Enforcing Court Judgments

Private Parking Appeals and its staff have an impressive record of court successes against parking companies, despite their claims that the Beavis Case makes their charges enforceable and fair.

This is for a number of reasons, but the main reason is that the parking companies do not comply with the law that allows them to transfer liability to the keeper.

There are a number of elements that must apply if Keeper Liability is to be relied upon:

  • The parking company must have proof that they have the right to operate on the land
  • The parking company signage must offer a clear and unambiguous contract
  • Notices must be issued in a specified way that complies with the requirements of the law
  • The Keeper details must have been sought from the DVLA
  • The notices must include required information

If these hurdles are not crossed by the parking company, it cannot claim Keeper Liability.

 

In two recent cases, VCS v Mr F, and UKPC v Dr A, keeper liability was not satisfied, and the judge ordered costs to be paid against both companies.

Unfortunately, as is often that case when parking companies are involved, they are very fast to run to court against those they claim owe THEM money, but very slow to pay their own debts.

VCS part of the Excel group, are famous for denying receipt of court orders, even when they attend court, but on this occasion have sent a cheque for £95 to our client, which has bounced. As a result, enforcement action will be taking place shortly, involving Simon Renshaw-Smith being ordered, under penalty of imprisonment, to attend court to explain why this occurred.

 

UKPC, by comparison, a company which has been suspended from DVLA access on more than one occasion, has been ordered to pay Dr A £455 in total, and hasn’t yet done so, despite the hearing being over a month ago. They also haven’t responded to a GDPR request, or to a Letter of Claim for their breach of the Data Protection Act in seeking keeper details for locations where they have no right to operate.

UKPC, on their website, says the following about court action:

If you receive a CCJ it can have a major impact on your credit rating and could severely impair your ability to obtain credit. When you contact the bank to apply for a loan or mortgage; for a store or credit card; rent property; lease or hire a vehicle, credit checks may be performed to ensure that you are not a high credit risk. If you have an outstanding or satisfied CCJ on your credit file it is significantly less likely that your application will be successful. Where an individual with a CCJ does manage to obtain credit, they can often end up paying a higher interest rate. Records of CCJs are kept for six years unless they are paid in full within a month of their issue.

Court action is always an option of last resort for UKPC. We always prefer to resolve situations amicably but unfortunately this is not always possible. UKPC feel it is important to make motorists aware of the potential enforcement action that may be taken to recover debts after a court has entered a judgment against an individual. Enforcement can include, but is not limited to:

  • Sending County Court bailiffs to recover goods in the amount of the debt
  • Obtaining an attachment of earnings order, whereby your employer must deduct an amount from your salary to be paid to us until the debt is cleared
  • Obtaining an order for the debtor to attend court and give a detailed statement of means which can include bank details.

UKPC have regrettably had to employ all of these methods previously to recover unpaid debts.

It appears that UKPC are likely to be on the receiving end of at least one of these methods of enforcement in short order, and John Wilkie is certainly looking forward to meeting both Rupert Williams of UKPC and Simon Renshaw-Smith of VCS at the debtor hearings.Of course, if the debtors officers fail to attend, they can be imprisoned for contempt of court.

Do you have a Parking court case? Private Parking Appeals are the unquestioned experts in handling these matters for you, and have a success rate which is second to none.

Don’t hesitate, contact us today.