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Dcblegal adding £60

Can they add £60 for no reason
i got a ticket in 2017 for slightly being over a white line I have no idea or remember it But they are threatening me with court if I don’t pay £160
i offered them the original £100 as a good will to end the bloody thing bit they refused and said if I don’t pay the £160 then they will issue court proceedings and I have said I won’t be paying the extra £60
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Comments

  • D_P_Dance
    D_P_Dance Posts: 11,593 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    edited 26 November 2021 at 4:13PM

    It isalmost certainly unlawful  This amounts to double recoveryJudges have dismissed an entire claim because of this..

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

    WRT paking outside of a bay, raed this

    https://en.wikipedia.org/wiki/De_minimis

    such a claim is unlikely to please a judge.

    You never know how far you can go until you go too far.
  • which firm are DCBL representing on this occasion?
  • U.K. parking control
  • Le_Kirk
    Le_Kirk Posts: 26,148 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    If you read the NEWBIE sticky and the defence template and some other posts you will find many posters in the same position as you and multiple discussions about this issue.
  • I did look but there are so many threads 
    all I was really after is can they add £60
    they even sent me a email saying I can pay it in 4 instalments of 40 each which I declined 
    I had no problem paying the £100 but out of principle I ain’t paying the £60 they added on 
    what if I paid the £100 as I have there account details
    how could they take me to court for the £60 that they have added on which isn’t allowed as that’s not a charge it’s a apparent admin fees etc 
  • James_d_2 said:
    U.K. parking control
    Do read this thread

    DCBL letters ... forum group thread
    https://forums.moneysavingexpert.com/discussion/6237177/dcbl-letters-forum-group-thread#latest

    Have you sent a SAR to UKPC requesting the info they hold on you ?

    These old tickets from UKPC are just a catch up on the huge amount of business they lost during lockdown. 

    DCBL are picking up the dregs at the moment. DCBL fake the amounts and the courts know all about their little tricks ....... DCBL are so smart that they recently cost another parking company called VCS £1000 .......  a judge spanked them.

    Play their silly game, they already know their chances of winning are slim and who knows UKPC coud be the next one to get one of the DCBL spankings

    And whatever happens, it's going to cost UKPC money
  • Coupon-mad
    Coupon-mad Posts: 160,732 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    James_d_2 said:
    I did look but there are so many threads 
    There are not, there is one, the NEWBIES thread deals with LBC stage, in the 2nd post.  All you need to do is a SAR and to buy a 30 day hold to get past Xmas and New Year if you'd rather deal with the claim in January, as most people would.

    what if I paid the £100 as I have there account details
    No.  That is NOT how to handle it.

    all I was really after is can they add £60
    And the answer will be up to your Judge.  Most Judges say no.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • Johnersh
    Johnersh Posts: 1,584 Forumite
    Fifth Anniversary 1,000 Posts Name Dropper Photogenic
    You can't stop them coming for you and they have disregarded your £100 offer.

    If you want to, you can let them issue a claim, admit liability for the parking charge and then fight over all the added costs. 

    That means the court will need to rule on those explicitly and, if successful, you get to point to the earlier offer made pre-action.

    Naturally you may feel that if you're going to end up in court, may as well fight the whole lot. The answer to that may lie in just how over the while line your car was... 
  • There is record of quite a few UKPC cases being struck out as an Abuse of Process as have been a lot of cases with DCBL - their justification is its OK "as the BPA allow it" which basically holds as much legal clout as "my mate Kevin down the pub allows it"!   

    The PPC won't take payments once they get DCBL, ZZPS etc are involved. They'll say you "have to pay" them as they don't want to pi55 off their bedfellows and even if you did pay them you'd be forever harassed by thr parasites boohooing over their "admin fee".  

    I think you're better off waiting it out.
  • Today I have received a court letter after months of refusing to pay £160
    this happened in 2017 and I only started receiving letters 6 months ago 
    I have asked for proof and never had any sent 
    I got so fed up I offered to pay the £100 and they refused so left it at that really I said to them I would pay the £100 but not the extra £60 for for knows what for 
    where do I go from here I have proof in my emails that I have offered to pay the £100 and emails of them refusing 
    do I tell the court in my defence that for 4 years I had no letter and when I did I asked for proof that they will not give me and that I also offered to pay the original fine like I would of done if they had written to me 4 years ago 
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