ian-d
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MS doesn't mean an individual shouldn't drive, it was an isolated incident in the same way that anyone could fall ill with zero warning. I find your reply both arrogant and showing a lack of compassion and knowledge on the subject.
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dx100uk - I'll try to add that shortly. ericsbrother - thank you for your reply. I will check over the weekend what the signage looks like, but to be honest, we know the rules there, but illness did on this occasion prevent my partner from returning to her car in time, so I'm "okay" with paying the fine, though I do feel it is very expensive given it is a free car park! I wanted to ask this very direct question, once upon a time it was considered the right thing to do to just "ignore" these notices because private parking companies never take action further... .however, have the rules now changed considerable, do these companies now have more powers than they once had, and is there significant evidence in an increase in court cases taking place?
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Attached.
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1 Date of the infringement 16/11/2018 2 Date on the NTK [this must have been received within 14 days from the 'offence' date] 22/11/2018 3 Date received 23/11/2018 4 Does the NTK mention schedule 4 of The Protections of Freedoms Act 2012? [y/n?] y 5 Is there any photographic evidence of the event? y 6 Have you appealed? {y/n?] post up your appeal] n 7 Who is the parking company? Total Parking Solutions 8. Where exactly [carpark name and town] Heritage Retail Park, Crewe Received a 'Parking Charge Notice' this morning; cannot say we are surprised as we knew we had overstayed the allowed time and we have no reason to question the rules in place. The issue is twofold, firstly, are parking notices still largely not taking further by private parking companies, or have the laws changed. £40 seems excessive for overstaying by 43 minutes. The second issue is that my partner was using the car and she suffers from MS. Whilst visiting the nearby town, she fell ill, and whilst she didn't need any medical attention, she did have to sit in a cafe for 2 hours whilst the fainting past. The staff in there were incredibly helpful, kept checking on her and giving her food to sustain herself, so they certainly knew she wasn't well. The question would be, would one of these vulturous parking companies see that as a valid reason to cancel the ticket? I'm sure the cafe would confirm, though they are part of a massive chain so who knows.
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Another day, another TPS Parking Charge Notice courtesy of my lovely partner who keeps overstaying her welcome. Free car park, but only for 120 minutes. Rather than letting this one get as far as legal letters, any suggestions on an appropriate response at this time? I cannot argue the parking conditions or signage, just don't wish to pay these cowboys. I don't recall receiving previous notices on this one either, but as I've been battling them on another notice, I can't be certain they haven't issued them. Letter attached. Help appreciated.
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for my own record as much as anything. We have contacted the DVLA who have asked that we send them a covering letter advising that the address provided is not correct. They've said it will be reviewed/corrected within 4 weeks and that my partner is fine to write on behalf of her unwell mother. We've also phoned the local police on 101 and actually they were very helpful, logging everything, spending a good 30 minutes on the phone to my partner, provided a reference number and have also passed it to the local resolution team who 'may' visit the neighbour to give some friendly advice. It seems that the neighbour is just a youngster and doesn't appear to be aware of the consequences of false/inaccurate data. We are also going to send a covering letter to Parking Eye, advising them that this person does not live at this address and suggest the address they should be trying instead. We don't expect them to understand or even accept, but we've at least covered that off. Any further advice more than welcome. The last time my mother in law was receiving such letters (albeit they were bills for gas/electric etc she was too worried about to tell the family of), and was sectioned for some time under the mental health act; she thankfully was discharged after a few weeks but is still too unwell to work and these kind of triggers make her very vulnerable.
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Thank you, the best we'll be able to do at this stage is write to the parking company, and notify DVLA, but unfortunately because of the fragile stage of my mother in law, any other letters and speeding fines she may have received have either been returned, or binned, without any of us knowing, as she's terrified when threats come through the door and lives alone. We have no idea who the speeding ticket came from etc; no idea if there is a way of finding out?
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Not sure if this is the right section. My Mother-in-Law has been receiving both parking notices and speeding fines at her address for someone else, who lives just down the road and for what ever reason, isn't interested in having DVLA change the details and said she made a mistake when originally registering the car. My MIL is a very unwell person, suffers greatly from mental health issues and parking notices with threats of bailiffs etc is enough to keep her up at night, and risk of harm to herself. She doesn't drive, and doesn't own a vehicle etc. Many of the notices are over a few weeks old now because sadly she hides things like this that scare her and has just told my partner today. Can anyone recommend what we should do? Is there a department we should call at the DVLA to report this, and will we also need to contact the companies sending letters through asking them to review their records? The parking notices are from Parking Eye, and I don't know who the speeding notice is from, but it is doing 84mph in a 60mph zone, so I expect that will be pursued. We are not aware of a log book or any insurance documents coming through to the MIL's address, but because of her mental state, for all we know she could have returned them, buried them, or worse, handed them over to the neighbour. Help appreciated.
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Ok thank you, I assume I should just leave it at this point and hope to hear nothing more from them. Wouldn't surprise me if I get another letter just before Christmas of course. Glad I've wasted their time.
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I sent what erics recommended and got the following letter in reply. Any suggestions for what to do next, or was this letter to be expected?
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Thank you ericsbrother. Can you tell me in novice terms what the statement you recommend I send actually means? How have TPS fallen foul of the rules; and do I need to take photos of the entrance and signage for sending with the letter, or just as a personal record? Also, what is NTK and POFA?
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There's not a lot else I can provide unfortunately. Attached is the original TPS letter, which I guess you've seen countless times. Assume the parking signage is correct, as I cannot get back there in the coming days unfortunately. Question, do letters from Wright Hassall typically lead to pursuit of payment? In 50% of cases, 10%, less? Gauging my odds versus stress!
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Sorry, you can understand as a relative newbie that words such as fine, debt, claim, charge etc all seem like the same thing, when of course in offering suggestions, it matters a lot.
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The regulars here no doubt see mention of these letters from Wright Hassall often, so I'm wondering if they usually follow through, or generally just go away and this is another one of them 'try to scare them into paying' notices? At this stage I'm unsure what to do, but I'm not in a position to defend a case where an infringement happened, because it is correct, but the parking fines in my view are unjustifiable high. Am I in a position where by I can wait a further period of time to see what is issued next, or would that be unwise? I assume Wright Hassall would need to return to TPS for authorisation to proceed, at great expense to them both, which they cannot then recover from me if it goes to court, because as said above, the likelyhood is that I'd only have to pay the original invoice. My business head says they act together to send out as many template letters as possible in the hope of hooking a few, which keeps their directors very happy!
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So what changed that allows privately operated parking firms to start taking legal action to recover the debt? It use to be the case that action was very rare, and almost always thrown out. Has that changed? The original notice shows the car, front and back, the registration, all the right details, times etc, and I believe that the signage in place is correct; my missus just overstayed her welcome (and has before, but haven't had letters from a solicitor before). On the basis that the parking company are right, should I just pay the debt to get rid of them? At this stage, do they usually take action? At what point would there be damage to my credit rating, or require attendance in court?
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