To PAY or NOT to PAY

Trainerman

Terry1931 said:

Fruitcake said:

Terry1931 said:

What an amusing but silly thing to suggest that I am a parking firm employee. 

You are suggesting people pay who have received an unfair parking charge should pay an unregulated private parking company, which is exactly what unregulated parking companies want motorists to do.
Surely you can see how that looks.

It looks to me that the Status Quo approach is also not working.

Motorists are fighting these parking charges and winning and yet nothing is changing, the Parking companies continue to issue the charges and they are then justified at appeal in their Kangaroo courts.

Their Kangaroo Courts have a quota of appeals to grant in favour  of the motorist in order to validate their so called impartial status, but this has nothing to do with fairness or the reasons for granting the appeal. Its complete political manipulation of a so called independent arbitration process.

There will only be real change if the Parking companies lose as defendants rather than claimants.

As you know, I was interested to look at this idea when you first mooted it. This is partly because my/our cases are radically different ( as my first ever post will show) and I might just have something to hang my hat on. However, the more I think about your idea, the more concerned I become. The most important reason is that it is not easy to put together a defence against a claim. Look at how many people on this site desperately need help to craft a defence, then noting how many succeed if they follow the advice. The fact the PPCs  still go about business is down to the sheer amount of people who are frightened into giving way and paying up

Following your scenario there have to be enough people prepared to put their heads above the parapet and then they first have to find a compelling legal argument upon which to claim. THEN they have to craft it when the burden of proof is upon them!

I think for most people , finding any reason would be difficult, and to prosecute it a bridge too far. Yours may be an idea for very skilled and erudite people, but for many too risky

bargepole

As a MCOL all notifications will come to the claimant online, so it matters not where the claimant is at home or not.  This is a huge advantage and puts US in control. 

Where do you get that idea from?  Once the claim has been filed online, all notices from the Court - the DQ, the Notice of Allocation, the Notice of Trial Date, etc, are all sent by post, to the address stated on your claim form.

I don't know how you can expect to succeed with this idea, when you don't even know how the process works.

D_P_Dance

Is this getting us anywhere? .  If OP has the time, the ability, and the wherewithall to pursue this, let him do so.   I for one would rather issue a counter claim.  

Terry1931

As I said the status quo does not seem to work , with so many getting into more and more difficulty by not paying and ignoring claims. 

There is the factor that a judge could say against the parking motorist defendant why did you ignore this.

Many cases there might actually be a fair parking fee that is due, that forms part of the claim. By ignoring the whole Parking Charge notice the judge may rule the motorist was evading even the fair charge due.

When several years have elapsed since the parking charge and the eventual commencement of court proceedings it might be reasonable to conclude the motorist was trying to evade the actual charge.  

If an entity issues a charge for a service or provision but it is not the correct amount on the charge you are perfectly entitled to have paid this charge and then reclaim the difference in Court if the charger refuses to acknowledge your claim. 

If your reason to reclaim the overcharge is valid the Judge is highly likely to favour you for acting in good faith, paying and acting reasonably, rather than just ignored it. 

Simply Pay the Charge, write to the Parking company inform them you have paid under duress and your FEAR of their well known and documented menace of future unspecified actions.

Give them notice to settle or you will commence a Claim against them for recovery.