Desperately looking for some advice

Coupon-mad

But you don't need to pay this at all.  We can't recommend you add a non-debt (a scam) to your DMP.

If you follow our advice you will not get a CCJ.

We know how to defend claims and 99% of people who fully follow our advice, pay nothing at all.

D_P_Dance

You owe the PPC nothing unless a judge says so. Have you complained to your MP? 

Kimmyl

Thank you for the replies.

I suppose I just don’t have a clue and don’t feel confident with the whole court scenario, I overthink situations and Stepchange told me I can add it to the dmp and thought it would be easy for me to put it to bed but I still can’t justify paying the charge. You’re all right I just need to grow a bit more of a backbone. I will continue reading through the sticky it’s just so much to process whilst looking after three children!!

D_P_Dance

It is a lot of work, but beating the scammers can be a huge boost to morale.  

go-on-then

99 % of people that come on this site for help know nothing about the private parking game so you are not alone in that respect.

You are also not alone in fighting this,  experts on here have been doing this for years so as long as you do what is asked you will be fine and will keep your money where it belongs, in your pocket.  It does get easier as you go along,  please read as much as you can when you can.  Look on this forum for  'Another one bites the dust '

Coupon-mad

Bear in mind almost no-one who gets a court claim from a PPC physically has to go to court.  

Most hearings are by phone and maybe half the cases we help defend, are discontinued by the parking firms.  No hearing.  Scam over.

Tiredofparkingfine

At what point are they discontinued? 
When do we find out? On the day of the hearing? On the call?

Umkomaas

Tiredofparkingfine said:

At what point are they discontinued? 
When do we find out? On the day of the hearing? On the call?

Any of the above. Generally speaking a few weeks before, but we've seen discontinuations at any time right up to the hearing. If the PPC discontinues within 7 days of the hearing, it leaves them potentially liable for the Defendant's costs.  

BelladonnaTook

Le_Kirk said:

On 24th February you posted that you were going to fight this but now you seem to setting yourself up to add an extra amount of money to a DMP (presume that is a debt management plan?) Why?  If you have read the NEWBIE sticky you will know that the only way you can get a CCJ is if you go to court, lose and fail to pay within the deadline set by the judge.  The Government has introduced a new code of practice (7th February 2022) which prevents PPCs from trying to add "debt management" or "admin" fees to parking charges.  Whilst it is not quite law, it is a persuasive argument in court.  Read this thread - 7 February at 7:42AM 
At the moment the maximum (if you lose) is the original charge plus filing fee, hearing fee and, in some circumstances, legal costs. 

This bit - "At the moment the maximum (if you lose) is the original charge plus filing fee, hearing fee and, in some circumstances, legal costs." - 

 Please could you clarify, "in some circumstances, legal costs"?
What circumstances?

The PCN/NTK from VCS that arrived last August demanded £100.

This became £160 by September.

Then an LBC in October stated that if it went to court the amount payable would be £185 (£160 plus court fee of £25) plus interest at 8%pa

Then the PoC via Elms in January this year stated that it would be £245 (£160 plus £35 court fee plus legal costs of £50).

In March, VCS in a letter saying Elms were no longer acting for them, they stated they were "willing to accept a reduced settlement charge of £185.00".

Last week, they wrote again, boasting that they had a "very strong case" but as they were mindful of ADR, they would "accept a "reduced settlement charge of £192.50".
?
Should I "fail to accept" their "offer of settlement", they would seek £465 (the amount on the claim form, £245 plus further costs of £220 for a local solicitor to attend on their behalf"

So, although I think I have a very strong case against THEM, if I'm unlucky enough to have a dodgy judge deal with it, does it mean I will have to pay at least £410, even if the judge takes off the £60 they added in September?

Surely that cannot be right?

Umkomaas

In the small claims court, legal costs are capped at £50. The only time higher legal costs potentially come into play is if the Defendant exhibits unreasonable behaviour in dealing with the claim/court - like not turning up for the hearing.  Not going to happen.