Good morning all

[NorfolkBoi]

Good morning to you all. I was wondering if I could pick some brains please? Keeper received a Parking Charge for £100 which they flatly refused to pay and now the solicitors have refereed it to County Court. However they have sent a demand for payment that includes actual court costs, payment of which would avoid court action? Now if the amount were to be paid, there would be no need for court action. Is it illegal to ask for these fees? They have provided a breakdown of the costs they are attempting to claim and court fees are actually listed and the balance they are attempting to claim is £240.72. Keeper is aware of Section 4, par 4.5 of the Protections of Freedoms Act 2012 which states that only the amount specified on the Notice to Keeper can be claimed so just by adding £60 Contractual Costs is in contravention of this, but attempting to claim court fees? Surely this is not legal?

[ostell]

They can add court fees and solicitor costs up to £50 to the claim. As you say they are limited to the amount of the original NTK.

They are probably trying to say that the PCN contracted the keeper to another £60, not true.

If you want help with the PCN then post a redacted version

[NorfolkBoi]

Thank your for your reply. They are asking £50 solicitors fee, £25 court fees, £5.72 interest, £60 Contractual Costs and the original NTK amount of £100.

I know they they have no right to claim the Contractual Costs under PoFA 2012 and is a blatant attempt of Double Recovery, an Abuse of Process. But by attempting to force keeper to pay the £140.72 Court fees etc to avoid court action? Is that legal? The court fees etc would not be payable if it didn't go to court. Just the £100 for the NTK as they would not be entitled to the rest.