Disabled, Parked on public road, ticketed by private firm!

D_P_Dance

Claim is for £170 + £35 court fee + £50 legal representation, = £255 total.

They have added what appears to be an extra unlawful amount of £70 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 Excel v Wilkinson.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 this,

"Abuse of process – the quantum

13. In addition to the disputed Parking Charge Notice claim amount of £100, the Claimant has added a sum of £60 that is disingenuously described variously as 'debt collection costs', ‘additional charges levied to cover the cost of recovery’, ‘additional administration costs’, ‘debt recovery costs’, ‘initial legal costs’ and ‘recovery costs’. The added £60 constitutes double recovery and the court is invited to find the quantum claimed is false and an abuse of process as was found by District Judge Claire Jackson (now HHJ Jackson, a Specialist Civil Circuit Judge) in Excel vs Wilkinson: G4QZ465V, a similar case in which £60 had been added to a parking charge, heard in July 2020 (the transcript of which is exhibit XX-04). The Judge concluded that such claims are proceedings with 'an improper collateral purpose'. Leave to appeal was refused and that route was not pursued."

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, which are nvariabky disallowed by the judge, yet persist in adding them..

https://www.sra.org.uk/consumers/problems/

Sad__Sam

By way of update, in advance of Court, the Judge demanded the equivalent of, full copies of War and Peace plus the Encyclopedia Britannica from VCS to prove their case, I guess he could see they were being ridiculous.

They dropped the case immediately.

Thank you all for your wisdom and assistance.

Umkomaas

Sad__Sam said:

By way of update, in advance of Court, the Judge demanded the equivalent of, full copies of War and Peace plus the Encyclopedia Britannica from VCS to prove their case, I guess he could see they were being ridiculous.

They dropped the case immediately.

Thank you all for your wisdom and assistance.

Well done. 👍 More than suggests it was a VCS try-on. 

ANOTHER VCS CASE BITES THE DUST

Coupon-mad

Sad__Sam said:

By way of update, in advance of Court, the Judge demanded the equivalent of, full copies of War and Peace plus the Encyclopedia Britannica from VCS to prove their case, I guess he could see they were being ridiculous.

They dropped the case immediately.

Thank you all for your wisdom and assistance.

Great stuff!

Please show that Order (cover your name).