Court Claim Defence Guidance - UK Parking Control Ltd

bloodyccbc

Yes, New paragraph after 5, obviously #6, then follow on changing 6-7, 7-8... so on. 

It read so much better. That's what I have just done with mine and will be filing very soon. 4pm deadline today. 

Le_Kirk

Don't forget now that you have added new paragraphs, you will have to take account of the following regularly posted by @1505grandad: -

7.  The Claimant ..............  He was not taken by either party to Somerfield in point #5 above and in any event.....
and change #5 to the correct number after you have renumbered your whole defence.

bloodyccbc

Le_Kirk said:

Don't forget now that you have added new paragraphs, you will have to take account of the following regularly posted by @1505grandad: -

7.  The Claimant ..............  He was not taken by either party to Somerfield in point #5 above and in any event.....
and change #5 to the correct number after you have renumbered your whole defence.

You had me worried there. Just checked and fortunately adding the new ruling as paragraph #6 doesn’t interfere with that. 

Le_Kirk

bloodyccbc said:

Le_Kirk said:

Don't forget now that you have added new paragraphs, you will have to take account of the following regularly posted by @1505grandad: -

7.  The Claimant ..............  He was not taken by either party to Somerfield in point #5 above and in any event.....
and change #5 to the correct number after you have renumbered your whole defence.

You had me worried there. Just checked and fortunately adding the new ruling as paragraph #6 doesn’t interfere with that. 

Yep, it's OK at #6 but sometimes posters add additional paragraphs after 2 & 3, doesn't hurt to check like you did and sorry to worry you.

RS2002

Apologies for coming back with more questions this late in the game. I've added the additional paragraph (suggested as the new paragraph '6') in to my defence, the one regarding the claimant adding fees/costs on top of the original figure.

I was just hoping for some clarification as to what I'm entering in to the 'INSERT FIGURE HERE' and 'INSERT DESCRIPTION HERE' sections. 

My Claim Form letter states a total amount payable of £295.00 (Amount claimed: £210.00 + £35.00 'Court Fee' + £50.00 'Legal Representative's Costs' = £295.00). 

The original PCN was for £100.00, but the letter doesn't seem to give a breakdown of how the figure has got from £100.00 to £210.00, even before the court/legal fees were added. 

Is it this £110.00 that has somewhere been added to the original £100.00 I'm mentioning in the new paragraph, or simply the court and legal fees? 

Hopefully it makes what I'm asking  Thanks as always.

Mintyfeeling

So I had roughly the same cost breakdown.

I believe those added charges they aren't supposed to sneak in are hidden in that £210. Like you, the maximum charge on the initial PCN was £100. They threaten an extra £60 for late payment "in accordance with the terms and conditions of parking". Obviously I've never seen those terms and conditions so that's no use to me. The other £50 I assume is the interest they also claim although I've not yet done the maths.

As far as I know they are fine to ask for the court fees and interest. It's just that extra £60 they slip on for vague reasons. In my claim form particulars they simply call it "damages".

Umkomaas

As far as I know they are fine to ask for the court fees and interest. It's just that extra £60 they slip on for vague reasons. In my claim form particulars they simply call it "damages".

But the government's new Code of Practice forbids the addition of any debt collection/administration/damages add-on, and @bargepole has drafted a hugely helpful paragraph to add to any Defence where there are add-ons.

https://forums.moneysavingexpert.com/discussion/comment/78978233#Comment_78978233

patient_dream

RS2002 said:

Apologies for coming back with more questions this late in the game. I've added the additional paragraph (suggested as the new paragraph '6') in to my defence, the one regarding the claimant adding fees/costs on top of the original figure.

I was just hoping for some clarification as to what I'm entering in to the 'INSERT FIGURE HERE' and 'INSERT DESCRIPTION HERE' sections. 

My Claim Form letter states a total amount payable of £295.00 (Amount claimed: £210.00 + £35.00 'Court Fee' + £50.00 'Legal Representative's Costs' = £295.00). 

The original PCN was for £100.00, but the letter doesn't seem to give a breakdown of how the figure has got from £100.00 to £210.00, even before the court/legal fees were added. 

Is it this £110.00 that has somewhere been added to the original £100.00 I'm mentioning in the new paragraph, or simply the court and legal fees? 

Hopefully it makes what I'm asking  Thanks as always.

As Bargepole has said ....

"The Department for Levelling Up, Housing and Communities ('DLUHC') has published, as of 7 February 2022, a statutory Code of Practice which all private parking Operators are required to comply with. This states, as Section 9, that 'The parking operator must not levy additional costs over and above the level of a parking charge or parking tariff as originally issued.'  In the present case, the Claimant has added a sum of [INSERT FIGURE HERE], described as '[INSERT DESCRIPTION HERE]', which is clearly contrary to the intention of the Code. Whilst it is accepted that the new statutory Code does not take full effect immediately, it clearly sets out the Government's intentions regarding private parking, and the Court is invited to strike out this element of the claim, irrespective of the determination of any other element."

[INSERT FIGURE HERE] ..... this is the amount they have added above the £100.  
Court and solicitors fees are normal and in your case, you are talking about £110 above the £100
Are they claiming interest ?

'[INSERT DESCRIPTION HERE]',,,, This is how they described the extra amount as a statement of truth

The parking operator must not levy additional costs over and above the level of a parking charge

RS2002

Mintyfeeling said:

So I had roughly the same cost breakdown.

I believe those added charges they aren't supposed to sneak in are hidden in that £210. Like you, the maximum charge on the initial PCN was £100. They threaten an extra £60 for late payment "in accordance with the terms and conditions of parking". Obviously I've never seen those terms and conditions so that's no use to me. The other £50 I assume is the interest they also claim although I've not yet done the maths.

As far as I know they are fine to ask for the court fees and interest. It's just that extra £60 they slip on for vague reasons. In my claim form particulars they simply call it "damages".

I imagine both of our letters are identical! So it seems this additional £110.00 that's wormed it's way in is for 'damages' and 'interest'. If adding interest is considered acceptable, then I guess the 'damages' cost is what we're arguing then? 

RS2002

patient_dream said:

RS2002 said:

Apologies for coming back with more questions this late in the game. I've added the additional paragraph (suggested as the new paragraph '6') in to my defence, the one regarding the claimant adding fees/costs on top of the original figure.

I was just hoping for some clarification as to what I'm entering in to the 'INSERT FIGURE HERE' and 'INSERT DESCRIPTION HERE' sections. 

My Claim Form letter states a total amount payable of £295.00 (Amount claimed: £210.00 + £35.00 'Court Fee' + £50.00 'Legal Representative's Costs' = £295.00). 

The original PCN was for £100.00, but the letter doesn't seem to give a breakdown of how the figure has got from £100.00 to £210.00, even before the court/legal fees were added. 

Is it this £110.00 that has somewhere been added to the original £100.00 I'm mentioning in the new paragraph, or simply the court and legal fees? 

Hopefully it makes what I'm asking  Thanks as always.

As Bargepole has said ....

"The Department for Levelling Up, Housing and Communities ('DLUHC') has published, as of 7 February 2022, a statutory Code of Practice which all private parking Operators are required to comply with. This states, as Section 9, that 'The parking operator must not levy additional costs over and above the level of a parking charge or parking tariff as originally issued.'  In the present case, the Claimant has added a sum of [INSERT FIGURE HERE], described as '[INSERT DESCRIPTION HERE]', which is clearly contrary to the intention of the Code. Whilst it is accepted that the new statutory Code does not take full effect immediately, it clearly sets out the Government's intentions regarding private parking, and the Court is invited to strike out this element of the claim, irrespective of the determination of any other element."

[INSERT FIGURE HERE] ..... this is the amount they have added above the £100.  
Court and solicitors fees are normal and in your case, you are talking about £110 above the £100
Are they claiming interest ?

'[INSERT DESCRIPTION HERE]',,,, This is how they described the extra amount as a statement of truth

The parking operator must not levy additional costs over and above the level of a parking charge

Thanks for coming back to me

Just so i'm completely clear on this, the additional cost we're arguing is the £110.00?

The description of said costs would be 'damages'? As this is stated on the letter in some of the smaller print. Interest is mentioned as well, but I understand this is acceptable along with the court and legal fees?