Hi from a new member and hope someone can help

[MollyZ]

Hi there,
This is my first post. I hope someone can help me and I hope I will be able to offer help in the future too.

My issue is to do with a parking fine for which I ended with a CCJ in default. Under the circumstances it was best to pay up but it was suggested that I could make a claim to the parking company for the excess amount over and above a reasonable fine (originally a £60 ticket which ended up costing me £280).
It was also suggested to I send them a SAR - more to cause them hassle than anything else.

I was wondering if anyone has experience of any of this.
I'd appreciate any thoughts/advice.
Thanks in advance.

[charitynjw]

Hi MollyZ & welcome to LB.

What happened?
Did you just ignore/forget about this, or was the N1 court claim sent to a previous address?

[MollyZ]

I was off travelling when the court forms came and it was too late by the time I returned and worked my way through the mountains of letters that were awaiting me. In any case it was my fault and after assessing everything and taking into account the stress and cost that would be involved in appealing, I decided to pay up. It was painful though.

[charitynjw]

I was off travelling when the court forms came and it was too late by the time I returned and worked my way through the mountains of letters that were awaiting me. In any case it was my fault and after assessing everything and taking into account the stress and cost that would be involved in appealing, I decided to pay up. It was painful though.

Ah!

I believe that if you've paid the CCJ, that's tantamount to an admission that you were in the wrong.

Probably best to draw a line under it.

I'll give Amethyst a nudge, see what she thinks.

[MollyZ]

Well that would kind of let me off the hook as I don't relish the effort! However, if there was anything I could do to help the cause against these parking people I felt I should do it and it had been suggested on another forum that even in this situation one should send a SAR and complain to their MP and even try and claim this excess. It's free and this link was posted,
https://www.rocketlawyer.co.uk/documents-and-forms/letter-before-action.rlm?msclkid=8cba15ae78161a941bbb493519dbd85 0&utm_source=bing&utm_medium=cpc&utm_campaign=BS N% 20-%20Letter%20before%20action&utm_term=free%20letter %20before%20action&utm_content=Exact%20-%20Letter%20before%20action

[charitynjw]

Well that would kind of let me off the hook as I don't relish the effort! However, if there was anything I could do to help the cause against these parking people I felt I should do it and it had been suggested on another forum that even in this situation one should send a SAR and complain to their MP and even try and claim this excess. It's free and this link was posted,
https://www.rocketlawyer.co.uk/documents-and-forms/letter-before-action.rlm?msclkid=8cba15ae78161a941bbb493519dbd85 0&utm_source=bing&utm_medium=cpc&utm_campaign=BS N% 20-%20Letter%20before%20action&utm_term=free%20letter %20before%20action&utm_content=Exact%20-%20Letter%20before%20action

Actually something is being done.
Sir Greg Knight has pushed a Private Member's Bill through Parliament (with i believe 100% support from both sides of the Commons & from the Lords.
It has been given the Royal Assent & is now an Act of Parliament.
http://www.legislation.gov.uk/ukpga/...acted/data.htm

A new, truly independent, Code of Practice is being thrashed out as we speak.

[MollyZ]

Well that's good news. I'll have a read and thanks for responding to my post.

[Amethyst]

Did you pay the judgment within a month of it being awarded against you ? ( does the judgment show on your credit file ?)

that link is to a general letter before action - I don't know on what grounds you'd make a claim for the 'excess'? ( there's the parking charge of £100 then at least the court fee of £25 and solicitors /debt collection costs - have this other forum said exactly what you'd try to reclaim ? And have they said how you'd do it with a new letter before action when the case has a judgment against you ( albeit in default )?

To be be able to defend the additional fees added you would need to set aside the original default judgment, then defend the case ( potentially you could counterclaim but I'm not sure on what basis )

A Subject Access request is free - so you could do that if you wanted to. Not sure what your MP would do other than keep pushing for changes in the law.
A court claim against the parking company ( or a counterclaim - or a set aside app for that matter ) wouldn't be free. The set aside application would cost you £255 plus attendance at a hearing and no guarantee of winning - particularly as you paid it and the claim did come to the right address originally. I don't know if you had received the original parking charge notice before you went on your travels ?

basically - in my opinion - if you paid it within a month of the judgment and it's not affecting your credit file I would definitely draw a line under it and leave well alone. Otherwise more info is needed to consider your options.

[MollyZ]

Hi Amethyst, I did pay the CCJ within the 30 days and I got confirmation from the court that it wouldn't be registered.
I thought all the same things you mentioned regarding trying to claim this excess. I couldn't see how it would work but it didn't involved going to court otherwise there would be all those fees of course. However, without going to court why would they give back any money?

The contributor's comment which preceded that link was:
"Had you contested the claim in court and lost the most likely to have been awarded is £175 - £200. The rest, probably debt collectors/administration costs are not legitimate. You could make a claim against them for the excess, it costs nothing, and you have six years to follow up."

This made sense but when I got to the link I just got confused.

Anyway I think I should just let it be now. I may send the SAR as I have written it but to be honest I'm not sure I want to open up any further dialogue with those people, I'd like to just forget them

[charitynjw]

I think what was being referred to is that the Protection of Freedoms Act 2012 Schedule 4 forbids adding 'extras' to the figure quoted on the notice to keeper.

If there is a court claim, a token amount for the legal rep, the cost of the court application & a bit of interest is the norm to be added, as these are seperate from the parking charge.

[MollyZ]

Yes that sounds about right. But how would you make a claim against them other than in court? That's the bit I didn't understand. Also I couldn't see how the info at the link would assist. Anyway I think I can safely let this go (?)

[charitynjw]

Yes that sounds about right. But how would you make a claim against them other than in court? That's the bit I didn't understand. Also I couldn't see how the info at the link would assist. Anyway I think I can safely let this go (?)

No.
You just direct the judge to the appropriate section of PoFA & he/she lops it off the Claimant's claim.

Sch 4 para 4

(5) The maximum sum which may be recovered from the keeper by virtue of the right conferred by this paragraph is the amount specified in the notice to keeper under paragraph 8(2)(c) or (d) or, as the case may be, 9(2)(d) (less any payments towards the unpaid parking charges which are received after the time so specified).

(6) Nothing in this paragraph affects any other remedy the creditor may have against the keeper of the vehicle or any other person in respect of any unpaid parking charges (but this is not to be read as permitting double recovery).

http://www.legislation.gov.uk/ukpga/...dule/4/enacted

[MollyZ]

Right but all that is while one is still in court. I mean that now all that has passed and I already have the CCJ surely I would have to go back to the court or make some sort of application to the court to get the amount amended? I'm sure just by writing to the parking company they would refuse. Sorry if I'm being slow here.

[charitynjw]

Right but all that is while one is still in court. I mean that now all that has passed and I already have the CCJ surely I would have to go back to the court or make some sort of application to the court to get the amount amended? I'm sure just by writing to the parking company they would refuse. Sorry if I'm being slow here.

I fear you are correct.
As you've already paid the full amount of the CCJ, imho it would be very difficult to try & reclaim anything.
It costs £255 for an application, which I reckon wouldn't succeed anyway.
From what I've seen, the court would take the view that "You had your chance & you've blown it!"
But that's just my take on it.

[MollyZ]

Exactly. The person who posted that advice re putting in this claim after the event (via the Rocketlawyer.co.uk website) did seem to be quite a seasoned expert on the website otherwise I wouldn't even have looked into it.
After this exchange on legalbeagles I do feel reassured and I will draw a line under this now. I'm really grateful to you CHARITYNJW for taking the time... Thanks so much.