SUCCESS DCB Legal Claim Form/Spring Parking

Johnersh

It's very simple:  judgment rate interest at 8% per annum on the full amount (/365 for the daily rate) for the late days until the date of the underpayment.  Then recalculated on the £10 shortfall until the date payment is ultimately made.

Much like the claim form (but calculated correctly). They owe more than £10...

paddyposh

Hi all. Still missing the outstanding £10. I know it's a small amount but my costs weren't much anyway and it's the principle...

They initially emailed asking for my bank details and stated they had been ordered to pay 67.50 by 23rd January 2025, and then after paying less I emailed them about this and they replied to say:

The advocate who attended the Hearing on our Client's behalf has provided the following comments: -

"The Judge stated that the Claimant is to pay a sum of £57.50. The breakdown was £47.50 which was for the half a day they had to take off work so only half of the £95.00 was awarded and then £10.00 was allowed for travel expenses."

"In view of the above, the correct amount of £57.50 has been paid to you. Any difference will be paid to you should the sealed Order from the Court state a different amount."

This is incorrect as travel was £20 making it £67.50 in total. I replied to them to say The amount of £57.50 is incorrect. In your initial email requesting my bank details you also stated £67.50. That is the amount the judge has ordered to be paid.

I am happy to add on judgment rate interest at 8% per annum on the full amoun until the underpayment is made, which will make it more than the £10

Please can this be paid today fully or I will also apply for a Warrant of Control via the court and request for the costs of recovery to be added to the total.

Not sure how to proceed now, as stated it's a small amount but more the principle after what they put me through for the past few years.

Would anyone be able to assist me in going back to them with any calculations etc? If that will even work emailing them or would I actually need to take a different route? The order has not come through yet from the court in the post.

h2g2

You probably can't say "pay today", but giving them a week is reasonable. 
Interest on £10 at 8% is about 4p per week. The maths is: PRINCIPLE ^ (1.08 * number_of_days_late / 365), although I don't know if the courts use a different system. I see a lot of "£x.xx per day" on claim forms.

Coupon-mad

I'd wait for the Order.

paddyposh

Thanks, yes I did think that too. Plus it would mean they would owe more the longer it takes presumably.

paddyposh

Just had email from DCB

We are now in receipt of the sealed Court Order, which confirms that costs of £67.50 were ordered.

Please accept our apologies for the error which was caused as a result of us being misinformed by the advocate attending on our Client's behalf.

We have arranged for our Accounts department to transfer the outstanding sum of £10.00 to you as a matter of urgency.

We trust this clarifies our position.

I think due to the amount and the fact it's 13 days, it is neglible money and I may as well leave it and be glad it's all done with.

LDast

If the payment is 13 days overdue, then the interest due is 3p. You could demand that be added, simply to mess with their feeble, intellectually malnourished minds. 

h2g2

On the other hand, 3p at minimum wage for someone under 18 (£6.40) pays for 22.5 seconds of work. So if it takes longer than 22.5 seconds, I can full well understand not bothering.

FWIW I calculate interest on £10 for 13 days to be 9.6p, which would get a whole 54 seconds of work from my underage-minimum-wage employees.

Coupon-mad

paddyposh said:

Had my day in court. When the usher called us through, he said to me this Judge really hates parking companies and laughed. No surprise Alan Vorland didn’t attend, it was just some other legal rep. The judge spoke about a bunch of things towards the claimant first, spending ages on the fact my car had what looked like a permit on display (think it may have been a parking permit from a hotel maybe but couldn't make it out) and after ages questioning the Claminant on the “poor” photos, asked me if it was a permit. I said I never had a permit, best not to lie. Judge then moved onto the period of time (observation time) and when the ticket was issued. The time was 3 minutes, less than the grace period at the time of 5 minutes.

80% of the way through I thought he was in my favour then a comment or two about grace not being free parking and also not acknowledging anything until court wasn’t a good look, so I started to think the opposite.

He then went onto the NTK and quoted a couple of paragraphs from POFA Schedule 4 (think it was points 8 and 9), that the NTK was essentially invalid as it didn’t mention the specified period of time the claim was for. Quick notes I took but believe it was 6.1b p9.2a requires mentions the need for a specified period. Ultimately, they couldn’t prove I was driving either.

 

He then asked me if I wanted to raise anything so I raised the fact the landowner agreement wasn’t signed by the landowner. He said “ah interesting, I didn’t spot that” and went on to check it after I pointed it out and how it contradicted their WS. Read it out to the claimant after I explained my points about validity, the claimant stuttered around words for a few mins and conceded it. Did bring up privity of contract and it being an agent in principal but the Judge waived it off and accepted what I said was valid.

 

I said I had other points to discuss too but prob no point and he agreed as that was enough. 

 

Case dismissed, costs (less than I wanted) awarded. 

Asked about next steps and he said go home and relax, you’ll get a letter in the post of this decision. Not sure how long that takes etc

Absolutely ecstatic! Thank you so much to those who have helped @Coupon-mad @1505grandad @Umkomaas @Pat_Burger @Gr1pr and others 

Glad you finally got all your costs!

Please find time this week/end to send an email response to this vital (renewed for 2025) Call for Evidence:

https://forums.moneysavingexpert.com/discussion/comment/81070874/#Comment_81070874

It closes next week.

PLEASE tell the CJC that parking firms MUST BE STOPPED from this abuse; they are using the Mediators to support scam court claims that no Judge will allow at a hearing.  Recount your experiences please. Attach a word document evidence sheet (the only format they accept).

PLEASE tell the CJC what parking firms are doing to consumers and bringing the county court service to its knees.

You are an important source of evidence to inform the CJC.  None of these inflated, greedy rubbish 'parking claim' cases should be waved through MCOL for a mere £35 without a second look by any human.

These firms are using MCOL and the free Mediator (handed to them in a plate to support claimants, which is horrifically unjust for victims of parking firms who feel bullied into settling) as a cheap form of intimidation and debt collection.

This isn't justice.  Why is HMCTS not just allowing this but positively enabling it? Rogue parking companies are ruining people's credit and clogging up the family courts with half a million utterly meritless parking claims per year. Causing 90% CCJs and with little or no intention of attending hearings.

It's got to stop. Please join us by responding this week to that Call for Evidence.

ta in advance