon-mad
    Coupon-mad Posts: 162,299 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    You simply re-write the suggested complaint to suit.  Not complaining at all was just letting this carry on.
    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
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