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.
A few weeks ago i got a ticket in a private car park controlled by CP Plus. I had parked in a new area of the car park, admittedly not in a bay, but in a large open area section which was in NO way hampering other drivers. There were no yellow lines, so i thought i was ok, as did about 6 other drivers. I returned, as did they, to a ticket. The parking attendant pointed out, as about four others surroud him also, that we weren't in bays and that this was noted on the signs. Trouble is, the bit about bays is sooo small you can only just read it if you are just under it, let alone a way off.
CP Plus are definately trying to catch people out by reducing the size of the warning sign text, ie small print and should have yellow lines to make it clear.......feels like entrapment.
I did reply and sent all the ticket bits back explaining that i was not going to pay, but they have written back saying they understand but cannot let me off, but i can appeal. Shame i didnt read the 'don't respond' advice beforehand.
Any ideas about this? I feel as though I should do something as they are catching out people by the dozen in this car park (Nugent Retail, Orpington), people who are trying to park considerately in a very busy car park.
Thanks for any help.
[quote=Silvervanman;188847 2] I did reply and sent all the ticket bits back explaining that i was not going to pay, but they have written back saying they understand but cannot let me off, but i can appeal. Shame i didnt read the 'don't respond' advice beforehand.
A shame indeed. As you may be aware the 'appeals' process would be conducted internally...have a guess what the outcome would be!!! :cry: Perhaps some of the more experienced members could advise you better than i though. Good luck
You may as well save the cost fo the stamp then Silvervanman and just pay the 40 quid!
Your appeal will be rejected. All appeals are rejected. They just want your money so are not going to say, "that's alright mate, we'll let you off"
No one here can tell you whether to pay or not pay, that's your decision, we can only tell you personal experiences and where these companies break the law with this [problem]. If after all this information you still feel like giving your money to the [problem]mers, it is still your choice.
I sent 2 appeal letters to my CPN not admitting liability, in a nutshell they ticketed me for obstruction when by their own 'evidence' pics to show they issued a ticket, you can clearly see no cars around, no buildings, no emergency routes etc. So they shot themselves in the foot. Anyway, I appealed twice, but it came as no shock that the letters were getting increasingly demanding - I was, after all, trying to reason and appeal to the very same people who were demandind money from me!! What did I really expect their response to be?!
I then wrote a 'cease & desist' letter and so far not heard anything but in all honesty given the tone of the last letter from them, I will be expecting a demand letter soon. That will be going in the silver filing cabinet in the corner of the kitchen along with the others.
They can try to take me to court if they like but their own evidence has more holes than a block of swiss cheese so I'm not worried in the slightest. Not to mention the fact that by demanding money they are comitting an offence as they have no proof of who the driver was.
Just know that any appeal you make will be rejected. What you do from there is your choice, but read the stickies, and all the other threads. All i can say is what I have chosen to do and personally they aren't getting a penny out of me.
Trouble is, I have replied and in doing so unwittingly lableing myself as the driver. I am thinking of batting it back on the 'contract' not being entered into because of the signs and the 'damages' being zero as there was no charge in the first place........sound ok? I am also going to speak to Trading Standards about the signs, as scores of people are being caught in this [problem].
Thanks for the help guys. I have spoken to Trading Standards this morning regarding the text size on the signs and lack of yellow lines. There is a definate intent to mislead here and even if i end up paying the £40 i will insist on something being done to stop this 'trapping' of drivers day in, day out.
I am also going to speak to Trading Standards about the signs, as scores of people are being caught in this [problem].
TS are often not clued up about private parking, and have been known to say that you need to pay. CP Plus don't carry out their threats to go to court AFAIK, so just continue to ignore everything.
Ask yourself, are they gonna bother taking you to court for the amount involved? Especially as they are extremely unlikely to win. You have done nothing wrong, now collect their letters but ignore them and definately do not pay up - its your £40quid - make sure it stays that way.
09/07/09 Business Studies BA(Hons) 2:1
eCar Insurance overpayment - £325
Settled in full - 15/09/08 NatWest Student A/C bank charges - £260
Settled under hardship scheme - 08/06/09 Natwest Business A/C bank charges - £60
Settled in full as GOGW - 20/04/09 Santander Consumer Finance late payment fees - £60
Part settled for £48 - 01/03/08 Peugeot Finance late payment fees - £50
Settled in full before county court hearing - 01/09/09 Peugeot Finance overpayment of £247
Settled in full - 01/12/08 Valley Leisure - complaint about collections agent
£160 part refund of gym membership in compensation - 01/02/09 HFC Bank - complaint about payment deducted from my account on wrong date
GOGW £10 - 01/05/09
The above replies are correct. But it is your choice. Any letters recieved remember are simply invoices and NOT a fine as such. Any threats of bailiff action should be treated as any letters from CP Plus-ignore! i,-as many on this site have been in a similar predicument and this course of action really does work.
And as also mentioned above they wont take you to court- 1. it would cost them more than it was worth them to and 2. from what you have said they would not have a case to put against you.
Anyhow,-best of luck in the meantime
Of course it's a [problem]. Why are you so surprised? Not only are the signs part of it - the fact that a private company is trying to 'fine' you £40 is the main part of the [problem]. Not to mention the phoney appeals procedure - do you think a private company is going to turn away profit?
Don't bother with TS - they are clueless.
We see private companies giving out these toy town tickets every day of the week. And our advice is always the same:
• DO NOT PAY
• DO NOT CONTACT THEM
• IGNORE THEIR LETTERS AND THE LIES WITHIN THEM, NO MATTER HOW THREATENING
• THEY WILL GIVE UP AND GO AWAY AFTER 4 OR 5
Sorry for the caps, you you sound like you're wavering. Simply ignore these clowns and enjoy your New Year.
Silvervan man, I think you ned to write one very important note in triplicate, regarding this. Write:-
DO NOT PHONE THEM
DO NOT WRITE TO THEM
DO NOT SEND THEM ANY MONEY.
Once done, stick one near the phone, one on your kitchen pegboard, and put one on your bedside table. whenever you think of wavering then, hopefully you will be near one of your notes and can read it immediately to calm your nerves.
Silvervan man, I think you ned to write one very important note in triplicate, regarding this. Write:-
DO NOT PHONE THEM
DO NOT WRITE TO THEM
DO NOT SEND THEM ANY MONEY.
Once done, stick one near the phone, one on your kitchen pegboard, and put one on your bedside table. whenever you think of wavering then, hopefully you will be near one of your notes and can read it immediately to calm your nerves.
Either that or a dose of the ol' Christmas Spirits (your favourite tipple of course. )........Works for me
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