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.
New to the site but exteremly impressed. Those answering the majority of these threads - thank you!!
Inevitably I have received a charge of £50 (£40 if paid by 22/8/08) for supposedly staying in the above car park for 12 mins longer than I should.
Unfortunately I had phoned these jokers before I started research (schoolboy error I know) and all but admitted I was the driver.
However having seen the error of my ways I have read the advice posted by petej2811 which looks to be a work of genius and have drafted a letter to Parking Eye and DVLA.
I have picked up all three points, (contract and damages, DVLA misuse and Unfair Terms) and I have as advised told them not to contact me again and quoted the Protection From Harrasment Act.
Do you know of anyone where this letter has worked first time?
If not and the letters keep coming do I report them to the Police for harrasment?
the phone call is irrelevant - why do you think all the PPCs only accept written 'appeals' and none over the phone.
Could be much more than Harassment involved - we haven't seen all of the paperwork. A good stroll around here will pick up posts on several other potentially applicable Acts.
I wouldn't waste my time writing to Parking Eye - do you expect them to hold their hands up and say "Yes, you are correct out invoices are unenforceable rubbish. Thanks for pointing that out, we will close the business today and pursue an honest living instead."
Duly noted. I did query it fairly strongly over the phone but as expected they ignored me. I guess I was just looking for a certaintity - no such thing I am guessing.
I'll send the letter anyway (I've just paid the postage) they might get the message and just write it off (here's hoping!).
Thanks Lamma, having read your reponses to other people I am going to take your advice and ignore everything - treat them with the contempt they deserve!
Thought I would post an update. Still shaking with anger!!
They phoned me, didn't say who they were when they left a message and I phoned a number back - for the benefit of others the number they called from was 0870 4584285 and asked me to call 0845 6329692.
Anyway I realised who it was when they answered the phone and then they demanded that I pay the £40. I told them to leave me alone and if they want me to pay take me to court. I said I didn't believe it was a breach of contract and could they stop contacting me.
The bloody nerve of these people.
Interesting that they only want the £40 not the £70 which it should be by now!
Assuming they do take me to court (long shot I know) and I lose (even longer shot!) does this count as a CCJ? Or do I then have to not pay that to get a CCJ?
This is hypothetical but yes - it would stand as a CCJ. However, for this to affect your credit rating it would have to become an "outstanding CCJ" - that is that you don't settle payment within the stipulated period. Credit agencies have access to these lists of outstanding CCJs. Normal judgements, settled within the time period do not get on to these lists in the first place.
Do you know of anyone that has actually lost one of these claims?
I don't know of anyone who's lost using the defenses mentioned in the PPC guide in the stickies section.
Occassionally the PPC's will record a "win" through a no show in court or through the ignorance of a defendant.
By far the majority of people on these forums receive a handful of toilet paper, sorry, I mean threatening letters and then hear nothing more.
------------------------------------------------------------------------------------------------------------------------------------- This does not constitute legal advice and is not represented as a substitute for legal advice from an appropriately qualified person or firm. --------------------------------------------------------------------------------------------------------------------------------------
The small claims court is a bit of a "quick and dirty" form of justice. It is quite possible for a PPC to win against a poor defence or a no show. We've yet to hear of a win against a "proper" defence.
No worries with Parking Eye, they have already shot their bolt in their "notice to owner" which states that the registered keeper is liable!!! Simply NO CHANCE of Parking Eye wishing to have their paperwork scrutinised by a court.
Hi Grippy,
Follow these rules:
1) Under NO circumstances even think about paying these unenforceable invoices.
2) If feeling a bit wobbly and unsure, refer to rule 1
regards
Please remember our troops, fighting and dying in our name. God protect them.
Thats right, there will be letters, but now you know what to expect, you can be happy and ignore them. They will try and up the scare tactics with fantasy stories of, COURT ACTION, bailiffs, FIELD AGENTS, but just ignore them and they will go away and chase other more vulnerable people.
regards
Please remember our troops, fighting and dying in our name. God protect them.
Received what I assume to be standard letter number two. This one has pretty pictures of my car on it. I have 4 days to pay £40 or it goes up to £70 plus the possiblity of "many additional charges".
Rest assured I am standing firm!
I've been contacted twice in 6 days, guess they are trying the 'shock and awe' tactick. Thanks to this forum I am neither shocked nor awed, thank you!!
oh good they spending money faster on their letters. as the credit crunch bites more and more will find their way here I guess. maybe they are trying to make hay while they can.
Hi Grippy,
Very glad to hear you are standing firm on this matter.
Keep us updated and feel free to post any letters, minus personal details to give us all a good laugh.
regards
Please remember our troops, fighting and dying in our name. God protect them.
Hi, don't know if it's relevant but it may be should this matter ever reach the courts.
The car park for Aldi in Upminster is not owned by Aldi, it is leased by them from Havering Council. If I understand some of what I've read, both the parking firm and Aldi must be licensed to hold the Data from CCTV images (& probably the council too).
This may form a good basis for any court claim to be thrown out ( but I'm sure those of a legal persuasion will correct me if necessary)
Parking Eye Penalty - Aldi Upminster
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Originally Posted by Grippy
