Tesco Car park

[Surfer01]

My dad parked up his car in a Tesco car park and then went and did some shopping in Tescos and on his return there was a ticket on his car for parking in a bay for the disabled.
There were no signs induicating it was a bay for the disabled but on moving his car he saw the sign painted on the ground although it was a bit faded. It seems he parked in the very last bay for the disabled in that row and did not see the sign painted on the ground otherwise he would never have parked there. He may be 81 years of age but he observes the rules.
Is there anything he can do or does he have to cough up and pay. £40 is a bit steep for a pensioner. He did take pictures to show that there were no obvious signs indicating it was a bay for the disabled. He has already written to them explaining about poor signage etc and that was before he told me about gthe "fine".

[ThisIsRacket]

Surfer01, read this thread on Sticky: Private Parking Tickets - Template Letters - If you wrote before finding this site. Other Sticky notes are also very helpful. Most important is to establish if it was a private company not local Council. In all likelihood it was, but read the Sticky, you'd feel well armed after that to take on these crooks, why your dad has to give them his £40, they've done nothing to earn it.

[pin1onu]

Originally Posted by Surfer01

My dad parked up his car in a Tesco car park and then went and did some shopping in Tescos and on his return there was a ticket on his car for parking in a bay for the disabled.
There were no signs induicating it was a bay for the disabled but on moving his car he saw the sign painted on the ground although it was a bit faded. It seems he parked in the very last bay for the disabled in that row and did not see the sign painted on the ground otherwise he would never have parked there. He may be 81 years of age but he observes the rules.
Is there anything he can do or does he have to cough up and pay. £40 is a bit steep for a pensioner. He did take pictures to show that there were no obvious signs indicating it was a bay for the disabled. He has already written to them explaining about poor signage etc and that was before he told me about gthe "fine".

He shouldn't pay them a penny.

Have a look in the stickies section at the Private Parking Charges guide. Then use the template letters what to do if you wrote first.

These tickets are in fact invoices for alleged breaches of contract. They have no legal basis and in all likelihood constitue a penalty charge - which is illegal under existing case law. Also as your father didn't see the signage he cannot be presumed to have entered into a contract.

Tell them to shove their £40 where the sun don't shine. Incidentally as the complainant they have to prove your father saw the signs and entered into the contract. The onus of proof is on them not on your father.

[Surfer01]

Sorry for the delay in postings but thanks for the advice. I have told him that in future if he gets a ticket to speak to me first.

[Surfer01]

Gone through the whole rigmarole of disputing the ticket but today my Dad gets a notice from them advising it is being handed over to a debt collection agency.
I advised him to ignore it as he was disputing the ticket and they had not responded. On a previous letter we advised them as per the CAG template letter that harrasment and threats were illegal but obviously they either can't read or they are plain stupid. Probably both!
I told my Dad to bin the notice and ignore it as they are chancing their arm. Is this correct or should we putting together a letter advising that they have now broken the law and we are taking them to court to claim compensation for stress etc?

[pin1onu]

Originally Posted by Surfer01

Gone through the whole rigmarole of disputing the ticket but today my Dad gets a notice from them advising it is being handed over to a debt collection agency.
I advised him to ignore it as he was disputing the ticket and they had not responded. On a previous letter we advised them as per the CAG template letter that harrasment and threats were illegal but obviously they either can't read or they are plain stupid. Probably both!
I told my Dad to bin the notice and ignore it as they are chancing their arm. Is this correct or should we putting together a letter advising that they have now broken the law and we are taking them to court to claim compensation for stress etc?

They'll ignore it any letter threatening court action. Under OFT guidelines they are not supposed to refer a disputed debt to a DCA. There is a template letter that covers this.

This is standard PPC behavior - "we'll bully and threaten to try and intimidate you into paying."

For your information DCA's have no more power than you or I at this stage. They cannot force you to pay anything. Unless the matter is dealt with by a court they have no legal power or position. Basically they are toothless dogs, they can bark a lot but have no real bite.

I would send a final letter denying and disputing the debt, stating without clarification of your outstanding points that you are unable to help further. Point out they are breach of the OFT guidelines in referring the matter to a DCA. Instruct them to desist with any further communication unless it is to close the matter. Warn them if they persist that you will refer the matter to Trading Standards, the OFT and if necessary the Police.

Tell your father to get on with his life and ignore anything else that comes through short of court papers (file it for reference in case they are stupid enough to take you to court. This includes anything from a DCA.)

Be prepared for a load of bumf that contains threats (court action, bailiffs, ccjs etc). Its standard.

If you need further advice or support post back.

[Surfer01]

Thanks so I am on the right track.

[Barnsley Boy]

Surfer01,

Yes, you are absolutely on the right track, these scammers have absolutely no right to your Dad's money. You [and your Dad] should be able to get all the reassurance you need on this forum.

[Al27]

There is no 'appeals process'. It's a con.

I'm not sure your dad understands the complete uneneforcability of the invoice he has received.

It's from a private company, no different from Joe Bloggs Plumbers, and they cannot give out 'fines'. The law only allows you to recoup actual losses in small claims court. What are their financial losses from parking in a disabled bay? £0

They're hoping you won't realise your legal position and cave in.

• don't pay
• don't contact them
• ignore any letters you receive, no matter how threatening
• they will go away after 5/6 letters
• they will not take you to court
• they don't have a legal leg to stand on

The letters you receive will be full of lies to try and get you to cave in and pay up e.g. threat of CCJs, courts costs and statements of liability. It's all a load of rubbish.

Ignore them and don't worry.

[Surfer01]

I don't believe these morons! Despite using the template letter which also refers to harrassment etc, they have sent it to a DCA although it is being disputed. Can't they read English or are they mentally challenged? DCA`phoned my 83 year old father not realising that they would be dealing with a stroppy old barstard and he told them it is being disputed and they can either take him to court or go to hell. His words, not mine! Looks like all our good advice has been taken on board by him.

[lamma]

love it.

[thegreatunwashed]

Can't he claim he is disabled by not being able to see it was a disabled bay?

[pin1onu]

Originally Posted by Surfer01

I don't believe these morons! Despite using the template letter which also refers to harrassment etc, they have sent it to a DCA although it is being disputed. Can't they read English or are they mentally challenged? DCA`phoned my 83 year old father not realising that they would be dealing with a stroppy old barstard and he told them it is being disputed and they can either take him to court or go to hell. His words, not mine! Looks like all our good advice has been taken on board by him.

Fantastic response to the DCA - exactly what they need to hear.

BTW welcome to the world of the PPCs - their response is absolutely par for the course. Intellectual ability isn't the issue. Its a case of let's roll the dice and issue as many template letters as we can and ignore all representations and see how many people we can scam/bully/threaten into paying. Its a question of numbers - if only 5% actually pay up they are still quids in.

[Surfer01]

The DCA`is Roxburghe but now he has received a letter from a solicitor acint on behalf of Roxburghe called Graham White in which it lists a whole string of charges relating to what will happen if it goes to court. They also mention that in the event he goes to court, it will make it difficult for him to get credit as it will be recorded on his credit file. HEY?????? Asif he will get credit at 83 years of age!
What planet are these guys on? I think that the letter itself is very threatening and probably illegal as it seems they are trying to scare my dad into paying. He wanted to phone the solicitors to tell them to go to hell unless they were going to take him to court, but luckily I persuaded him to ignore it as he can get quite stroppy.

[Al27]

Can't he claim he is disabled by not being able to see it was a disabled bay?

Are we here to judge or are we here to educate people about unenforceable penalties?

[lamma]

West Horndon NCP "illegal" parking. Advise on the next step please?

[Surfer01]

Thanks A127. I thought the remark was a bit insulting! Probably posted by a DCA.