Wednesday, 18 December 2013

Laying the groundwork prior to reclaiming costs from a parking company

The Parking Prankster has previously blogged about motorists successfully reclaiming costs when a parking company issues a charge which has no basis in law.

Yesterday The Prankster blogged about another such challenge which is currently under way.

If you are a motorist and have been issued with such a charge, you will be far more likely to be able to successfully reclaim costs if you have established a proper foundation from the start.

A suggested text to add to your appeal to the operator is as follows.
If you do reject the challenge and insist upon taking the matter further I must inform you that I may claim my expenses from you. The expenses I may claim are not exhaustive but may include the cost of stamps, envelopes, travel expenses, legal fees, etc. By continuing to pursue me you agree to pay these costs when I prevail.
Obviously it is not right that some parking operators continue to knowingly issue charges when they have no basis to do so, and when their charge levels have consistently been rejected by POPLA in every appeal since its inception in October 2012. This is unjustly causing motorists time and effort to fight charges which are bound to be cancelled by POPLA. Moreover, many motorists who do not know the charges are not valid may be frightened into paying up. The Prankster sees this time after time, especially with the more vulnerable members of society.

The Parking Prankster recommends that every motorist adds the above text to their original appeal to the parking operator. Once the POPLA appeal is upheld, the motorist can then decide whether to pursue the parking company for their expenses.

If you are currently have an appeal in with the operator, but have not yet received your POPLA code, send in the above text as soon as possible.

If you currently have your POPLA code but have not yet filed your POPLA appeal, send in the above text with the stipulation that they have seven days to cancel without incurring expenses, otherwise you will then file your POPLA appeal. Obviously make sure you still appeal to POPLA within the timeframes; you can check your POPLA code here.

Happy Parking

The Parking Prankster


  1. I think your suggested text is OKish but could do with a reference to time spent on the appeal.
    I have edited as below and I think it is clearer and more assertive.

    "If you do reject the challenge and insist upon taking the matter further when POPLA adjudicate in my favour I may claim my costs and expenses from you.
    This will include costs in compensation for the time spent researching and preparing my POPLA appeal. This will be at the litigant in person rate of £18.00 per hour as set by the Ministry of Justice..
    The expenses I may claim are not exhaustive but may include the cost of stamps, envelopes, travel expense and any legal fees that are incurred.
    By continuing to pursue me you agree to pay these costs and expenses when I prevail."


  2. I guess you're referring to the "Litigant in Person" flat rate of £18 an hour - which has extremely little to do with time spent pre court... what one could do however is claim a fixed agreement of say "£250 as an agreed sum for my provision of information to you with regards to the claim". Thus it would not need to represent any losses... and instead is a contractually agreed sum to be paid upon a certain trigger, such as when the claim is voided. Some PPCs try arguing the same applies to their claims.