County court proceedings

Ladylaine

Hi I hope someone will be able to advise.
I parked in a Tesco express car park in December 2019, I had my disabled dad with me so parked in the disabled bay as he had trouble walking and with his balance. I displayed the blue badge, but when we came back about 5 mins later it was on the floor of the car. He had obviously knocked it down while getting out of the car. I then received a parking ticket letter about 2 weeks later, I sent a letter to appeal it and was told it was not acceptable, I then sent a copy of the blue badge a letter from my dad and appealed again. I heard nothing further and assumed it was ok. 2 weeks ago I received a letter from a solicitor saying they were taking me to county court unless I paid £170 unfortunately I lost my dad in 2020, so am unable to get any further evidence from him and am really angry that I have been penalised. But also not sure what to do now.

Trainerman

First thing I would do is contact Tesco and complain about how their loyal customers are treated. Tell them that if every visit comes with this parking surcharge you and your family can go elsewhere.You may well get them to cancel it.

Regardless of what the so called solicitor is saying to you, I feel that this would be a very hard win for them in Court, given that you sent a copy of the blue badge. Do you still have your own file copies of the letters/emails exchanged?

It sounds like they have added the usual £70 'double recovery', which the recently announced new Government code of practice effectively outlaws, and I think it will become ever more difficult for them to even try this,

Read the Newbies and get up to speed on what you need to know

D_P_Dance

Have you read the newbies and complain to your MP?  Have you read this?

https://www.equalityhumanrights.com/en/equality-act/protected-characteristics

hsv they complied?  do mnot pay them one penny unless a judge says so, they are trying to scam you.  Also read this

They have added what appears to be an extra unlawful amount for debt collection.

This amounts to double recovery and Judges all over the country are dismissing these spurious additions. Indeed some judges have dismissed entire claims because of this. Read this and complain to Trading Standards and 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 Excel v Wilkinson.pdf?dl=0

However, 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

Also this,

"Abuse of process – the quantum

13. In addition to the disputed Parking Charge Notice claim amount of £100, the Claimant has added a sum of £60 that is disingenuously described variously as 'debt collection costs', ‘additional charges levied to cover the cost of recovery’, ‘additional administration costs’, ‘debt recovery costs’, ‘initial legal costs’ and ‘recovery costs’. The added £60 constitutes double recovery and the court is invited to find the quantum claimed is false and an abuse of process as was found by District Judge Claire Jackson (now HHJ Jackson, a Specialist Civil Circuit Judge) in Excel vs Wilkinson: G4QZ465V, a similar case in which £60 had been added to a parking charge, heard in July 2020 (the transcript of which is exhibit XX-04). The Judge concluded that such claims are proceedings with 'an improper collateral purpose'. Leave to appeal was refused and that route was not pursued."

Also consider complaining to The SRA about the solicitor, if one is involved They are fully aware of the unlawful nature of most of thse additions yet persist in adding them..

https://www.sra.org.uk/consumers/problems/

Fruitcake

That's good advice from Trainerman.

What is the name of the PPC please?
Where did the alleged event occur? It may have cropped up on this site before.

Complain to the store manager and CEO. Include your clubcard number or copies of redacted receipts to prove you are a genuine and were loyal up the point where you received an unfair parking charge from an unregulated private parking company. Point out that MPs across all parties have called these companies rogues, scammers, and bloodsuckers.
Complain to your MP, and tell the story to local and national press as well. Leave negative feedback on the store's website if this is not resolved.

Read the guide to court written by bargepole that you will find in the second post of the NEWBIES.

Get pics of the site and signage, and use google streetview (GSV) to see if there are any historic images that might be useful.

Ladylaine

Hi guys many thanks for all your advice I am in process of doing all of this. Should I notify Gladstones of what I am doing ? As they said they will be applying to court on 1st March.

Trainerman

Hold on a moment. Was the letter from Gladstones labelled Letter of Claim or Letter before Claim and giving you 30 days under the pre action protocol OR was it a standard debt collector threatogram ? If the latter, nothing to be concerned with. Can you post in on here, after redacting any personal information?

Edit to say.... still carry on with chasing Tesco etc, but if it is a threatogram, don't let it get to you

Ladylaine

Hi Trainerman,
thank you for replying. It is a letter before claim, but it is dated 1st February but I didn’t get it till just over a week ago. I have attached a copy of the letter. I am also in process of writing to manager at Tesco.

Trainerman

Right then. Follow the Newbies. SAR to the PPC and 30 day debt hold to Gladstones. Note that they are still trying it on for the fake £70. After the publication of the new Government code of practice, they will find it ever harder to make that one fly.

 As a side note, is it not interesting how often the LBC arrives a long time after it should ??? I am wondering about trying to get some statistics together on this

Ladylaine

Hi trainerman,
sorry to be a bother 🤦‍♀️ Where do I find the Newbies SAR please.
I agree I have noticed a lot of people have been receiving these late.

Trainerman

If you look at the sticky thread at the top NEWBIES, then look at the second post it will tell you what to do. It is just under Pre action Claim. "If you have a letter before claim...... etc"  I have done one recently and made a point of BCC on the email to a friend so that I can prove sending and receipt

Ladylaine

Perfect many thanks for all your help 😊 will let you know how I get on