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Sunday 9 November 2014

Parking company taken to court by motorist

Several parking companies are currently being taken to court by motorists trying to recoup costs involved with fighting tickets which have had no validity. Although parking companies are keen to issue charges of £100 and upwards for minor transgressions such as being 1 minute late or parking slightly over a white line, they are not so keen to pay motorists when the parking company has been found to be in the wrong.

Some cases have now completed and it is clear the courts will award the motorist their costs in the right circumstances.

Here is a poem submitted to The Prankster regarding one such case completed recently.

Ssshh someone took a PPC to court
Because the PPC weren't being a sport

The PPC declined an appeal that had the right line
They tried to make out that it was a just fine

So the keeper reached out to rap their hand
He tried to make them understand
That what they were playing was a crime
And by continuing they were wasting his time

So he presented a PCN - a Personal Cost Notification
Of course a 50% off before the Popla negation
No word was heard and Popla appeal accepted
A full PCN was thus sent as expected

But the PPC continued to ignore
Until an MCOL for 1000 hit their floor

They were going to fight the claim
Of course the keeper had to play the game
One wrong step and all would be undone
After all they thought he could be outdone

5 months later at the 11th hour
....The keeper ready to devour
And to put forth a legal precedence
That would kill off any future PPC offense

...The PPC fully settled the claim!

Lesson: Do not allow bullies to continue their current behaviour!


If you want to claim money from the parking company, The Prankster suggests the following;

In your initial appeal, warn the parking company you will charge them if they do not cancel your ticket and force you to spend time and effort appealing to POPLA. Warn them that you will charge them if you win your POPLA appeal.

Tell them that your charge will be a contractual charge, and that they will be deemed to have accepted the contract by performance if they fail to cancel the charge.

Although in this case the parking companies had to fork out £1,000, The Prankster suggest a figure of £100 will have most chance of success in court.

The Prankster also warns that court action is always risky, and the chance of success will depend on you following court procedures correctly and getting the right judge. Success is not guaranteed - there have also been cases where the judge has ruled in favour of the parking company.

Happy Parking

The Parking Prankster

3 comments:

  1. Nice! I sense another Prankster guide approaching.

    ReplyDelete
  2. Any case references that can be used?

    ReplyDelete
  3. this may be of interest
    http://www.lawgazette.co.uk/law/benchmarks/costs-and-litigants-in-person/5038419.fullarticle

    ReplyDelete