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FightBack Forums > Queries > Council Parking Tickets & Clamping and Decriminalised Notices
parkinglad
Hi all,

Issued with a private PCN in December from VCS, up to Roxburghe letters now ooh scary stuff. Anyway, I know that these companies taking peoole to court is very rare, but apparently sometimes does happen. Obviously if it does go to court I will contest etc etc. However, I am due to move house in a couple of months, so my question is what would happen if court papers were served to an address I was no longer at? Obviously I wouldn't know anything of proceedings against me and wouldn't be able to put up a defence! Thoughts please?
kaspersky
Just redirect your mail through the royal mail to your new address, something you should be doing in any case
hcandersen
If you are receiving threatening letters, then why not think laterally - write to them and tell them your new address, and then ignore everything they send. Once you've notified them they cannot serve docs elsewhere.

HCA

parkinglad
Now I know this is all part of the PPC letter chain etc (VCS > Roxburghe > "Graham White"), but there seems to be a number of cases where PPCs are actually following up on their threats of legal action. I have responded to none of the letters that I may have received from these companies, and I have certainly not acknowledged being the driver of the vehicle to which I am RK. Graham White have wrote to me, as the RK of the vehicle, now threatening court proceedings to an amount over £350, the majority of this being court fees, admin charges and the like. Is there any news on the ongoing/recently completed court cases? I still have the "option" of settling the "debt" with Roxburghe, for a figure which is less than what it would cost me to defend myself in court (even if I was to win), opinions and advice please?
Glacier2
Continue to ignore. Do not buckle at this late stage.

Is this the first GW letter? There is normally 2 followed by a final letter from Roxburghe.
ManxRed
Contract law has not changed. They still don't have a legal case for these tickets.

It would cost you nothing to defend yourself in court, the whole point of small claims track is that it is informal and solicitors are not normally required, in fact claiming solicitors' costs is not generally allowed (Are they claiming that solicitor's costs make up some of their charges by any chance??).

You can pay it if you like, but you legally owe them zero.

If I write you letters threatening to take you to court, would you send me money?

Thought not.
parkinglad
Yeah this is the first GW letter, hopefully what you say is right and they will eventually go away!

The costs I'm referring to the court case costing me are in relation to having time off work and travel etc. The GW letter states charges of:
Claim issue fee
Solicitors costs for issuing claim
Judgment (sic) costs
Warrant issue fee
Solicitors cost for issuing warrant
Totalling over £200.
ManxRed
QUOTE (parkinglad @ Tue, 3 May 2011 - 18:31) *
Yeah this is the first GW letter, hopefully what you say is right and they will eventually go away!

The costs I'm referring to the court case costing me are in relation to having time off work and travel etc. The GW letter states charges of:
Claim issue fee
Solicitors costs for issuing claim - cannot be claimed for under small claims
Judgment (sic) costs - errrm, what??
Warrant issue fee - what warrant? They have to win the court case first. Then you have to continue to refuse to pay up within 28 days. THEN they could apply for a warrant.
Solicitors cost for issuing warrant - See above
Totalling over £200.


Its all poorly made up crap.
parkinglad
If they do take me to court, what are the amounts that they can claim? After further inspection of the site of where my vehicle was "parked" (long story, probably irrelevant), the parking charge is £80 rising to £120 if not been paid within x amount of days, plus any fees from debt recovery or collection.
ManxRed
They can claim their actual losses as a result of you parking there (and breaching their contract terms).

How much was it to park there? Per hour, or per day or whatever.

Add on £2.50 for DVLA costs, plus the costs of a couple of envelopes and stamps. Say £5?

Plus the court claim fee.

So £5 plus the court claim fee plus their parking fees (and I'm not talking about their parking charges on the ticket).

£20???
parkinglad
It's a free to use car park on an entertainment complex, and I know the theory and logic behind your thinking, but in the recent cases that have gone to court, that's not what they've been attempting to claim. I use the word attempting because I don't know the state of the cases which have put forward recently.
Gan
That's a major reason why they don't usually risk court or they back down if the case is defended.

The claim has to be a reasonable estimate of their actual losses.

See this one :

http://forums.pepipoo.com/index.php?showtopic=9775
ManxRed
Its not so much 'theory and logic' but more what the law states.

I won't lie and say that there haven't been a few judgements in favour of the PPCs where either the case hasn't been put forward in a clear way, or the judge hasn't been au fait with contract law, but these are usually very very heavily outweighed by defeats or backdowns from the PPCs.

And these cases themselves represent a tiny proportion next to the amount of tickets that get doled out and ignored.
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