How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Jo C. Your Own Question

Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69774
Experience:  Over 5 years in practice
12826847
Type Your Law Question Here...
Jo C. is online now

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: 5 months ago.
Category: Law
Expert:  Jo C. replied 5 months ago.

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

Customer: replied 5 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 5 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 5 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 5 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 5 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 5 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., Barrister
Category: Law
Satisfied Customers: 69774
Experience: Over 5 years in practice
Jo C. and 2 other Law Specialists are ready to help you
Customer: replied 5 months ago.
Okay, thanks for your advice.

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Jo C.

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
< Previous | Next >
  • http://ww2.justanswer.com/uploads/EM/emus/2015-7-7_192327_bigstockportraitofconfidentfemale.64x64.jpg Jo C.'s Avatar

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
  • http://ww2.justanswer.com/uploads/BE/benjones/2015-12-1_0437_ennew.64x64.jpg Ben Jones's Avatar

    Ben Jones

    UK Lawyer

    Satisfied Customers:

    11553
    Qualified Solicitor - Please start your question with 'For Ben Jones'
  • http://ww2.justanswer.com/uploads/BU/Buachaill/2012-5-25_211156_barrister5.64x64.jpg Buachaill's Avatar

    Buachaill

    Barrister

    Satisfied Customers:

    1754
    Barrister 17 years experience
  • http://ww2.justanswer.com/uploads/JO/jojobi/2013-3-19_0265_maxlowryphoto.64x64.jpg Max Lowry's Avatar

    Max Lowry

    Advocate

    Satisfied Customers:

    894
    LLB, 10 years post qualification experience
  • http://ww2.justanswer.com/uploads/UK/UKLawyer/2012-4-12_9849_F2.64x64.jpg UK_Lawyer's Avatar

    UK_Lawyer

    Solicitor

    Satisfied Customers:

    750
    I am a qualified solicitor and an expert in UK law.
  • http://ww2.justanswer.com/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    402
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
  • http://ww2.justanswer.com/uploads/OS/osh/2015-7-7_19268_gettyimagesb.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    8199
    LL.B (Hons), Higher Prof. Dip. Law & Practice