IMPORTANT: Please make sure your posts do not contain any personally identifiable information (both your own and that of others). When uploading images, please take care that you have redacted all personal information including number plates, reference numbers and QR codes (which may reveal vehicle information when scanned).
📨 Have you signed up to the Forum's new Email Digest yet? Get a selection of trending threads sent straight to your inbox daily, weekly or monthly!

Lost court battle - Huge payment now inflicted

2»

Comments

  • Coupon-mad
    Coupon-mad Posts: 153,591 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 6 July 2022 at 1:57PM
    I today represented myself in court against a parking cowboy firm (name redacted).

    I followed the advice on here to the letter. The judge ripped all of the arguments apart and found in the claimants favour. I am now obliged to pay a huge amount. Its not an exaggeration to say it will probably make me bankrupt. Sad day. 
    I'm surprised an earlier poster said the forum let you down, given it looks like you didn't post for help with your case and didn't show us the signs (to check how clear they were) nor the NTKs (to check if they were POFA or not).

    If they were POFA NTKs then you'll know from the forum that you can be held liable (so saying you were not driving wasn't a defence).

    And if the signs were clear and prominent, then most Judges would decide they are capable of forming a contract.  POPLA might have taken a different view, given their interest in looking how large the £100 text is (which a Judge might not).

    So an appeal might have seen these off. That is what the forum advice says.

    Judges particularly take a dim view of people ignoring PCNs - again, ignoring is not advised by this forum.

    Not sure if that happened in your case, or why the Judge thought they could layer on fake £70 DRA fees that were not specified on the signs and never incurred by UKPC. And why allow five lots of £70 given it was one alleged debt? Makes no fair sense.

    Very rarely do Judges not get the fairness and other arguments against the added £70 fakery.

    Do get your revenge this Summer because £100 for an overstay is extortionate. It's horrible being pursued for £100 for no reason, by an ex-clamper aggressive firm, isn't it? I am sorry you lost your case.

    If you are not likely to pop back here every week to check, please set up email alerts for this forum and bookmark this thread (below) as we intend that one of us posts on it when the Government opens the Consultation:
    https://forums.moneysavingexpert.com/discussion/6333989/mse-parking-ticket-appeals-guide-feedback#latest

    We need to stop the rotten industry from blocking and riding roughshod over the new statutory Code and the charge levels and basically bullying all motorists by using the Government for leverage.


    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • lisyloo
    lisyloo Posts: 30,094 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    lisyloo said:
    Yes she’s selfish.
    8 minutes ok, 80 minutes is definitely parking and she’s selfish and inconsiderate - very if it’s going to bankrupt you.

    did they all come At once? Or is she so selfish she ignored 1, 2, 3 & 4 in which case get divorced whilst you at it.

    thats not your fault but surely at some point before you got to court you understood your liabilities as registered keeper and the risks of going to court, taking Advice from strangers and representing yourself? especially if £1200 will bankrupt you.

    I’m sorry the forum advice let you down.

    for the benefit of others and perhaps yourself when you start again ive got this legal policy from which I’d expect to get professional advice (£15 per year)
    https://www.rac.co.uk/insurance/legal-expenses-insurance

    They all came at once from DCB legal. Im actually quite relaxed about the whole thing now ive had an hour to think about it all as ultimately I have nothing to lose in bankruptcy. If i have nothing, they cant take it. I will have to pay approx £660 bankruptcy fee but I get a fresh start and the cowboys have failed in that they have spent a lot of time and effort and will receive nothing. Mcdonalds will lose as I will never set foot in one again (in fact my health will thank me). Time for reflection and learning methinks.
    I’m not an expert on it but I would suggest you get some advice.
    it may not be true to say there’s no downside to bankruptcy.
    It will certainly affect your credit record, might affect employment prospects (certainly in some careers) and might affect you when looking for future accommodation.
    i don’t know all the details, but I’d suggest you get informed.
  • Snakes_Belly
    Snakes_Belly Posts: 3,704 Forumite
    Seventh Anniversary 1,000 Posts Photogenic Name Dropper
    lisyloo said:
    lisyloo said:
    Yes she’s selfish.
    8 minutes ok, 80 minutes is definitely parking and she’s selfish and inconsiderate - very if it’s going to bankrupt you.

    did they all come At once? Or is she so selfish she ignored 1, 2, 3 & 4 in which case get divorced whilst you at it.

    thats not your fault but surely at some point before you got to court you understood your liabilities as registered keeper and the risks of going to court, taking Advice from strangers and representing yourself? especially if £1200 will bankrupt you.

    I’m sorry the forum advice let you down.

    for the benefit of others and perhaps yourself when you start again ive got this legal policy from which I’d expect to get professional advice (£15 per year)
    https://www.rac.co.uk/insurance/legal-expenses-insurance

    They all came at once from DCB legal. Im actually quite relaxed about the whole thing now ive had an hour to think about it all as ultimately I have nothing to lose in bankruptcy. If i have nothing, they cant take it. I will have to pay approx £660 bankruptcy fee but I get a fresh start and the cowboys have failed in that they have spent a lot of time and effort and will receive nothing. Mcdonalds will lose as I will never set foot in one again (in fact my health will thank me). Time for reflection and learning methinks.
    I’m not an expert on it but I would suggest you get some advice.
    it may not be true to say there’s no downside to bankruptcy.
    It will certainly affect your credit record, might affect employment prospects (certainly in some careers) and might affect you when looking for future accommodation.
    i don’t know all the details, but I’d suggest you get informed.
    If you rent though an estate agent they will undertake a credit register search.

    Nolite te bast--des carborundorum.
  • lisyloo said:
    lisyloo said:
    Yes she’s selfish.
    8 minutes ok, 80 minutes is definitely parking and she’s selfish and inconsiderate - very if it’s going to bankrupt you.

    did they all come At once? Or is she so selfish she ignored 1, 2, 3 & 4 in which case get divorced whilst you at it.

    thats not your fault but surely at some point before you got to court you understood your liabilities as registered keeper and the risks of going to court, taking Advice from strangers and representing yourself? especially if £1200 will bankrupt you.

    I’m sorry the forum advice let you down.

    for the benefit of others and perhaps yourself when you start again ive got this legal policy from which I’d expect to get professional advice (£15 per year)
    https://www.rac.co.uk/insurance/legal-expenses-insurance

    They all came at once from DCB legal. Im actually quite relaxed about the whole thing now ive had an hour to think about it all as ultimately I have nothing to lose in bankruptcy. If i have nothing, they cant take it. I will have to pay approx £660 bankruptcy fee but I get a fresh start and the cowboys have failed in that they have spent a lot of time and effort and will receive nothing. Mcdonalds will lose as I will never set foot in one again (in fact my health will thank me). Time for reflection and learning methinks.
    I’m not an expert on it but I would suggest you get some advice.
    it may not be true to say there’s no downside to bankruptcy.
    It will certainly affect your credit record, might affect employment prospects (certainly in some careers) and might affect you when looking for future accommodation.
    i don’t know all the details, but I’d suggest you get informed.
    If you rent though an estate agent they will undertake a credit register search.

    Doesn't affect me. Rent through the council and bankruptcy doesnt affect social housing and dont want to move anyway. Work part-time 16 hours, topped up by benefits and its not an issue there. Not interested in getting any form of credit any more, I dont have credit cards or credit so it wont affect me. Ive removed myself from that type of lifestyle. Theyve lost !
  • Coupon-mad
    Coupon-mad Posts: 153,591 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 6 July 2022 at 5:01PM
    As long as you act quickly, because for £1200 they could use HCEOs and come knocking next month.

    Don't forget the Public Consultation.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • Grizebeck
    Grizebeck Posts: 3,967 Forumite
    1,000 Posts Second Anniversary Name Dropper Photogenic
    A very unhappy bunny
  • Half_way
    Half_way Posts: 7,493 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    There could be the option of an appeal, however some more information regarding signage PoFA adherence etc will be required.
     If going down the PoFA compliance route its critical that the drivers ID is not guessed at or hinted at.
      The OP has already used a bad word with regards to that - She so there could be more issues there with regards to that line of defence
    From the Plain Language Commission:

    "The BPA has surely become one of the most socially dangerous organisations in the UK"
  • Fruitcake
    Fruitcake Posts: 59,467 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 6 July 2022 at 8:44PM
    KeithP, please don't let this get personal. We cannot afford to lose any more regulars.
    I married my cousin. I had to...
    I don't have a sister. :D
    All my screwdrivers are cordless.
    "You're Safety Is My Primary Concern Dear" - Laks
  • Fruitcake said:
    KeithP, please don't let this get personal. We cannot afford to lose any more regulars.

    He's clearly an uneducated fool and a keyboard warrior. His type always get their just desserts one way or another. Leave it to Karma.
  • Grizebeck said:
    A very unhappy bunny

    I tried my very best to take on the unjust system because I believed it to be unfair and disproportionate. I failed, but don't regret trying. What's upset me more is the judgemental abuse on here from KeithP. Totally uncalled for. I am grateful to anyone that gave their time to help but there's no need for that. Ive asked for my account to be deleted and reported the posts to the admin. Thats me done here now. I shall gracefully bow out with dignity.
Meet your Ambassadors

🚀 Getting Started

Hi new member!

Our Getting Started Guide will help you get the most out of the Forum

Categories

  • All Categories
  • 351.4K Banking & Borrowing
  • 253.3K Reduce Debt & Boost Income
  • 453.8K Spending & Discounts
  • 244.4K Work, Benefits & Business
  • 599.7K Mortgages, Homes & Bills
  • 177.2K Life & Family
  • 258K Travel & Transport
  • 1.5M Hobbies & Leisure
  • 16.2K Discuss & Feedback
  • 37.6K Read-Only Boards

Is this how you want to be seen?

We see you are using a default avatar. It takes only a few seconds to pick a picture.