Help and advice needed Gladstone's response to LBC

1505grandad

 "Did CIS miss the memo?"  -  is that the parking company in your case?

I have a feeling that C-m may have been posting about her "in all good faith" reply?

Coupon-mad

I was talking about a reply I made this afternoon, (as I said) not weeks ago. but that version will do as long as you didn't copy 'CIS'.

I prefer the phrase about not acting in good faith.

D_P_Dance

By virtue of BPA Code of Practice ‘…a reasonable sum may be added for the debt recovery fees. This sum must not exceed £70’ 

Nonsense, 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."

Consider complaining to The SRA about the solicitor, They are fully aware of the unlawful nature of most of thse additions, which are nvariabky disallowed by the judge, yet persist in adding them..

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

Justicewanted

Thanks for your replies!

I currently have been sent three outstanding parking invoices 1505grandad.

One I genuinely do not recall (Defence sent  county court). One which could of been any one of three drivers which share the car.
This one the driver at the time went to find some change for the parking meter. Having just coming out of lockdown there were no shops open. This all happened within 10 minutes. The photo evidence from Gladstones shows they didn’t wait longer than 10 minutes for the driver to return. The car was parked less than 10 minutes.

There may be a case to defend there?

Coupon-mad

There is always a case to defend!

You and family drivers should look to stop using private car parks (I mean that as constructive advice). Apart from when shopping at a supermarket (when we always read the signs) us regulars avoid them and park on street, where you cannot get a secret PCN later by post, not for parking (except if in a bus lane or red route).

Personally I would NEVER use a private pay & display car park because you only get five poxy minutes to complete payment, counting from the moment you passed the entrance when still driving.