Thread: C.E.L...choosing To Turn A Blind Eye!!

I will be mindfull of what I am writing as

1) This is ongoing
2) I am so :£"$%^&*($£^ Angry

I am the registered keeper of a car. ALLEGEDLY On a day in early November it was parked in a retail park near where I live for longer than the alloted time allowed etc etc etc (40 mins over a three hour limit). An attempt was made to get sixty quid as a "charge" and/or a tenner off me to see a photo allegedly of my car...... I don't think so.

I got the first "invoice" in Mid December Language used by them
"you must pay etc"

Now I wasn't happy and alarm bells were ringing.. Found this forum (and others) and realised the fundemental nature of the matter appeared at "stage one" of any defence or claim for the fee/penalty/charge was that the DRIVER has ALLEGEDLY entered in contract (an agreement ,there follows another strand of Defence / claim). But fundamentaly the driver is the point here. Now I know advise on this forum says.. don't tell them who was driving.. let them prove it..(which seems to be good advise in the first instance) HOWEVER

I WASN'T DRIVING... AND I CAN PRODUCE A LARGE NUMBER OF official DOCS IN SUPPORT FROM WORK (duty roster I sign etc), ELECTRONIC RECORDS OF COMPUTER LOGGON AT WORK, SECURITY ACCESS ACCESS SWIPE CARD AT WORK AND WITNESSES SHOULD I REALLY NEED THEM.

I put that in my letter and the quote "Contact the driver" etc (from the template letters thanx) "can I draw your attn to" S.40 admin justice act act etc. Is there a judicial precedent or statute that means I have to pay as R/K etc. "ICILY POLITE" then Sent off signed for delivery.

Early Jan... standard Letter covering none of the points I had raised... and they had the neck to include a line

"
“As the registered keeper we continue to hold you responsible for payment of the parking charge…”

Later...

“In the event payment is not received, we will have no option but to issue proceedings against you in the county court, to recover the amounts due to us. We will add our additional costs, interest and fees to the claim.”
further offer to make a reduced payment of £60

In essence I repeated I wasn't the driver, told them I was easily able to prove the same to the satisfaction of a court I believed, and told them to give me sufficient notice of a court date. I also challeged the company member sending out the letter that if they thought they were able to make these demands and statments to include their name or company ID which would be identifiable at a future court hearing (their letter had the generic "representation team") I then sent the reply back.

I got a further reply from them (as well as a demand for the full £120) Basically saying we have spent enough time listening.. pay up or.............

“…that the matter will be forwarded to a collection agency for recovery.”

This was my response :grin: (edited)

Although I am in no position to suggest how you wish to deal with this matter, I would advise you that no payment will be made by myself to yourselves or to your agent(s), be that a DCA or otherwise, unless directed by an appropriate court after a hearing, as I believe I am in no way liable for your alleged charge. I absolutely dispute your “charge” against me.


In order to expedite the matter and incur no further unnecessary charges or fees I would suggest you refer this matter to the appropriate court in order that we can present our respective cases. In relation to this I note from the last paragraph of your letter **/**/** that:

“……you will issue proceedings in County Court to recover the amount….”

I would question why you now state in you letter (**/**/**)

“…that the matter will be forwarded to a collection agency for recovery.”
Please notify me of the date of any court hearing giving 28 days notice so as I can ensure I am able to make myself and appropriate witnesses available. I will seek to recover costs from yourselves, which are likely to include legal fees, witness expenses, cost of correspondence as well as a further claim for my time off work / loss of holiday(s) and travel expenses should I successfully defend your claim.

Further correspondence from yourselves with regards to payment will be considered by me to be harassment and I will take appropriate action, including passing on copies of your letters to the police.

I would really like to hear from anyone on this for an opinion as despite having excellent evidence of me not driving ...they have ignored it and turned a blind eye.. and want me to pay. They did say I should pay and get the cash off the driver (???) I THOUGHT THATS WHAT THEY SHOULD DO They really have picked on the wrong person I WOULD LOVE TO SEE THEM IN COURT.

I AM PROPERCHEESED






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Originally Posted by PROPERCHEESED

I would really like to hear from anyone on this for an opinion as despite having excellent evidence of me not driving ...they have ignored it and turned a blind eye.. and want me to pay. They did say I should pay and get the cash off the driver (???) I THOUGHT THATS WHAT THEY SHOULD DO They really have picked on the wrong person I WOULD LOVE TO SEE THEM IN COURT.

Thats the spirit - stand firm.

Unfortunately the chances are this will never get to court. This is typical behavior of a lot of PPCs. A load of threats, lies, partial truths, bluff and bluster to try and harrass or scare you into paying.

I wouldn't lose any sleep over them ignoring your evidence. They are trying to bluff you.

Don't Get Mad, Get Even.

You've sent them a cease and desist/see you in court letter. Just keep all of their correspondence and ignore it. Let them provide you with further evidence to back up your harassment complaint to the police under the AJA Section 40.

Also make a complaint to Trading Standards and the Office of Fair Trading. It probably won't do much good but it might and if it causes them some problems then it's worth it.

One final thing to watch for is an actual claim form from court. Don't ignore that. However make sure you check it's validity before responding. There have been occasions where PPC's have sent copies without actually filing them in court.

ProperlyCheesed,

Good Letters!

I concur with pin1onu, it is worth making those complaints to Trading Standards & OFT. One letter on its own may not acheive much but, if we all do it every time, cumulatively it will have an effect.

I have been reading through the website as usual, and I think that as an additional line or paragraph to any letter that is sent, if the PPC hasn't doesn't so (and it seems they never do), include TELLING someone to put their name to correspondance in order to take resposibility for the content of company letters. I did it in mine and no one had the "cahonas" to put their name to the letter. It's got to count to something in the unlikely event of a court date.... and if WE KNOW (which we do) that this is a lot of noise and chest beating from these people it serves to show them for what they are..... bullies and cowards!!!!

I AM PROPERCHEESED!!!!

Originally Posted by PROPERCHEESED

I have been reading through the website as usual, and I think that as an additional line or paragraph to any letter that is sent, if the PPC hasn't doesn't so (and it seems they never do), include TELLING someone to put their name to correspondance in order to take resposibility for the content of company letters. I did it in mine and no one had the "cahonas" to put their name to the letter. It's got to count to something in the unlikely event of a court date.... and if WE KNOW (which we do) that this is a lot of noise and chest beating from these people it serves to show them for what they are..... bullies and cowards!!!!

I AM PROPERCHEESED!!!!

At the end of the day if no-one is putting a name to the letter I would address any correspondence to the managing director (if they are a registered company) - you can find out on companies house website and you can find out the name of the director either by doing a websearch or bit of "social engineering".

Actually a thought has just occurred. You can find out whoever requested your details from the DVLA at no cost to yourself. See the template letter stickies. Request the info from the DVLA.