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.
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hi there all!
hope you're all alright.
i was wondering if i could get some help, as i just recieved a parking fine, from ECP, even though i have a permit that allows me to park vehicle for over two hours.
It was issued to me on the 30/07/08 at the longsight market car park (manchester).
As im not the the legal owner of the car(my aunt), i am unsure what to do, so i have not been in contact with the ECP.
I am extremly angry at this stupid fine, even though i had a permit legitimate permit so i am looking to appeal against this.
(p.s im sorry if i've posted this in the wrong section, im kinda new to all this)
I am extremly angry at this stupid fine, even though i had a permit legitimate permit so i am looking to appeal against this.
If it is a private parking company ticket (invoice) then there is no appeals procedure so you would be wasting your time attempting it. Worse than that, you would have established a line of communication direct to you, which will be nothing but bad news.
Stay quiet and await there official communications to you, then stay quiet again.
If it is a council ticket, then by all means appeal, as they do have a genuine appeals system that may result in it being revoked.
When you say your aunt is the legal owner, I assume you mean that she is the registered keeper.
If this is the case I disagree with Crem.
Your aunt will need to write one letter, you do the rest. They are in the template letters in the stickies.
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Nothing in this post constitutes "advice" which I may not, in any event, be qualified to provide.
The only interpretation permitted on this post (or any others I may have made) is that this is what I would personally consider doing in the circumstances discussed. Each and every reader of this post or any other I may have made must take responsibility for forming their own view and making their own decision.
I receive an unwieldy number of private messages. I am happy to respond to messages posted on open forum but am unable to respond to private messages, seeking advice, when the substance of that message should properly be on the open forum.
Many thanks for your assistance and understanding on this.
Agree with Bernie on this one. If you do not use the templates as Bernie has suggested then, after ECP has got the Registered Keeper details from DVLA, your Aunt will get the hassle, which I'm sure you would wish to avoid. By all means wait until ECP contacts your Aunt, then using the templates get the landfill directed to you.
Don't be particularly concerned, ECP are not the most persistent of PPCs, using the templates will see them off.
Looks like i posted it in the wrong section. Sorry about that. Yes my aunt is the registered keeper.
Its not a council ticket, its from ECP and theres (brief) a section on the ticket on appeals.
So should i contact them right away or wait until they get in contact, probably with my aunt, who as the above poster said, i do not want her to get involved in this situation.
Thanks for your replies, much appreciated
x
Well your aunt is going to be getting letters. The only possible way to stop it is to either pay (which would be stupid) or tell them you were the driver and lure them away from your aunt.
Well your aunt is going to be getting letters. The only possible way to stop it is to either pay (which would be stupid) or tell them you were the driver and lure them away from your aunt.
NO! Tell them only that you are handling this on behalf of your Aunt. Talk to your Aunt now, tell her that this is going to happen and tell her that all she has to do is to write to them telling them that she has appointed you to handle the matter and that all correspondence should be sent to you.
************************* *******************
Nothing in this post constitutes "advice" which I may not, in any event, be qualified to provide.
The only interpretation permitted on this post (or any others I may have made) is that this is what I would personally consider doing in the circumstances discussed. Each and every reader of this post or any other I may have made must take responsibility for forming their own view and making their own decision.
I receive an unwieldy number of private messages. I am happy to respond to messages posted on open forum but am unable to respond to private messages, seeking advice, when the substance of that message should properly be on the open forum.
Many thanks for your assistance and understanding on this.
It won't take a genius for them to realise you're the driver though!
I seriously doubt they'll listen though if you tell them to redirect correspondence. They'll still send the letters to you aunt, in which case you might as well not bother at all.
I don't want to get the vehicle clamped, because i haven't the paid fine. I told my aunt the situation she was cool with it, just told her to pass the letters onto me whenever she gets them. So i'm just waiting for them to get in contact, so i can start following the templates on this board, had a quick read through them, seemed the right stuff.
Thanks for all your replys btw.
I don't want to get the vehicle clamped, because i haven't the paid fine.
They can't clamp you. These tickets, or more correctly invoices, are not official and are certainly not fines. Only a court has the right to impose a fine.
A Penalty Charge Notice (issued by a council operating a Decriminalised scheme) that goes unpaid can can get a vehicle clamped - with or without the owner's/RK knowledge.
However you have a private invoice for an alleged debt. The company issuing the invoice has no statuatory powers to clamp your vehicle in order to seek payment of the debt. If they did attempt to do that - you could have a field day with them in court.
For a breach of contract the remedy is damages. They can claim damages against the driver but they have to prove that the driver agreed to the contract and that amount and the terms of the contract don't breach the Penalty Charge case law and the Unfair terms in consumer contract Act amongst others.
Add to that the fact that they don't even know who the driver is and cannot compel anyone to tell them. Without this basic information they have no case.
Don't lose any sleep over it. Have a look at the links you have been given. You'll see this is a [problem].
------------------------------------------------------------------------------------------------------------------------------------- This does not constitute legal advice and is not represented as a substitute for legal advice from an appropriately qualified person or firm. --------------------------------------------------------------------------------------------------------------------------------------
It won't take a genius for them to realise you're the driver though!
Why? I deal with a stack of stuff for family and friends in this way that I have no direct business with other than helping out. In any event they can only suspect but cannot prove.
Originally Posted by Al27
I seriously doubt they'll listen though if you tell them to redirect correspondence. They'll still send the letters to you aunt, in which case you might as well not bother at all.
Then they've gifted a perfectly good reason to ignore the correspondence. It's their funeral if they refuse to recognise a lawful agency relationship.
************************* *******************
Nothing in this post constitutes "advice" which I may not, in any event, be qualified to provide.
The only interpretation permitted on this post (or any others I may have made) is that this is what I would personally consider doing in the circumstances discussed. Each and every reader of this post or any other I may have made must take responsibility for forming their own view and making their own decision.
I receive an unwieldy number of private messages. I am happy to respond to messages posted on open forum but am unable to respond to private messages, seeking advice, when the substance of that message should properly be on the open forum.
Many thanks for your assistance and understanding on this.
Yeh soon as i hear anything I will.
So what's all this clamping business about?
I've seen some vehicles, like today as i went past this takeaway, a car had a yellow clamp around its wheel, Do they just clamp cars that dont have correct road tax?