PCN appeal - is it worth challenging

D_P_Dance

 the case has now been passed on to a debt recovery company (seeking £160 now instead. 

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%20Excel%20v%20Wilkinson.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 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

You just ignore debt demands.  No acknowledging that bullying trash.

The law will change for new PCNs only.

There is no way you should be thinking in terms of settling an extortionate and unfair parking charge.

rowyourboat123

So. It may have been some time coming but the letter from the small claims court has arrived. Is there any further advice on how to approach this as they're saying mediation between both parties should be attempted? On top of all this cost of living crisis and expecting our first baby in the next few weeks, the timing couldn't be much worse to try and think of defending ourselves in court over such a stupid ticket. 

Have any of the rules/laws recently changed or advice on how to proceed at this stage?

My thanks as always for those reading and responding. 

Le_Kirk

What letter?  The DQ or the Notice of Allocation for a hearing?  Mediation is not recommended on this forum as you be talking to someone whose job it is to intimidate you and try to force you into agreeing to pay; it's almost as if they were paid by the claimant!

Coupon-mad

rowyourboat123 said:

So. It may have been some time coming but the letter from the small claims court has arrived. Is there any further advice on how to approach this as they're saying mediation between both parties should be attempted? On top of all this cost of living crisis and expecting our first baby in the next few weeks, the timing couldn't be much worse to try and think of defending ourselves in court over such a stupid ticket. 

Have any of the rules/laws recently changed or advice on how to proceed at this stage?

My thanks as always for those reading and responding. 

Do you mean a claim form?  Fully covered in the NEWBIES thread (the whole process) and we have a template defence.

What's the issue date, top right?

MazUK

On the IPC wesbite, i have made an account and was trying to submit the complaint.

There is no Premier parking logistics. The two available are:

premier parking enforcement ltd or

premier parking solutions ltd

Is it the "premier parking enforcement ltd" that i should choose to make the complaint against?

Coupon-mad

Nope - it's a BPA firm, then?

Castle

MazUK said:

On the IPC wesbite, i have made an account and was trying to submit the complaint.

There is no Premier parking logistics. The two available are:

premier parking enforcement ltd or

premier parking solutions ltd

Is it the "premier parking enforcement ltd" that i should choose to make the complaint against?

They won't be; because, "Premier Parking Logistics" is the trading name of Mr Walton Wilkins when he traded as a "Sole Trader", and he's no longer a member of the IPC AOS Scheme.

(His limited company, Premier Parking Enforcement Ltd" is a member of the IPC, but of course that's a different parking operator.)

1505grandad

@MazUK -  should this have been posted on your own thread?

MazUK

1505grandad said:

@MazUK -  should this have been posted on your own thread?

So sorry, yes you are right. Should o delete the comment?