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.
Well as you have read on the forums these "tickets" are simply invoices made to look Legal, even the name CPS looks like Crown Prosecution Service.
I'm no expert here but I believe they have written to you as the registered keeper, I am sure you can write advising them to contact the driver, you are not required to supply the drivers name.
I've Sent Some Pms to members who have some knowledge of private parking so I would hope that will look at your thread quite soon.
Combined Parking Solutions are well known on this forum.
I would use Bernie's template letters to write to CPS. Do not admit to being the driver. The letter from Silverman is less important. Although claiming to be Solicitors, they are actually acting as debt collectors in this instance. Remember that, prior to court, debt collectors have absolutely no powers - none at all.
If, against all the odds, this went to court, that would be CPS's decision, not Silverman's. You would be able to apply to get any court hearing moved to your own town, not Liverpool.
Please remember that the odds of court are really tiny, less than 1 in 1000 in our experience. We are not aware of a Private Parking Company winning where the case has been properly defended. This forum would ensure that you got such a defence.
At this stage I'd suggest the following 2 letters -both from Bernie's templates [see "sticky" at the top of the forum]
1. - to CPS
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.
Yours faithfully
2. - to Silverman
Dear Sirs,
Re: Your letter dated [dd/mmmm/yyyy] Reference[#]
This alleged debt is in dispute. I have written to your principal under separate cover. 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.
Hi
I assume make a home visit, in that case you can send pt2567's letter revoking their right to call on you, just needs slight modification to suit you need here is the link. http://www.consumeractiongroup.co.uk...ml#post1380478
you have no account with them and no credit agreement. you have NO obligation whatsoever to 'take the meeting'. If it was me I would take the meeting, keep them outside the door and tape the whole conversation. You have every legal right to record any conversation you are a part of.
my part would consist solely of 1) introducing your witness by name, no need to say they are a witness or to offer any further details (best if the witness is in smart business dress) and then 2) "You have been informed this alleged debt is disputed and you now have to refer this issue back to the issuing company. Why haven't you ?". Tape everything - start from before you open the door, do not respond to any questions whatsoever (not even conversation points about the weather) do not let them in to use the toilet etc.. When they eventually dry up - which they will - just finish with "You have to leave my premises now". and close the door. Thank the witness by name for being there and say "I will now stop recording" and turn the tape off.
You could print out your script and use it at the door - nothing wrong with that. And don't take any paperwork from them.
Then get onto the OFT. them making 'unliateral' appointments like this is a no no and there is huge probability the bod at the door will bury themselves further. unless they just do a runner when they see the witness and the tape..
check out OFT site for details - you can and should have them for this - don't forget this is not a 'credit agreement' thing.
as the 'directing minds' (and from various legal points) CPS also has culpability here IMV but we can get into that later if you want to. bearing in mind the well known behaviour of CPS and the frequency of PPC readers/posters on here there is no way I will publish the killer points about this on here.
Or you could just not be there when they turn up - but have someone else there to record their visit and say nothing to them.
On 2nd thoughts, for reasons I have no wish to go into [Don't want to get moderated again], I'd suggest just blanking this lot from now on. Ignore everything short of a stamped court summons.
Daniels Silverman are not solicitors. Have they claimed to be? If so it is a fairly serious matter. They are mere debt collectors, without any powers whatsoever.
Re: Combined Parking Solutions...How do I respond?
I would work on the assumption that the people at this outfit have already read this thread and probably know who you are by now. However, one doesn't need much legal knowledge to see how unlawful their operation is.
On that basis, don't reply other than to inform the debt collector that the debt is disputed.
In the highly unlikely circumstance that they issue a claim in court you probably won't lose because there are plenty of knowledgable people here gagging to have a go at these folk and rip apart their business model. They would probably help you write a defence.
Thats one thing with public forums... but still none the less, if these outfits didn't upset so many people, would be no need for these forums.
Plus, these outfits must know that people use these forums for the reason that refuse to be bullied into paying monies.
If the companies didn't bully people, then why would the companies have such a need to go looking on forums to see what people is saying.
Thanks
- Hobbie
-------------------------------------------------------- Under no circumstances should you speak with a Debt Collections Agency via telephone, request that all future correspondence is done in writing, a letter template for this can be located here.
Any views expressed are solely that of my own, any advice or information offered is provided in genuine good faith, and should be checked prior to acting upon.
If my post helped you in anyway, please click on the scales to the left.
On 2nd thoughts, for reasons I have no wish to go into [Don't want to get moderated again], I'd suggest just blanking this lot from now on. Ignore everything short of a stamped court summons.
-------------------------------------------------------- Under no circumstances should you speak with a Debt Collections Agency via telephone, request that all future correspondence is done in writing, a letter template for this can be located here.
Any views expressed are solely that of my own, any advice or information offered is provided in genuine good faith, and should be checked prior to acting upon.
If my post helped you in anyway, please click on the scales to the left.