PCN with excessive charges

SebJBTS

Hi there,

Having read multiple threads on this I still have a question about my situation.  Hope you don't mind and of course will be very grateful for opinions.

I did drive on to a holiday park 5 April 2021 to consider parking up for a walk, it is a large estate with a few options for parking over a couple of miles and so by the time we stopped got out decided it was too freezing cold and the terrain a bit unsuitable for my father in law and his dodgy hip we decided against parking.  We were likely on the estate for 20 minutes max and got caught by a CCTV and vehicle recognition (we never actually got so far as to read the signs to see this is how parking was managed).  Given this is my fault, and whilst a bit frustrated, I can see why I should pay a fine.

However, the fine was issued on Mid April to my old address.  Again this is my fault as I moved at the start of April and didn't change my address for my car registration until the start of May.  

So on that basis I can now see I should pay the larger amount rather than the reduced fee - so £100 rather than £60.

However, the charge has now arrived at my new address and is £250 as they have gone to the County Court Business Centre.  My frustration on this is that they have not issued any reminders, further comms to me since Mid April or noted the change of address which would have enabled me to settle this matter. As it was a CCTV capture there was no ticket etc/in my head I didn't park so I was completely oblivious 

So the other £150 seems unreasonable.

My questions are: 

If I pay the £100 and document why I am appealing against the other charges does that have a chance of resolving the situation or more likely make my situation worse?

Could the County Court Business Centre still consider progressing with a CCJ. or adding on additional charges?

In my appeal should I indicate that if they considered the circumstances and decided I still needed to pay the £248.60 then I would. 

Are the County Court Business Centres the type of review that would consider these matters on an individual basis or just an systematic process driven thing which will ignore some of these issues?

What would you advise?

Thanks in advance  - I would really appreciate some other opinions and can see variety of scenarios and options.

D_P_Dance

So the other £150 seems unreasonable.

It is a scam, read these,

Thyey 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

https://forums.moneysavingexpert.com/discussion/6279348/witness-statements-2-transcripts-re-parking-firms-false-costs-recorder-cohen-qc-judgment-2021/p1

Coupon-mad

It's not an 'appeal' it's a defence and you MUST NOT make a partial admission or you can't defend and AIUI, part admissions still get a CCJ.

You must defend in full and just by using our guidance, you have very high prospects of success.  We have seen 99% wins or discontinuances reported by new posters here, consistently for more than 5 years.  Cases very like yours.

This is not your fault. You didn't park so you do not owe a parking charge, didn't accept any contractual terms and left as promptly as you could, given the large size of the estate and rocky roadways that no car could plough along at speed without damaging their tyres or chipping paintwork!

Also you had a person with impaired mobility with you and the areas were not visible from outside, so it was only once in the estate that you could view the suitability of the terrain at the parking areas snd decided it wouldn't work, and left.  

You didn't park.

Look how easily they found you when they filed the claim, and having traced your new address (which they did not get from the DVLA because they can't ask twice) they KNEW the PCN and any follow up demand, and the Letter before Claim went to the wrong address.  They knew full well they were issuing a claim against someone who had seen nothing of the charge or evidence, without offering appeal as an ADR first.

Which PPC?

Which solicitor filed the claim?

What is the issue date of that claim (we assume it is headed 'claim form' and not 'judgment in defsult'?

Le_Kirk

To make sure all communication goes to your address, send a data rectification notice to the DPO of the PPC informing them of your new address for service and requiring them to erase your old data and inform all of their agents and sub-contractors.

SebJBTS

Thanks everyone for your help and guidance.

Coupon Mad thanks for your advice and to respond to your questions:

Which PPC?  Premier Parking Solutions

Which solicitor filed the claim? BW Legal

What is the issue date of that claim (we assume it is headed 'claim form' and not 'judgment in default'? 

It is a claim form  - Issue date is 4 October, although it notes it is considered as served 5 days after so I am working on 9th as my date and I have 14 days to respond so looking to respond now.

Just doing that thing where I get a bit nervous about challenging despite all of the very valid points made above.

Thanks again for input

Fruitcake

When you do the AoS, do not put anything in the defence box. You send that later by email exactly as the guide to court in the NEWBIES tells you.

Coupon-mad

It is a claim form  - Issue date is 4 October, although it notes it is considered as served 5 days after so I am working on 9th as my date and I have 14 days to respond so looking to respond now.

OK, that is easy, not your defence just yet.

It's just doing the AOS online as per the link with page by page screenshots, walking newbies through AOS (see 2nd post on the NEWBIES thread).  No making any partial admission or AIUI, you then can't defend and get a CCJ.

Just doing that thing where I get a bit nervous about challenging despite all of the very valid points made above.

Understood! Nothing to be scared of, though, and no CCJ risk by following our guidance, not even if you lose, when you would just pay less than the claim (because it's inflated).

No damage on your credit file, nothing.  Think of it as Judge Rinder but over the phone, if the case gets as far as a hearing.

You must defend this in full and we see wins/discontinuances 99% of the time.  Well worth the life experience.

KeithP

SebJBTS said:

It is a claim form  - Issue date is 4 October, although it notes it is considered as served 5 days after so I am working on 9th as my date and I have 14 days to respond so looking to respond now.

With a Claim Issue Date of 4th October, you have until Monday 25th October to file an Acknowledgment of Service but there is nothing to be gained by delaying it. 

To file an AoS, follow the guidance in the Dropbox file linked from the second post in the NEWBIES thread.

Having filed an AoS in a timely manner, you have until 4pm on Monday 8th November 2021 to file your Defence.

That's three weeks away. Plenty of time to produce a Defence, but please don't leave it to the last minute.

To create a Defence, and then file a Defence by email, look again at the second post on the NEWBIES thread - immediately following where you found the Acknowledgment of Service instructions.

Don't miss the deadline for filing an Acknowledgment of Service, nor that for filing a Defence.

Do not try and file a Defence via the MoneyClaimOnline website. Once an Acknowledgment of Service has been filed, the MCOL website should be treated as 'read only'.

SebJBTS

Hey everyone - thanks so much for the input.  Great to have such clear and concise guidance.