POPLA appeal lost - PPS ltd passed on to debt recovery- threatening court action

D_P_Dance

, and who knows how much additional admin charge , interest etc they will add on top of the £170, if I lose in court ??  .. 

Should they take you to court and win your likely total exposure is unlikely to exceed £200.  They have added what appears to be an extra unlawful amount of £70 for debt collection. This amounts to double recover and some 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

However, a 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

Coupon-mad

We know.  We deal with court claims every day here.

There are no huge costs added and no risk of a CCJ, at all, as long as you trust us and follow our advice to the letter.   Keep all the DRP letters and laugh at those.

Sit tight and only contact them if you move house, as you MUST tell a parking firm and their agents to erase any old postal address, to stop them using it for any claim form.

There is no CCJ risk to you and you really can ignore debt letters as long as you come back if you get a silly claim and do as we advise at all stages.  It is easy, we even have a template defence.

You are imagining costs that do not exist and you are imagining a scary court situation that isn't anything like that. Almost all cases here are won when defended and even those who lose (very rare here) pay maybe £25 more than £160.

99% report court wins and discontinuances and pay nothing.

Most cases never lead to a claim at all.  If it does then if it goes as far as a hearing it's likely to be on the phone.  Big deal!

DO NOT PAY A SCAM FOR AN EASY LIFE.

That is good moneysaving sense right there.  You can't get better advice and handholding through the process than offered on this forum - fact.

D_P_Dance

DO NOT PAY A SCAM FOR AN EASY LIFE.

Indeed, "first they came fot the socialist ..."

starliteaab

Thank you so much. 

So worst scenario .. court case - and unlikely event i lose , pay £200 max . Got it! 

So as I understand this will never lead to  CCJs . And can I confirm there will be no impact to credit file at any point either ? Thank you .. 

Coupon-mad

as I understand this will never lead to  CCJs 

As long as you follow our advice and tell them if you move house, and follow all court Directions and deadlines if a claim turns up.  Not having a CCJ is the same as not affecting your credit rating.  

starliteaab

Thank you !! You guys are awesome ! 

starliteaab

Dear Admins, Experts, 

 After literally months of silence, received a letter from Gladstones Solicitors date 26 July 2022, "LETTER BEFORE CLAIM" on behalf of Private Parking solutions (London )Ltd and amount due £170" . they are threatening legal proceedings if debt is not paid within 30 days of £170 . letter also says refer to the pre-action protocol (the PAP) and the practice direction for preaction conduct contained in Civil procedure rule ('CPR').

Given me 3 choices within 30 days
- pay the debt
- dispute the debt . via reply form 

failing that there is a warning saying their client reserves all its rights, including the right to commence court proceedings, which will incur further cost and interest ,, there is table published later amounting to £285.

Please could someone advise best course of action now. do i duspute this on their website? what if they start court proceedings?

KeithP

You now need to be following the guidance in the second post in the NEWBIES thread

The first few paragraphs there explain exactly how you should react after having received a Letter Before Claim.

That second post of the NEWBIES thread should be your first port of call from this point on - right through any court claim. Please read that before asking any further questions.

patient_dream

starliteaab said:

Dear Admins, Experts, 

 After literally months of silence, received a letter from Gladstones Solicitors date 26 July 2022, "LETTER BEFORE CLAIM" on behalf of Private Parking solutions (London )Ltd and amount due £170" . they are threatening legal proceedings if debt is not paid within 30 days of £170 . letter also says refer to the pre-action protocol (the PAP) and the practice direction for preaction conduct contained in Civil procedure rule ('CPR').

Given me 3 choices within 30 days
- pay the debt
- dispute the debt . via reply form 

failing that there is a warning saying their client reserves all its rights, including the right to commence court proceedings, which will incur further cost and interest ,, there is table published later amounting to £285.

Please could someone advise best course of action now. do i duspute this on their website? what if they start court proceedings?

Gladstones are scamming you with a fake £70, all cloud dreaming stuff

Right now, you have a 4th option under PAP and that is when you reply asking them about the fake and their legal authority to add this, tell them you are taking debt advice and to allow you a further 30 days

Gladstones have never given a reason for the fake, there is no answer.

If you get a court claim which they must sign as a statement of truth,they have a problem ...... it will be a lie if they add the fake

Most judges will not allow the fake or interest .... and as they do spank Gladstones, you can claim your costs.

If you get a court claim which is possible,come back so this forum can help you to zap them

starliteaab

KeithP said:

You now need to be following the guidance in the second post in the NEWBIES thread

The first few paragraphs there explain exactly how you should react after having received a Letter Before Claim.

That second post of the NEWBIES thread should be your first port of call from this point on - right through any court claim. Please read that before asking any further questions.

Hi Keith, 
Thanks
I read the post in the link you shared thank you.

1.  is it a real LBC?
at the start the post says " I mean a 'real' LBC with a 30 day deadline and reply forms." 
My letter from Gladstone solicitors,  does not have reply forms enclosed. does it mean it is or is not a real LBC ? it seems to meet 2  other criteria - at the top says "LETTER BEFORE CLAIM" and does give me a 30 day notice. 

2.Letter to PPC's DPO
Assuming it is a ' real 'LBC then another issue is Private Parking Solutions (London) Ltd's weblink for PRIVACY POLICY does not work. https://www.privateparkingsolutions.com/. The only contact email address mentioned is info@privateparkingsolutions.co.uk. So I guess I have no choice but to use this 

3. Regarding letter to Gladstone, I couldn't find a sample letter in the link, if in case you have come across it somewhere I would be grateful if you could share, 
Also do i need to also confirm point 1, even if I am not seeking debt advice?

Many thanks