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Parking Ticket. Credit card charges are UNLAWFUL !!!


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The following is a BBC report from yesterday concerning an appeal to the parking adjudicator by Mr Neil Herron ( a well know Parking Campaigner) after London Borough of Camden introduced a credit card transaction fee.

 

The adjudicator ruled that charging the fee is UNLAWFUL.......and cancelled the PCN !!!!

 

 

BBC NEWS | England | London | Many parking tickets 'unlawful'

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www.roadsidelawyer.co.uk is brilliant some private company sent an £80 fine for parking on DFS car park whilst in college-as no road parking and college car park full.There had been no proper notices on this piece of ground prohibiting. Solicitor sent a letter drafted by him to my email and do you know it was so effective and the case was dropped!!
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Please help! How do you claim if you already paid? I have within the last three months been clamped twice by the bailiffs Whyte & Co (mr kenny) for an unpaid pcn from may 2008 and another older than that, of one i have not records of getting the ticket or receiving any mail from my council (lambeth). Lambeth is now passing all to the bailiffs. I paid one of then with a credit card and they charged me 2% extra for paying with credit card the total bill was over £900 for one pcn.

How can i make a claim?

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Guest Happy Contrails
Parking Ticket. Credit card charges are UNLAWFUL !!!

 

That is an incorrect statement, the adjudicator decision doesnt make credit card charges unlawful. I have spoken to several friends who are lawyers inclding a criminal barrister and a judge, broadly speaking their opinion is:

 

a) doesnt set a legal precedent - its a decision by an adjudicator.

b) future parking tickets brought to an adjudicator with a credit card fee can also be revoked.

c) not retrospective - previous tickets with a credit card fee can be OOT appealed but not known whether appeal will be allowed on the basis of new information. A guinea pig with an old parking ticket with a credit card fee is needed to test.

 

 

Does this include transaction fees by bailiff companies as well? For example Phillips.

 

No. Nothing to do with bailiffs. Legislation sets what & how much bailiffs charge and the law currently doesnt allow bailiffs to pass on their credit card fees on prescribed charges.

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That is an incorrect statement, the adjudicator decision doesnt make credit card charges unlawful. I have spoken to several friends who are lawyers inclding a criminal barrister and a judge, broadly speaking their opinion is:

No. Nothing to do with bailiffs. Legislation sets what & how much bailiffs charge and the law currently doesnt allow bailiffs to pass on their credit card fees on prescribed charges.

 

Interesting! One question, though, as at least l did not receive any breakdown of the total costs (third party confidentiality) l do not know if the credit card charges are for the original contravention or for contravention + fees? Would guess that it must be for both as the credit card charges are for the entire amount, hence, illegal charges for his fees/costs.

 

GR

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