Need Help. Over £12,500!

wooderson

Hi guys, apologies for the delay in updating you.

To summarise what happened:

The solicitor filed a last minute supplementary witness statement which included statements from all 3 of the shop managers beneath us effectively lying and saying they told us not to park there numerous times.

This was very upsetting for us and we suspect that they were forced into saying this because they admitted to us afterwards that if they had given us written permission to park there then they would have been in trouble with the landlord for basically subletting the car park which they weren't allowed to do.

Of course this is not fair at all and I can only hope that karma comes back around to them.

As you can imagine...with the odds stacked against us...we lost the cases (apart from my stepdads [who lives in another country] that got struck out because the driver could not be identified).

Fortunately all extra admin charges were also removed which resulted in an approximate 40% discount.

In the end we do feel hard done by, having been told by both an agent from the landlord company and all the shops that we could park there and then them going back on their word and leaving us with years of parking charges to pay.

This whole private parking industry is extremely despicable. I can't imagine what kind of person would run such a company or the solicitors who do the dirty work. How do they sleep at night?

By the way, I have just received 1 PCN for having overstayed in a LIDL car park in London. As me and my partner were approaching the car with our shopping bags...we heard a 'meow' from the bushes and then we spent the next hour or so [which caused the overstay] trying to rescue a kitten. We were unsuccessful...but we did return later that night when it was quieter and managed to rescue it and have now taken it in.

My question is has the new Code of Practice come into play already? Because the PCN is asking for £90 reduced to £45 if paid within 14 days.

Shouldn't this be £50 reduced to £25?

If so, what should I do? I feel like there should be a team of people going around and suing all the parking companies now who do not adhere to the new rules such as using intimidating language in letters etc

Le_Kirk

Tough luck on losing your case.  In regards to the Lidl one, just go to the NEWBIE sticky and use the appeal in blue text AFTER complaining to Lidl.

Jenni_D

As above - complain vociferously to Lidl and they'll get it cancelled.

Snakes_Belly

Sorry that you lost out on the court case.

"The solicitor filed a last minute supplementary witness statement which included statements from all 3 of the shop managers beneath us effectively lying and saying they told us not to park there numerous times."

This supplementary witness statement seems like an ambush. Would you have had time to challenge that?

"This was very upsetting for us and we suspect that they were forced into saying this because they admitted to us afterwards that if they had given us written permission to park there then they would have been in trouble with the landlord for basically subletting the car park which they weren't allowed to do."

Unless you were paying to use the car park and had a contract then they were not sub-letting. Perhaps that is why there was never anything in writing. These loose arrangements can cause problems and hard lessons. 

wooderson

@Snakes_Belly --- I don't think I would have had time to challenge it no especially because I was one inexperienced person doing the paperwork for 12 cases and I was just burnt out by then.

Furthermore, would have been hard to prove because it was a verbal agreement situation that got very messy with several different entities involved, management companies, landlords, multiple shops, ex-staff, liars etc...At one point when we were seeking more information, even our landlord lied and said they didn't know who actually owned that piece of land...and then they started ignoring all our calls and emails.

Like you say these loose agreements can cause problems definitely! I just didn't expect the shop managers to lie because we see these people every week and give them a casual hello. And landlords shouldn't lie either.

As you say, it's a lesson. It's not about what you know, it's about what you can prove. And from now on I will have my guard up and expect the worse of everyone...i.e..i will record every single piece of correspondence from any establishment. You just can't trust people to be honest these days....even your average joe.

By the way guys, I'd still like to know though....is the new Code of Practice active right now? So firms can't charge more than £25/£50 ?

Jenni_D

Just curious ... when you say "last minute", how close exactly to the hearing?

Coupon-mad

I'd still like to know though....is the new Code of Practice active right now? So firms can't charge more than £25/£50 ?

No it's not.

As was fully expected, toys were thrown out of the pram and money was thrown at lawyers:

https://www.racfoundation.org/media-centre/firms-fight-back-against-reforms-to-parking-on-private-land

So, the Code is currently withdrawn, for the figures to be reviewed with a new Public Consultation and Impact Assessment, due to this notoriously rotten industry filing Judicial Reviews and the Government conceding they need to widen the scope and questions and do an Impact Assessment.

That will look at impact on the driving public, lease/hire/fleet firms, PPCs, DRAs, landowners and the economy.

There is only ever a short 3 or 4 week window for these Consultations (we have done two already, in 2020 & 2021). I suspect you and your friends/family will want to see your evidence heard.  It will all be about evidence, not ranty opinion.

Don't miss out. Diarise to keep checking.

You have compelling evidence of the distress and hugely disproportionate impact of bullying demands at £100 a pop on someone who had verbal agreement to park and was never trespassing.

You also have a case where all the added fake 'DRA costs' were disallowed by the Judge. If you can remember what the Judge said about that extortion, write that down in some notes now, ready to use in your response to Government.

Stick around and we'll inform everyone when it is happening.