Breaking News: Government has announced the statutory Code of Practice, and Enforcement Framework

patient_dream

BP, I asked yesterday your opinion on this

This is great news ....  in your opinion if the legals don't back off before court, how would you address a judge about the fakes being banned

I understand what coupon has said regarding letters before claim and telling the legals that the fake is banned and why have they added them.

And now, I assume that any legal adding a banned amount and signing a statement of truth would be in contempt

This would help newbies

bargepole

This is the suggested paragraph I posted on another thread earlier this week:

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.

ihatetrump

@patient_dream

This would help newbies

Not just the newbies, but the oldies also!!!!. Sadly I recently lost my case where £130 of the overall £268 award was £60 initial costs and then a further £70 of 'fake' costs. I was unfortunate in having a judge who had not long been a District Judge and who's practice specialised in family law - I suspect that this may have been their first parking case.

Tapluk3

So fruitcake if my case reaches court on top of the £571.72 they are asking me to pay for 2 pcn's in 2016 what are you estimating i will have added on top of these charges, if anything please? 

Tapluk3

So, are the debt collection added on costs now banned? Or come into force in the near future? Thankyou

bargepole

Tapluk3 said:

So, are the debt collection added on costs now banned? Or come into force in the near future? Thankyou

They don't officially come into force until Parliament has approved the Code as a Statutory Instrument, with a commencement date, probably late 2023.

However, most Judges already disallow the added debt recovery costs, and my suggested paragraph simply adds a more persuasive reason for them to do so.

Tapluk3

Thankyou for that Bargepole, although it is sad to see it did not work for ihatetrump above

Averagestrawb

Looks like the PPCs have taken the decision in good faith then by trawling the forums and trying to get everyone banned. The toys are leaving the pram but the horse bolted days ago lol. The more time they spend howling at the moon the better. The good ones will get on with business and the bad ones will slowly die away :-)

Jenni_D

Tapluk3 said:

So fruitcake if my case reaches court on top of the £571.72 they are asking me to pay for 2 pcn's in 2016 what are you estimating i will have added on top of these charges, if anything please? 

The particulars of claim should break down how that amount was reached. I imagine it is in relation to 3 (?) PCNs of £100 each (not 2), and the claim breaks down as follows:

3x PCNs £100 + £60 "debt recovery" = £480
Court filing fee £35
Solicitor cost £50
Interest charges

So their claim already includes the added costs which were not actually incurred, and which the new CoP bans.

Note: I can't see how 2x PCNs leads to a claim of over £570.

ihatetrump

Averagestrawb said:

Looks like the PPCs have taken the decision in good faith then by trawling the forums and trying to get everyone banned. The toys are leaving the pram but the horse bolted days ago lol. The more time they spend howling at the moon the better. The good ones will get on with business and the bad ones will slowly die away :-)

Welcome back! (nice one  )

If the vindictive PPC's haven't got anything better to do with their time than trawl forums trying to get people banned, then at least they're not out there slapping more PCN's on unsuspecting motorists.

Revenge is a dish best served cold, and the PPC's have had this coming to them for a very long long time, thanks be to @Coupon-madand @bargepole for leading the charge (no pun intended!).