Patricia Pearl - Small Claims Procedure - A Practical Guide


An excellent guide for the layperson in how to use the County Court - a must if you are intending to start a claim.

£19.99 + £1.50 (P&P)




BAILIFFS - The Law and Your Rights

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.

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  1. #1
    Basic Account Holder Batman6969 Novitiate

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    Smile NCP parking fines private car parks

    Hi

    i have recieved a parking fineicon and a treatening letter from a debt collectionicon comapny.

    The car park in question is a privatly owned NCP. Where my car was allegedly parked without a ticket.

    I dont remember getting the ticket and would always get a ticket and display it.

    i recieved a letter from a firm called Rocburge demanding payment. They also have viseted my property.

    can someone tell me if this letter will work?



    WITHOUT PREJUCTICE


    name
    ad post code


    REF:1234567


    Dear sir/Madame

    I have been contacted by your debt collecting agency and call centre run by the threatening and demanding ROXBURGE.

    The parking ticket you fine you have attempted to levy on me is in dispute.

    I in no way accept the vehicle was parked illegally if at all the car was parked at the location on the date in question. If it was a valid parking ticket is always purchased and displayed.

    I therefore ask that you supply your evidence to me in relation to this alleged parking fine.

    If you cannot supply me with enough evidence to support your claim that the vehicle was parked by me at the location at the specific time, I ask you to cease contact about this matter and instruct your debt collection company to do also.

    I have already reported to the police your debt collections field agent accessing through a secure door and on private property to bang on my door and demand funds.

    A log with the police of this has been made with the end view of pressing charges for Harassment and trespass.

    I have been in contact with the citizenís advice who has advised me of my rights.

    Your debt collecting agency has been told to stop contact with me as this issue is in dispute.






    WITHOUT PREJUCTICE



    Any further contact being made without sending me the evidence of the fine. (Which on private land you have no legal right to impose) I will consider any visit by your debt collection staff to be harassment and trespass, as my property is situated on private land with clear signs telling visitors to report to security (whom have been told specifically that they are not to grant access to this company)

    I will also be contacting the serious fraud squad to report what I believe to be your company levying fines on random people without evidence and passing there details onto unscrupulous parties in an attempt to harass them into paying an unenforceable fine.



    Regards

    Mr Im not paying your stupid fine!!!!



    what do you think?
    As the car park is private i dont think they can do anything to me.

    Is this tactic just used to try to harass me into paying an unenforcable fine?

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  2. #2
    Basic Account Holder Batman6969 Novitiate

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    Default Re: NCP parking fines private car parks

    oh yes the car park is at a train station but the TFL website lists there not being a council or tube station car park.
    i am pretty sure its a private car park.


  3. #3
    Basic Account Holder Barnsley Boy Novitiate Barnsley Boy Novitiate

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    Default Re: NCP parking fines private car parks

    I'd write to Roxburghe not NCP. debt collectionicon agencys are more tightly regulated than Private Parking Companies. I must admit it is very rare for DCAs to visit and hound people for private parking tickets as they are known to be virtually unenforceable.

    Write to RoxBurghe as follows:

    Re: Your letter dated [DDicon/mmmm/yyyy] Reference[#]

    This alleged debt is in dispute. I have written to your principal on a number of occasions and they have failed to substantiate their claim.

    In the circumstances please refer this matter back to your client.

    Any further correspondence from you in relation to this matter may result in a complaint to the authorities under the Protection From Harassment Act 1997.

    Yours faithfully

    [Taken from Bernie's templateicon letters - see sticky at top of forum]

    If you've not already written to NCP then don't admit to being the driver.

    Read up the following on private parking companies. These "fines" are a [problem]. They have no basis in law.

    DO NOT PAY!

    http://www.consumeractiongroup.co.uk...-template.html

    http://www.consumeractiongroup.co.uk...s-charges.html

    If you want to go on the offensive, log Roxburghe's bahaviour in a complaint to your local trading standards office. You should be able to get the email address here:

    Trading Standards Central - Trading Standards and Consumer Protection information for the UK

    Oh, and you could complain to this lot too.

    welcome to the csa group - x

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  4. #4
    Basic Account Holder Batman6969 Novitiate

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    Default Re: NCP parking fines private car parks

    what if the car park is managed by NCP for London underground?


  5. #5
    Basic Account Holder Barnsley Boy Novitiate Barnsley Boy Novitiate

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    Default Re: NCP parking fines private car parks

    Some [not all] train station car parks are governed by the railway bylaws. I don't know the situation re: London Underground but I suspect they have bylaws too.

    However I don't think this is the case here as the route would have gone Fixed Penalty Notice then Magistrates Court not as this case NCP "notice" then Roxburghe acting as debt collectoricon. I'm 99% sure this is just a standard PPC BS [problem]


  6. #6
    Basic Account Holder Batman6969 Novitiate

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    Default Re: NCP parking fines private car parks

    that makes sense.

    thanks alot


  7. #7
    Basic Account Holder ShortlyTdwarf Novitiate ShortlyTdwarf's Avatar

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    Default Re: NCP parking fines private car parks

    Quote Originally Posted by Barnsley Boy View Post
    Some [not all] train station car parks are governed by the railway bylaws. I don't know the situation re: London Underground but I suspect they have bylaws too.

    However I don't think this is the case here as the route would have gone Fixed Penalty Notice then Magistrates Court not as this case NCP "notice" then Roxburghe acting as debt collectoricon. I'm 99% sure this is just a standard PPC BS [problem]
    Dead right. If the carpark in question was subject of byelaws then you would have received an OFFICIAL FPN, followed by a summons for non-payment of the Fixed Penalty Notice to the Magistrate's Court.

    You can write to NCP if you want to to try and get this resolved. State that your are only the registered keeper and cannot be certain as to who was driving the car at the time, and they must direct their collection at the driver of the vehicle.
    Roxburghe have no powers to take you to court, and may consider your writing to them to be an admission, despite stating that you do not acknowledge the debt. NCP have to prove that the RK was the person driving the vehicle at the time, and without your input, cannot do so. IMHO the best bet would be to ignoreicon the letter from Roxburge, as it is of little importance, and probably just for show. They will know they have no chance of recovery through legal means, and are just trying their usual scare tactics.


  8. #8
    Robin Castle
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    Default Re: NCP parking fines private car parks

    Roxburghe have a very good success rate in court, as one of Britain's most successful debt collectionicon agencies.

    You can either pay them now, or pay after they take you to court.


  9. #9
    Basic Account Holder emsgeorge Novitiate

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    Default Re: NCP parking fines private car parks

    Go on then Robin, tell us their sucsess rate - point us towards some figures.

    I smell a PPC troll.

    All opinions & information are the personal view of the poster, and are not that of any organisation, company or employer. Any information disclosed by the poster is for personal use only. Permission to process this data under the Data Protection act is NOT GIVEN to any company, only personal readers.
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  10. #10
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    Default Re: NCP parking fines private car parks

    Quote Originally Posted by emsgeorge View Post

    I smell a PPC troll.
    I rather think you do

    ..

    .

    Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.


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  11. #11
    Basic Account Holder Barnsley Boy Novitiate Barnsley Boy Novitiate

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    Default Re: NCP parking fines private car parks

    Quote Originally Posted by Robin Castle View Post
    Roxburghe have a very good success rate in court, as one of Britain's most successful debt collection agencies.

    You can either pay them now, or pay after they take you to court.
    I'm not totally against debt collectorsicon. They do have their place. Some people will not acknowledge their obligations without a big old push. I do object however, to unlawful collection of debts. Some of these companies play fast and loose with the OFT code of conduct for debt collection.

    Debt collectors simply should not take on debts which they are not prepared to go to court with. This is the case with virtually all PPC "debt". NCP, Euro Car Parks, CEL, UKPC, in fact all the big players, use debt collectors. When it comes to it, they all shy away from court action because they know they would lose

    I'm with others on this, show us all these acclaimed Roxburghe PPC court successes.

    Are there any? - didn't think so!


  12. #12
    Basic Account Holder ShortlyTdwarf Novitiate ShortlyTdwarf's Avatar

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    Default Re: NCP parking fines private car parks

    Quote Originally Posted by Robin Castle View Post
    Roxburghe have a very good success rate in court, as one of Britain's most successful debt collectionicon agencies.

    You can either pay them now, or pay after they take you to court.
    Funnily enough, i can't see this to be true either. Especially since I've been running them ragged for nearly two years for a debt that I refuse to pay on principle, despite the fact that they DO have a valid credit agreement.

    More bloody trolls in here than in a libraryicon full of Billy goat gruff books.


  13. #13
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    Default Re: NCP parking fines private car parks

    Quote Originally Posted by ShortlyTdwarf View Post
    More bloody trolls in here than in a libraryicon full of Billy goat gruff books.
    Time to get your gun and go troll hunting.....lol


  14. #14
    Basic Account Holder InformedSearcher Novitiate InformedSearcher Novitiate InformedSearcher's Avatar

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    Default Re: NCP parking fines private car parks

    As I am aware these days pcnicon's (Penalty Charge Notices) are issued to the person listed on the V5s.They also normally arrive together with an image of the vehicle concerned on the letter, well for moving, bus lane, box junction and Congestion Charging anyhow. A vehicle parked in a Car Park and I did not see the location (or might have missed it in the thread(?) if owned by a local council or seems in this case London Underground(?) means that the issuer will probably be that public body. You'll see the Terms and Conditions posted at the respective locations. Most public bodies have outside management companies to operate on their behalf as in the case of NCP.
    I'd suggest you ask them for proof initially. DCAicon's tend to only get involved (like council tax etc) when the person sent the initial PCN('s) does not reply or contend or pay it. I'm surprised in your case the vehicle was not clamped as it's always contended station parks are for (paying) travellers and that's why you see local streets with heavily enforced parking regulation to stop people parking on them.
    Michael


  15. #15
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    Default Re: NCP parking fines private car parks

    Quote Originally Posted by InformedSearcher View Post
    As I am aware these days pcnicon's (Penalty Charge Notices) are issued to the person listed on the V5s.
    From what the OP has said and nothing from the DCAicon has indicated otherwise, this is not a PCN or a FPN issued under the byelaws or any DPE scheme. It has all the hallmarks of a civil parking ticket or more correctly invoice that has been referred to a DCA.


  16. #16
    Basic Account Holder Barnsley Boy Novitiate Barnsley Boy Novitiate

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    Default Re: NCP parking fines private car parks

    Quote Originally Posted by pin1onu View Post
    From what the OP has said and nothing from the DCAicon has indicated otherwise, this is not a pcnicon or a FPN issued under the byelaws or any DPE scheme. It has all the hallmarks of a civil parking ticket or more correctly invoice that has been referred to a DCA.
    Agreed, a fake "PCN" mimics a real one. It is a bit like comparing a wasp and a hoverfly. They look similar, but one has a sting whereas the other just buzzes around a bit in an irritating way.


  17. #17
    Basic Account Holder duntaxi2 Novitiate

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    Default Re: NCP parking fines private car parks

    I have had parking tickets from all over London ,York, Blackpool and never paid one .Challenge any pcnicon in the St Kathrines court Northhampton I did with the 1689 bill of rights asking the county courticon Judge what juristiction he had because of the 1689 bill of rights and he said to go back to the Council and see them I had 47 local ones and they never came for the money
    Advice was from Neil Herron



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