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Parking company County Court Claim 2 years after full payment!

13

Comments

  • devondiver
    devondiver Posts: 352 Forumite
    Part of the Furniture 100 Posts Photogenic Name Dropper
    Decent! They paid her £650?!
    – Thereabouts – yes. Done and dusted. But I think they got off lightly.


    Could you show how the Defendant pleaded the Counterclaim in a reply here please? 

    - As mentioned previously - my daughter did retain the expert services of @bargepole who did a brilliant job and is far better able to comment on the specifics than am I. However, my daughter’s counterclaim ran to many pages and, as I understand it, was basically a claim for damages under the PHA (Protection from Harassment Act 1997) citing the anxiety, stress and inconvenience experienced over a prolonged period.

    As such, this case differs from typical PCN cases in that the originally claimed amount of £162 had actually been paid early on and the case for non-payment was brought by UK Parking Control Limited purely, I believe, as a result of administrative incompetence by them and their agents.

    Completely unconnected – but as a matter of interest, both myself and my son recently received PCNs from Civil Enforcement Ltd for parking in a busy private car park owned by a local golf club. On both occasions I emailed the landowner stating that I suspected the PCNs had been issued erroneously and unfairly probably as a result of the payment machine and/or the telephone payment system malfunctioning. The reply of the parking company (called Creative Carpark Ltd – you really couldn’t make it up could you!) to the landowner, and copied to me, is as follows – repeated verbatim:

    Please accept my sincerest apologies for any inconvenience this may have caused.

    I can confirm ALL PCNs issued during this period have been cancelled today, the registered keepers will receive a confirmation by post.

    All departments involved have been made aware that should any payment machine issues arise I’m to be made aware to then advise you.

    The site will be disabled to ensure no PCNs are issued during this period.

    I will ensure a blackout is added for the period the payment machine is down and will notify you about any engineer visits booked the engineers have been made aware that they must make their present aware once on site.

    As I see it – the fact that numerous PCNs were erroneously issued, coupled with the standard of English and the ironic company name, is wholly indicative of the deplorable level of incompetence with which we seem to be routinely faced in the world of cowboy parking companies. So I shall be following the above-mentioned thread and contributing if I can.


    I'd rather be a disappointed optimist than a self-satisfied pessimist
  • B789
    B789 Posts: 3,441 Forumite
    Fifth Anniversary 1,000 Posts Name Dropper Photogenic
    I think you will find that a suitable title for these rogue scammers is"intellectually malnourished". That applies to both the company and the individuals who work there. 
  • Coupon-mad
    Coupon-mad Posts: 152,788 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    That is great!

    Power to your elbow!

    Completely unconnected – but as a matter of interest, both myself and my son recently received PCNs from Civil Enforcement Ltd for parking in a busy private car park owned by a local golf club. 
    Could you tell us the street name, golf club name and/or postcode of the car park, so we can advise other people if they get a court claim about that site?

    Sounds like an ongoing issue.  Could well have happened before. 
    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
  • devondiver
    devondiver Posts: 352 Forumite
    Part of the Furniture 100 Posts Photogenic Name Dropper
    Could you tell us the street name, golf club name and/or postcode of the car park, so we can advise other people if they get a court claim about that site?

    Hmmm - not sure. The place is very local to me and I grew up there. But I think the principle - of first contacting the landowner - applies wherever it is. Especially in a Devon beach car park close to a golf club.
    I'd rather be a disappointed optimist than a self-satisfied pessimist
  • devondiver
    devondiver Posts: 352 Forumite
    Part of the Furniture 100 Posts Photogenic Name Dropper
    B789 said:
    I think you will find that a suitable title for these rogue scammers is"intellectually malnourished". That applies to both the company and the individuals who work there. 

    I'm sure there are a myriad apt descriptions - but what it comes down to is that they are, well, -scammers; and that's what scammers do - in their position near the bottom of the food chain. But only as long as we, the public, permit it.

    The problem surely is the currently ineffective system of governance and the patent failure of the relevant authority/ies  to ensure the policing and enforcement of even that ineffective system. Handing out licences to cowboy outfits to extort money from the most vulnerable in society can only create bad karma.

    The answer surely lies in the ballot box. Step forward the aspiring champions of the parking public!
    I'd rather be a disappointed optimist than a self-satisfied pessimist
  • KeithP
    KeithP Posts: 41,296 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    devondiver said:
    Step forward the aspiring champions of the parking public!
    Already happened/happening.

    Please re-read @Coupon-mad's post of 12 July at 4:19PM on your thread.   ;)
  • devondiver
    devondiver Posts: 352 Forumite
    Part of the Furniture 100 Posts Photogenic Name Dropper
    Yes, thanks KeithP - I am following that. I was rather referring to some present or aspiring MP/minister or some-such who might be prepared to take up the cause and earn some kudos and more.
    I'd rather be a disappointed optimist than a self-satisfied pessimist
  • B789
    B789 Posts: 3,441 Forumite
    Fifth Anniversary 1,000 Posts Name Dropper Photogenic
    Yes, thanks KeithP - I am following that. I was rather referring to some present or aspiring MP/minister or some-such who might be prepared to take up the cause and earn some kudos and more.
    As Sir Greg Knight MP has been doing
  • Coupon-mad
    Coupon-mad Posts: 152,788 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Yes, thanks KeithP - I am following that. I was rather referring to some present or aspiring MP/minister or some-such who might be prepared to take up the cause and earn some kudos and more.
    It's not needed. That cause has already been pursued.  Robustly!

    We are waaaay further down the line than that and whatever your politics, take it from me that the DLUHC are doing their darnedest to do justice to Sir Greg Knight's Act and 'complete the Code' as soon as they can.

    Update due very soon.
    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
  • devondiver
    devondiver Posts: 352 Forumite
    Part of the Furniture 100 Posts Photogenic Name Dropper
    Yes, thanks KeithP - I am following that. I was rather referring to some present or aspiring MP/minister or some-such who might be prepared to take up the cause and earn some kudos and more.
    It's not needed. That cause has already been pursued.  Robustly!

    We are waaaay further down the line than that and whatever your politics, take it from me that the DLUHC are doing their darnedest to do justice to Sir Greg Knight's Act and 'complete the Code' as soon as they can.

    Update due very soon.

    That's very good to hear. Is it widely publicised? (-or am I living in a cave?) Are there banner headline links on here to this information? 
    I'd rather be a disappointed optimist than a self-satisfied pessimist
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