Written by John Kruse, one of the leading experts on Bailiff Law, this consumer friendly guide is essential reading for anyone who comes into contact with a bailiff.
The book is easy to understand and clearly explains the rights
a bailiff has, and also what they cannot do when collecting debts and repossessing goods etc.
Hi all, my wife received a parking charge notice a few days back from parking eye, and sent a cheque. reading the forum today, i phoned the bank and have stopped the cheque. I notice the best advice is to ignore them initially, but any ideas on how i should respond when they obviously have the payment returned unpaid?
thanks kevin
No, it's not illegal. You can request your bank to stop a cheque unless it has been guaranteed using a cheque guarantee card.
As for how to respond, you have a number of options ranging from using the template letters in the stickies at the top of the forum to just ignoring them completely and waiting until they stop writing. Have a look through the stickies and come back with any questions.
No, it's not illegal. You can request your bank to stop a cheque unless it has been guaranteed using a cheque guarantee card.
Just to clarify the situation to be guaranteed your cheque must meet certain conditions. According to APACs: A cheque guarantee is valid only for face-to-face transactions. (Click here to see the APACs guide on cheques). So if you filled out the cheque at home and sent it off the guarantee is not valid. If you did put guarantee information on the back I'd contact your bank and inform them of the situation by phone initially and also in writing as they will have no way of knowing whether these conditions were met.
Have a read of Bernie the Bolt's template letters for how to respond. Unless you put contact details on the documentation then wait for them to write to you as the RK and then follow the process in Bernie's template letters. (i.e. contact the driver, etc) otherwise follow the procedure in the If you Wrote first templates.
Received letter today "parking charge reminder" comes complete with the photographic evidence. Have sent the letter from Berni The Bolts templates.
Quote:
Dear Sirs,
Re: Your letter dated [dd/mmmm/yyyy] Reference[#]
I acknowledge receipt of your captioned letter. It seems that you have got my details from the DVLA and I confirm I am the keeper of the vehicle in question. You need to take this matter up with the driver concerned.
In the meantime I absolutely deny your claim that the amount claimed, or any amount at all, is due to you from me.
Thought i had got away with it, received letter today from CCS collect saying they have been passed the debt from Parking Eye with "instructions to secure immediate payment" and if i dont pay they will persue it through legal channels. "our client is determined to protect the interests of their genuine customers and the ability to park within their car parks" Yes i'm sure thats what they want!!
Any advice on the letter to reply with. Looked at Bernie the bolts template to baliffs but i only sent 1 letter to Parkin eye. should i leave the bit out about writing on a number of occasions and failing to substatiate their claim and maybe send another to Parking eye?
thanks in advance
Kevin
The easiest thing to do is just ignore the letters.
Should they ever take proceedings, you would have a sound defence: you were not party to any contract. You could then counter-claim for your damages and time in defending the case.
On some things I am very knowledgeable, on other things I am stupid. Trouble is, sometimes I discover that the former is the latter or vice versa, and I don't know this until later - maybe even much later. Read anything I write with the above in mind.
CCS well known here, they will ignore your letter whatever you say. I agree with previous poster, cheerfully ignore anything short of genuine court papers.
Thanks for the advice, im a little worried about the prospect of going to court though. Does it go as far as that or are they trying to put the frighteners on?
Thanks for the advice, im a little worried about the prospect of going to court though. Does it go as far as that or are they trying to put the frighteners on?
Definitely trying to put the frighteners on. Standard tactic for these companies.
It's very unlikely to go to court and if it does then with a properly presented defense they'll lose. There are a number of people who will advise you in the very unlikely event that you have to go to court.
I had an interesting chat with a DCA who called last night about my numerous unpaid tickets to Central Ticketing. I explained the situation to him and told them that I wasn't going to pay them. He just agreed to send them back to CT, stating that there was no point continuing with collection as I knew my rights and wouldn't be paying the tickets.
Had a rather pleasant letter from parking eye stating how many signs there are at the Aldi's car park, explaining the parking tariff. "Therefore the contractual terms and conditions are clear to the user of the car park and the parking of a vehicle is acceptance of the contract that has been offered to you." They say that if I were not prepared to accept those terms I should not have parked there. However when I parked there I agreed the terms. It also says that unless I provide evidence of someone else driving my car then they are "Entitled to pursue me for payment"
Wasn't this all on Watchdog? Why do they think anyone is going to pay them now?
Simply write back and tell them that they are correct that they are entitled to pursue the driver for payment.
However, it is for them to establish who the driver was not you. Unless they can do so with absolute proof (in which case let them file court papers), they should cease writing to you immediately. Any further attempts to secure payment can then be reported to trading standards as harassment.
MBNA - Agreed to refund £970 in full without conditions. Cheque received Sat 5th Aug.
Lloyds - Settled for an undisclosed sum.
Not wanting to tempt fate, but i sent a letter back on the 1st april saying as your advice i.e "persue the driver and leave me alone or i'll report you for harrassment". nothing back as yet. hope thats the end of it
Not wanting to tempt fate, but i sent a letter back on the 1st april saying as your advice i.e "persue the driver and leave me alone or i'll report you for harrassment". nothing back as yet. hope thats the end of it
why did you waste a good stamp ?they.ll be back for more because you contacted them.hold tight chin up and do not pay
cancelled cheque to parking eye
notice a few days back from parking eye, and sent a cheque. reading the forum today, i phoned the bank and have stopped the cheque. I notice the best advice is to ignore them initially, but any ideas on how i should respond when they obviously have the payment returned unpaid?
Reply With Quote
Originally Posted by Filthy Monkey
Last time I stopped a cheque it was £1.50!
Yep ignore them or better still tell them you are going to seek legal advice for harrasement and stress, thats what I do. letters stop straight away.
Re: cancelled cheque to parking eye
