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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70200
Experience:  Over 5 years in practice
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Last year I had a debate with a car park management firm

Resolved Question:

Last year I had a debate with a car park management firm regarding a parking fee. It went to the stage where I challenged it via POPLA but they decided against me. At end of last year and after months of this, I was literally getting depressed, so I paid the firm by cheque. I have proof that the cheque was honoured, and yet I recently received more correspondence from the firm asking for the fee to be paid otherwise they will go to court. They are typically unreasonable to deal with, so I am prepared to go to court to present my proof of payment, but my question is, if I do that, what other action can I take (e.g. can I also have them charged with harassment?).
Submitted: 9 months ago.
Category: Law
Expert:  Jo C. replied 9 months ago.

Aren't they saying that the sum has been increased because you went to POPLA?

Customer: replied 9 months ago.
No, they are just asking for the original £85, presumably because teh challenge to this kind of case by Beavis in the high court was taken as a precendent and all that was granted in that case was £85.
Expert:  Jo C. replied 9 months ago.

Well, it is not that simple.

Beavis didn't say they couldn't levy their collection costs. If they go to court they certainly can.

Beavis just said that the challenge that £85 didn't represent loss was wrong.

Expert:  Jo C. replied 9 months ago.

In fact, they usually do ask for a greater sum if you appeal. That may or may not succeed in court but it doesn't amount to unlawful harassment. They are chasing in a debt. That may well be misconceived but it isn't harassment.

If that were to be accepted then any wrongful claim would be an instance of harassment.

If you have paid in full then just ignore them and invite them to sue. It will get nowhere even if they do.

Can I clarify anything for you?

Jo

Customer: replied 9 months ago.
I don't know what happened yesterday, but the internet connection seemed to fail so I gave up in frustration. What I was going to say was that given that they drove me to the edge of depression last year and they are starting again I would rather take steps to nip this in the bud and force them to realise that they must stop. There's no point contacting them directly as they are an arrogant bunch who may not even bother to respond. What occurred to me is that taking them to court myself may just stop them.
Expert:  Jo C. replied 9 months ago.

I'm not sure for what?

They are just bringing an incorrect debt collection action. You cannot sue for that.

Expert:  Jo C. replied 9 months ago.

I suppose the only thing you could do is seek an injunction but that would cost in the low hundreds and you won't recover.

Jo C. and 3 other Law Specialists are ready to help you
Customer: replied 9 months ago.
Okay, thanks for your advice.