Lidle Leyland

[johnnyrotton]

On saturday i got a ticket off national clamps preston for parking in a disabled bay whilst taking a video back to choices at churchill retail park leyland, i was with my son who has brittle bone and cant walk very far, i came out of the shop and collered the attendant and asked him why, he said it was because i didnt have a badge, the badge had fallen on the floor and i showed him this, his reply was ..."ive issued the ticket now theres nowt i can do" so reading the ticket it states its an £80 fine unless paid in seven days then its £40,reading your forum ive these questions...

1, The ticket was presented in what looks like an official parking fine complete with penalty notice....is this illegal ?

2, If you read the sign it states disabled badge holders only, it doesn't state the badges have to be displayed ?

Ive proberley made the mistake of appealing against this penalty, complete with my name and address, this company's not very sympathetic as you can see,

Sympathy Is No Excuse (from Chorley Citizen)

Ill keep you informed of the outcome, ill go to court if necessary though.....

[bottomburp]

deleted

[johnnyrotton]

Theve no chance, if i part with my money, ill never see it again, if they increase it to £80 ill see them in court, it like its put on here, I dont owe national clamps or the owner of the retail park a penny until the magistrate says so....am i wrong ?

"The Administration of Justice Act 1970.
Section 40 of the act provides that a person commits an offence if, with the object of coercing another person to pay money claimed from the other as a debt due under contract, he or she:
(a) harasses the other with demands for payment which by their frequency, or the manner or occasion of their making, or any accompanying threat or publicity are calculated to subject him or his family or household to alarm, distress or humiliation;
(b) falsely represents, in relation to the money claimed, that criminal proceedings lie for failure to pay it;
(c) falsely represent themselves to be authorised in some official capacity to claim or enforce payment;
(d) utters a document falsely represented by him to have some official character or purporting to have some official character which he knows it has not.
Paragraph (a) above does not apply to anything done by a person which is reasonable (and otherwise legal) for the purpose of :
(1) of securing the discharge of an obligation due, or believed by him to be due, to himself or to persons for whom he acts, or protecting himself or them from future loss; or
(2) of the enforcement of any liability by legal process.
It is also provided that a person may be guilty of an offence under paragraph (a) above if he concerts with others in the taking of such action as is described in that paragraph, notwithstanding that his own course of conduct does not by itself amount to harassment.
Thus if you receive one of these invoices and it appears to purport to be a PCN or FPN then I strongly suggest that you report the incident to the police. The police are DUTY BOUND to investigate and act. I had to have a ‘debate’ with the local Sgt to have him act on my behalf, however if you are polite and firm then the police should take it on for you."

On the ticket it reads.....failure to make payment in time will only result in additional costs, court costs , legal fee, serving a warrant, bailiffs.....


Ime just waiting for the harrastment next

[johnnyrotton]

This is the ticket that was left on my windscreen, as you can see its not a million miles from a fixed penalty notice, The other thing is theres no way ime giving my credit card details to a p.o. box number, if they want my money thell have to see me at leyland magistrates, ill also find out who manages the retail park and write to them as national clamps are representing them and they are breaking the law, the whole thing disgust me

[johnnyrotton]

Sorry about ranting on, but if the worse happened and i was found guilty, i was only there 2 mins....2 min at £80 = £2400.00 per hour to park your car there...that cant be right....

[patdavies]

Just a small point, but as you have broken no criminal law, this cannot end up at a Magistrates' Court.

If it ever came to court at all (like never) it is a civil matter in the County Court

[johnnyrotton]

Thanks pat, i meant the civil courts at the same location in leyland....does anyone think i should pay ?

[Rob S]

No, don't pay them. As you have no doubt read here already it is a civil matter and the most they can claim is for any actual damages/losses they may have incurred as a result of your alleged breach. You also have a disabled badge which entitled you to park in that bay. I would let them do the running.

[johnnyrotton]

Thanks Rob, still not heard owt from them yet, there proberly waiting to increase the charge.....if i dont pay them do you think thell send the heavies round ?

[Rob S]

Well, they could try, but without any form of order from the county court they will be unable to do anything

[johnnyrotton]

Apart from come round and beat me up rob.lololololol.....get this, i applied for the directors names and addresses from companies house, which they supplied and two days later i get an e mail telling me that they shouldnt have give me the info and do not open the attachment.....too late...lolololol....seems like the clampers can get any info they want on you but a different story when you want info....

[johnnyrotton]

Oh by the way i sent them a letter today refusing to pay.....watch this space....

[johnnyrotton]

?

[dw190]

Could this be the infamous Trevor Whitehouse

Moneymaking at the lowest end of the market.

[Elemc]

Hi

I've come to this website for the usual reason .

If I were you I'd write to them and say that you are in possession of a disabled badge, their sign says 'disabled badge holders only', therefore what is their problem? You told their operative as much. Include a photocopy of the badge.

Then go on to tell them you'll report them under the Protection from Harrassment Act 1997 if they contact you again. Report their 'charges' to the DVLA who charge £2.50 for supplying the information on receipt of a simple request. I should point out the use of the term 'Fixed Penalty Notice' and the yellow notice container to the DVLA as well. In fact, send the DVLA copies of this latest demand and your photo of the yellow notice container. Copy the letter that you write to the DVLA to them. That should give them something to think about!

Details for the DVLA are:

Data Sharing & Protection Group
DVLA
Swansea Vale 2
Swansea SA6 7JL

Good luck.

Elemc

[johnnyrotton]

Today is a sad day,as i sent them a cheque for 80 quid, they sent me an invoice threatening to sell the dept on if i didn't pay, and they wouldnt be responsible for the bailiffs actions, meaning heavies, the wifes just had enough, threat after threat, i took it to the police who advised me to pay them as they are a pain in the arse the officer said, thats British justice for you, i cant believe in this day and age you can demand money with threats and menaces, rubber stamped by the police....

[Howard0181]

I would never have paid them!!

In my opinion you have been "conned" by a "scam"

[Elemc]

Hi, it's me again.

Can I just check - did you ever put in writing to them that you had a disabled badge? If you did then this is utterly outrageous behaviour on their part and you can still report them to the DVLA. If you didn't you really should do so now and demand your money back. I can't see any reason for them not to refund you.

Elemc

[Howard0181]

You could write to the store. They either own the land or lease the land and send them them the correspondence and demand repayment of what you paid.

Tell them that you demand the money back within 14 days otherwise you will issue a County Court Summons.

Its terrible how you have been treated.