Excel v Wikinson will probably be countered using appeal cases such as OPS v Norma W, & Britannia v Semark-Jullien. Both cases were about whether the whole of the claim should have been struck out. It was decided that the add-on debt recovery charge should have been judged seperately to the original charge on the Notice(s).
In both appeal cases, it was decided that the issue shold be referred back to the lower courts.
It should be noted that the respective parking companies have not done this.
Read into that what you will; suffice to say there is no definitive judgment concerning this matter.
But the explanatory notes of the Protection of Freedoms Act 2012, Schedule 4, states:-
The creditor may not make a claim against the keeper of a vehicle for more than the amount of the unpaid parking related charges as they stood when the notice to the driver was issued (paragraph 4(5)).
https://www.legislation.gov.uk/ukpga...vision/5/1/3/3
In both appeal cases, it was decided that the issue shold be referred back to the lower courts.
It should be noted that the respective parking companies have not done this.
Read into that what you will; suffice to say there is no definitive judgment concerning this matter.
But the explanatory notes of the Protection of Freedoms Act 2012, Schedule 4, states:-
The creditor may not make a claim against the keeper of a vehicle for more than the amount of the unpaid parking related charges as they stood when the notice to the driver was issued (paragraph 4(5)).
https://www.legislation.gov.uk/ukpga...vision/5/1/3/3
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