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Edward Levey Profile picture
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Nov 13 • 5 tweets • 2 min read
OK, but this time we *really really* mean it... Image
Does anyone have any experience of proceedings in the County Court for a negative declaration? #askingforafriend
OK, so now I have drafted Particulars of Claim, now all I need to do is work out how to issue proceedings in my local County Court.
Now I just need someone (@LevinsLaw ?) to tell me how I go about issuing and serving the Claim Form ...
Being the reasonable person that I am, I have made it clear in my Particulars of Claim that I am not only willing to pay the sum due (£5), but I am also willing to pay interest on that amount at a generous rate of 8 per cent per annum.

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More from @ED_LeveyKC

Edward Levey Profile picture
Nov 15
🧵Part 2 (💤😴💤)

So I took the view that the PCN was not enforceable and received demand letters from @DRPLtd. I think there's a reasonable argument that the letters amounted to harassment (contrary to the Prevention from Harassment Act 1997). legislation.gov.uk/ukpga/1997/40/…
I also think the letters breached the Consumer Protection from Unfair Trading Regulations because I think they they were misleading (in breach of Regulation 5) and aggressive (in breach of Regulation 7)
legislation.gov.uk/uksi/2008/1277…
I doubt whether @APCOAUK or @DRPLtd ever sue people for the money. My guess is that they rely on the fact that the vast majority of people just pay up, either because "life's too short" or because people think they don't have any other option.
Read 11 tweets
Edward Levey Profile picture
Nov 15
If you receive a PCN from @APCOAUK or @ncpcarparks because you used an airport Drop-Off Zone (DOZ) and forgot to pay a £5 charge by midnight the next day, you may want to consider not paying it. Please don't rely on this as legal advice, but here's what happened to me. 🧵(Part 1)
Dropped my daughter off at Heathrow and forgot to pay the charge. Sod's law, I remembered shortly after midnight the next day. I called @apcoa immediately the next morning, but I was told it was too late and that I would need to wait for a PCN and then appeal it, which I did.
I explained in my appeal why I didn't think the PCN was enforceable in light of the Supreme Court's decision in ParkingEye v Beavis. supremecourt.uk/cases/docs/uks…
Read 26 tweets

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