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.
On Thursday 12/06/08 I recieved a parking charge Notice, (In a Rush I Hadn't realised that the £1 all day fee was revised at 1800 and another £1 was required for the rest of the day). The notice said I had no right of appeal until payment was recieved, £70 within 14 days, £100 thereafter. I paid, it was my error, although I found it hard to believe that the penalty was higher than a traffic offence fine!
I posted the cheque to the quoted PO Box, first class on Tues 24/06/08, in hindsight I should have sent it recorded etc but was unsure how a PO Box operated and really did not think any more of the matter, the cheque cleared my account on Wed 02/07/08. Put to bed I thought!
Saturday 02/08/08 I received a letter, from the parking company stating that payment was not received on time and I was now liable for an additional £45 or they may take me to court. I have contacted the company who say it is not in their hands but in the hands of the collection agency, they state that my cheque was not logged until the 30/06/07, therefore it was late. I was polite and calm during all conversation, stating initially that this was obviously a mistake but was told this is not possible and it's just my fault. I believe I am being mugged.
You shouldn't have paid in the first place - you have been tricked into paying an unforceable invoice.
Because you were gullable enough to pay, they're now chasing you again to see if they can get any more money out of you.
All you can do is either take them to small claims to get your £70 back, and completely ignore any letters you receive about your 'late payment' charge.
They won't take you to court. They didn't have a legal leg to stand on in the first place, and certainly not with this second [problem].
Private companies cannot issue fines, only get back any losses they've incurred. In this case you owed them £1, but as there's no money to be made from doing it legally, they've given you a mickey mouse fake parking fine.
Put it down to experience. Never ever pay these [problem]sters.
you could post up pictures of all their paperwork - suitably washed of your personal details. they may have acted fraudulently (many PPCs do) in which case you will have more leverage.
people seem to use tinypic a lot.
You need 5 posts to post links I believe but if you look through this forum you will see that some have munged the link by adding spaces...
guzzvaliant, how do you fancy being a guinea-pig hero??
In asking for more, technically they have rejected your payment.
In your shoes I would write as follows:
Dear Sirs,
I refer to parking charge notice ref x. I sent payment on dd/mmmm/yyyy by cheque and this cleared my account on dd/mmmm/yyyy.
In making the payment I made no admission of liability to the amount claimed and did so solely on the basis of it was a pragmatric solution to avoid protracted correspondence.
I take your letter of dd/mmmm/yyyy (copy enclosed) as a rejection of the payment previously tendered.
I now feel that you have overstepped the mark and therefore formally and irrevocably withdraw my previous offer. I deny any liability to you for any amounts that you claim or have claimed. Please therefore return to me the £70.00 previously paid. Please send me this within 10 days of the date of this letter, failing which I will instigate proceedings to recover the money plus costs and interest without further reference to you.
Yours faithfully
You should send this recorded delivery
You will find any number of people prepared to help you.
The PPC will be likely to back down and will not want this to go to court as it give a great opportunity for us to expose the [problem] in a court!!
Hence my opening comment.
************************* *******************
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.
Late payment charge, Help/advice Please
Notice, (In a Rush I Hadn't realised that the £1 all day fee was revised at 1800 and another £1 was required for the rest of the day). The notice said I had no right of appeal until payment was recieved, £70 within 14 days, £100 thereafter. I paid, it was my error, although I found it hard to believe that the penalty was higher than a traffic offence fine!
Reply With Quote
