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.
Firstly let me explain I have read the threads from Simon (where the infamous Peternet came on the scene) start to finish. I've also followed the thread from Shelly, who like me was issued a ticket in Leeds.
Ive been issued a ticket for £ 87- I live in a shared house and the owner, My father owns the house, he works away and my mail got mixed up in his section, Our initials are virtually identical.
I only just identified the mistake, there are two letters, each one demands the panalty £ 87 and £ 105 respectivley and the standard statement of a £3 per day charge for non payment after their payment date.
Date today 23rd Sep. this means the ammont now due is around the £138 mark.
The night in question I stayed in the Golden Lion Hotel. This was my first night in leeds so I left my car for ten mins to locate the hotel and then I moved the car to the over night carpark where I paid around £26 to stay for 36 hrs. This is documented at the hotel where I stayed. Furthermore I saw no parking sign or place to pay, and anyway the amounnt is completeley unfair as is the £3 a day increase.
I would like to know where the exact "offense" took place as I stopped the car twice in close proximitiy, whilei was trying to locate the hotel.
Please advise - am I a carmatt ? should I pay?
(for clarity there is one offense and 2nd reminder notice given)
As lamma has said there is no offense - you broke no laws. You have an invoice for an alleged breach of contract.
The remedy for breach of contract is damages. The liquidated damages are outrageous. If they were ever silly enough to take this to court a judge will tell them that this charge is clearly a penalty. (if you read some of the other UKCPS threads you'll see the chances of a court appearance with these clowns are virtually nil.)
The actual damages would amount to the cost of the car park per day/per hour. If they won a court case then they would be entitled to charge interest at 8% per annum. On £100 the interest would be 0.02p per day which is a far cry from £3/day (on £87 its .019p/day). To get to £3 a day they would need to have proved a debt of circa £13660.
They are just trying it on. I would ignore their invoice and get on with your life. You'll probably receive 5 or 6 further letters (possibly from debt collection Agency) which will get more threatening (or desperate depending on your point of view) and then they should move on.
------------------------------------------------------------------------------------------------------------------------------------- This does not constitute legal advice and is not represented as a substitute for legal advice from an appropriately qualified person or firm. --------------------------------------------------------------------------------------------------------------------------------------
The remedy for breach of contract is damages. The liquidated damages are outrageous. If they were ever silly enough to take this to court a judge will tell them that this charge is clearly a penalty. (if you read some of the other UKCPS threads you'll see the chances of a court appearance with these clowns are virtually nil.)
Interestingly, this is going to be tested in a few weeks (if UKCPS bother to turn up).
I have not seen one of their tickets / unenforceable invoices for a while - they always used to use the term "liquidated damages" on them and on their "contractual agreement" signs. Has their paperwork changed?
As BPA members they should by now signed up to the new code of practice which, amongst other things, frowns upon escalating charges as being an agressive practive outlawed under the new Consumer Regulations 2008.
My bet is that in court they would claim they were 'late payment fees' and avoid using the term 'liquidated damages'.
Depends if there legal team is better than CPS's.
Even if they use that term I think it relatively easy to demonstrate that it is still a penalty charge. (See the example in my earlier post).
Even if it fails there as the amount has not been pre-agreed it still falls under the Unfair Terms in Consumer Contracts. It bears no relationship to the original amount.
------------------------------------------------------------------------------------------------------------------------------------- This does not constitute legal advice and is not represented as a substitute for legal advice from an appropriately qualified person or firm. --------------------------------------------------------------------------------------------------------------------------------------
I have not seen one of their tickets / unenforceable invoices for a while - they always used to use the term "liquidated damages" on them and on their "contractual agreement" signs. Has their paperwork changed?
My bet is that in court they would claim they were 'late payment fees' and avoid using the term 'liquidated damages'. "In court" - not on the rubbish signs.... and I would win my bet....
My bet is that in court they would claim they were 'late payment fees' and avoid using the term 'liquidated damages'. "In court" - not on the rubbish signs.... and I would win my bet....
Understood lamma, however I trust that anyone facing these paragons of virtue across a courtroom would have bundled evidence which demonstrates that UKCPS refer to LDs in everything prior to their actual statement of case.
"a rose by any other name smells as sweet"
or to put it another way - "pure BS stinks whatever you call it"
I am sure it would be used if it ever got to court. Not sure it should be used in the first filed defense (apart from being mentioned). Always nice to let the PPCs bury themselves as is their habit. Their business model means they have to ! - which is nice.
UKCPS Parking Ticket, Leeds, Trevellyan Square
Reply With Quote
Re: UKCPS Parking Ticket, Leeds, Trevellyan Square
) and then they should move on.
Originally Posted by lamma
Re: UKCPS Parking Ticket, Leeds, Trevellyan Square
