CHP Associates - I paid, then found this site :(

[venomco]

Right so here it is,

I'm a 17 year old student, and studying law - the reason behind me thinking the ticket I recieved was very "dodgy".

I was issued with a ticket on the 6th December last year, however the ticket was dated 6 - 11 - 07, unfortunately I only noticed this after paying the ticket. And the ticket was in a yellow package which read "FIXED PENALTY NOTICE".

On the 7th December I wrote a letter to CHP Associates asking for:

i) A detailed map of their companies jurisdiction in the area I was believed to be parked - Stating I would verify this with Bristol City Council.

ii) Details of the time the vehicle was left - as it was being used to drop off items at the time.

I also wrote "Please note - this is not a refusal to pay"

I recieved nothing back at all, so decided to write another letter to them, dated 21st December 2007. In this letter I notified them that I had recieved no response from them and attatched a copy of the original.
I also stated that failure to respond to this letter would lead me to presume the PCN had been cancelled and no further action would ensue.
- Lastly I wrote how the office would be closed from the 21st Dec 07 till the 7th Jan 08.

After my holiday I returned to find a letter post marked as the 22nd December, telling me that "my Adjudication Officer" has decided to deny my appeal.

They gave the following reasons

- "Private land on which parked - we act on behalf of land owner as authorised enforcement agents. A ticket under law does not even have to be issued; CCTV footage also enforceable under law."

- "No waiting allowed (At any time) in area parked (see signage)."

- "No requirement under law to provide any other documentation."

"Denial of appeal: In view of you correspondance we will allow a period of NOT LONGER than 14 DAYS from the date of this letter to make the lesser payment of £50.00. If payment is not recieved within this time period your case file will be passed to our Debt Recovery Management Unit. The registered keeper of the vehicle will then be liable under law for all monies outstanding + associated recovery costs. The decision of the adjudicator is final. No further correspondance will be entered into in relation to this case."

As the registered keeper of the vehicle is my dad and not me, he told me to pay the fine - fair enough I thought.

However the only reason for paying was the feeling of being threatened with debt collection action - we cannot afford our credit rating to be affected was our thoughts.

As you can imagine, I am massively pis*ed off, as I recieved the letter on Jan 6th when I got back off holiday - my 2 weeks in which to pay the £50 was over - even though I clearly stated I would not be there.

Sorry for the length of this post, but any help would really be appreciated.


Background Info:

- Parked off road on gravel between two pavements.
- There for only a few minutes
- There is signage - however nothing that says no waiting or drop off's, and the signs warn only of clamping or removal (No mention of tickets at all)
- Anything else just ask - Pictures on request

Thanks in advance,
Tom

[Zamzara]

You could start a court claim on the grounds that you were misled into paying by the statement that you were legally liable to do so, and the implications that the ticket was official.

Success would not be guaranteed but it would make an interesting case. The fact that the signs did not mention a charge would help a lot.

[venomco]

I've been thinking about taking them to caught and am almost deffinate I would win - for so many reasons. One being the wrong date on the ticket.

Anymore advice would be much appreciated.

Thanks
Tom

[battyboomboom]

Tom, you're not the alone in being fooled by the authentic looking documentation. This post Help! Parking Ticket (UK P.A.O. Leeds) - FightBack Forums was by a fellow law student who was thinking of paying under duress, but if you read responses and the entire thread you find out what to do. She was eventually received court docs, but they are laughable - she got plenty of help from people on there to submit a defence.

Treat this as your first assignment as a lawyer - real life practical experiences is always good when training for a job!

First off, if they used the term "Fixed Penalty Notice" they commit an offence under s40 1 (d) of the Administration of Justice Act 1970,Administration of Justice Act 1970 (c.31) - Statute Law Database. Also, they commit an offence under s2 of the Fraud Act 2006,Fraud Act 2006 (c. 35).

In the first instance, I would send a letter before action, giving them 7 days to pay the £50, otherwise you will commence court proceedings.

If they don't then submit a claim at Money claim online.

PS. The date on the ticket has nothing to do with it - it is simply an unenforceable invoice!

[venomco]

Thanks Battyboomboom, good advice. I'll be sending a letter to them tomorrow requesting the £50 + the 5% I was charged for using paypal.

I'll let you know how it goes.

Thanks,
Tom

[Zamzara]

Have you made a complaint to Paypal as well? Might be worth trying.

[venomco]

I'm thinking of doing so, however I'm writing them a letter requesting a refund first, if they pay then that will be the end of the matter...

However I have warned that failure to pay will result in me seeking both criminal and civil action being brought against them.

If you are reading this and are planning to pay a fine to CHP Associates - DO NOT DO SO! Please read this entire forum and then decide.

If you, like me, have paid - please watch this space, as after I have finished my ordeal, I will be more than willing to help others.

Get in touch.

Tom