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Hi, Thanks for letting me join this wonderful forum. I have read through some other threads and the FAQs about private companies issuing "invoices" etc...
Ok. Let me set the scene.I went to play football with my friends. We had hired a pitch out. The facility we were using has its own car park. This car park is NOWHERE near big enough to hold all the people that use the facility. The car park must hold 20 cars when up to 30 people use the car park and this is hardly peak times. I have only ever attended this facility once before and I have found a space in the car park.
Anyway there is a road leading up to it so i decided to park along there. The road has newly built houses along it and it still has a marketing suite where people would go in to arrange viewings etc... i expect that it is these people that own the road. The road doesn't have double yellows or anything. Just a couple of signs which are only viewable from certain areas... I was gone a couple of hours and then i come back to receive a £60 fine from the UK parking patrol office telling me that if i dont pay within 14 days then it will increase to £90. Ok fair enough i shouldn't have been parking there but i wasn't parked inconsiderately, obstructing vehicles or property access. There was nowhere else to park. 3 of my friends also had fines for parking on the road. It seems to me as a money making scheme as they know the official car park is too small.
Any advice on what i should do. Shall I ignore the ticket until they contact me through the post?
Also I am worried that they sports facility may provide CCTV imaging to the company to prove i was the driver although im not sure there is CCTV. Do i still have a chance should i be proven to be the driver?
This is not a fine it is an unenforceable invoice from a private compnay.
They have no powers to request information from you and you have no reason to tell them anything at all.
do not contact them, do not pay this unenforceable invoice.
They will write some letters to you, but at the end of the day nowt will happen.
even if they prove you were the driver they will still have no way to enforce this on so many levels.
Opinions are offered in good faith based upon personal experience and research. Before making any irreversible decisions the opinion of a qualified, registered and insured legal professional should be sought.
If my advice or information has assisted you in any way - please click my scales.
thanks
[COLOR=red]Nat West Charges £1056 [B]WON[/B][/COLOR]
[COLOR=#ff0000]RBS Charges £3600 [B]WON[/B][/COLOR]
[COLOR=#ff0000]RBS Unenforceable Loan £18500 [B]Pending[/B][/COLOR]
[COLOR=#ff0000]RBS PPI on loan above [B]Pending[/B][/COLOR]
[COLOR=red]MBNA Credit Card [B]CCA & SAR Sent[/B][/COLOR]
[COLOR=#ff0000]Co-op Credit Card [B]CCA Sent[/B][/COLOR]
More PPC nonsense. Feel free to ignore. Be prepared for some letters from UK Parking Patrol and thier DCA (approx 3-4 in total) however. They willl give up after that
If you believe that this post has helped in any way please click on the star to the left
Opinions are offered in good faith based upon personal experience and research. Before making any irreversible decisions the opinion of a qualified, registered and insured legal professional should be sought.
If my advice or information has assisted you in any way - please click my scales.
thanks
[COLOR=red]Nat West Charges £1056 [B]WON[/B][/COLOR]
[COLOR=#ff0000]RBS Charges £3600 [B]WON[/B][/COLOR]
[COLOR=#ff0000]RBS Unenforceable Loan £18500 [B]Pending[/B][/COLOR]
[COLOR=#ff0000]RBS PPI on loan above [B]Pending[/B][/COLOR]
[COLOR=red]MBNA Credit Card [B]CCA & SAR Sent[/B][/COLOR]
[COLOR=#ff0000]Co-op Credit Card [B]CCA Sent[/B][/COLOR]
I am actually finding this really funny. It is like you wind them up they make empty threats and just have to go away. Maybe this is because i used to bait and tease 419 [problem]mers I can understand why some people would relish the opportunity to go to court with them. Is there any way i can have some fun with it, for example sending them a bill for the "damage the ticket caused to my car"
also what about writing the letter in crayon or a different language?
just wait for their letters. they will sin comprehensively in those. Keep the bullets they provide there so you can fire them later. (Bullets Rule !). easy way if you are up to it is wait until the last letter from them and then phone them (don't write), block your caller id of course and just ask nervously about the "fine". Ask them to explain what is going on. keep using the word "fine". Give them no information at all but record the call. Towards the end mention that you thought "only the police and the court could issue fines and that only councils can issue penalties but as they aren't either just what is this charge legally ? ". let then waffle a bit and then mention "So its an invoice then is it ?!. let them waffle a bit more and then "so its not a fine not a penalty and not an invoice, its just an appeal for money then. Why are you sending begging letters ?". if you handle the call properly you can prevent then hanging up. don't sound confident or assertive until the last sentence. Be a hooked fish, nervous, unsure hesitant. agree with then from time time. If you have been baiting 419ers this should be doable. Then let us know what file sharing system you upload the phone recording to !
OK so i check the area today to gather evidence. Looks like they went absolutely overboard with the signage. I couldn't see any signage from where i was parked. The signs were all the way up and down the road. I didn't see all of these on the way there though as it was very dark.
The road went onto a new build housing estate. Does this count as private land even though it has a street name and houses on the road?
Are they allowed to ticket me even if there is no markings on the road such as parking bays, yellow lines and it is not clear as to where the signs signify the start and end of the restrictions?
The sign says "contractual notice. Anyone who chooses to park here agrees to pay a £60 fine if parked without a permit" Does this mean i agreed to enter a contract with them?
If the road is maintained at the public expense then it is public highway and therefore they are not entitled to "fine" you anything.
If , as I suspect this is still "private land" then their sineage means very little. They would still have to prove that you were the driver and even if they were able to prove that then the RUTCC would screw them up as well.
Continue to ignore these begging letters
Opinions are offered in good faith based upon personal experience and research. Before making any irreversible decisions the opinion of a qualified, registered and insured legal professional should be sought.
If my advice or information has assisted you in any way - please click my scales.
thanks
[COLOR=red]Nat West Charges £1056 [B]WON[/B][/COLOR]
[COLOR=#ff0000]RBS Charges £3600 [B]WON[/B][/COLOR]
[COLOR=#ff0000]RBS Unenforceable Loan £18500 [B]Pending[/B][/COLOR]
[COLOR=#ff0000]RBS PPI on loan above [B]Pending[/B][/COLOR]
[COLOR=red]MBNA Credit Card [B]CCA & SAR Sent[/B][/COLOR]
[COLOR=#ff0000]Co-op Credit Card [B]CCA Sent[/B][/COLOR]
If the road is maintained at the public expense then it is public highway and therefore they are not entitled to "fine" you anything.
If , as I suspect this is still "private land" then their sineage means very little. They would still have to prove that you were the driver and even if they were able to prove that then the RUTCC would screw them up as well.
Continue to ignore these begging letters
Thanks for the advice. Do you mind explaining to me what RUTCC is. sorry i'm a newbie
also... say they took me to court and in the unlikely event i lost, could i suggest that the punishment doesn't fit the crime because they lost no business there and nobody was obstructed. would i have to pay the ticket price and court fees? can they prove i agreed to enter the contract just by me parking there?
the RUTCC is the Regulations of Unfair Terms in Consumer Contracts.
Basically where there is a contract which is not negotiated on an individual basis and contains a term which is inordinately biased against the consumer, the EU court would deem that contract unenforceable.
The chances of them taking you to court are very very very very very very slim.
also if they took you to court - it would be a small claim - so their costs (with the exception of the issuing fee) are not recoverable
Opinions are offered in good faith based upon personal experience and research. Before making any irreversible decisions the opinion of a qualified, registered and insured legal professional should be sought.
If my advice or information has assisted you in any way - please click my scales.
thanks
[COLOR=red]Nat West Charges £1056 [B]WON[/B][/COLOR]
[COLOR=#ff0000]RBS Charges £3600 [B]WON[/B][/COLOR]
[COLOR=#ff0000]RBS Unenforceable Loan £18500 [B]Pending[/B][/COLOR]
[COLOR=#ff0000]RBS PPI on loan above [B]Pending[/B][/COLOR]
[COLOR=red]MBNA Credit Card [B]CCA & SAR Sent[/B][/COLOR]
[COLOR=#ff0000]Co-op Credit Card [B]CCA Sent[/B][/COLOR]
also... say they took me to court and in the unlikely event i lost, could i suggest that the punishment doesn't fit the crime because they lost no business there and nobody was obstructed. would i have to pay the ticket price and court fees? can they prove i agreed to enter the contract just by me parking there?
The sign says "contractual notice. Anyone who chooses to park here agrees to pay a £60 fine if parked without a permit" Does this mean i agreed to enter a contract with them?
If the sign specifically states "£60 FINE" then you can be confident they will take this nowhere near a court. As private company cannot fine you, therefore it would be reasonable for you to have ignored the notice. i.e. as it cannot be valid, why would you take any notice of it?
If the sign specifically states "£60 FINE" then you can be confident they will take this nowhere near a court. As private company cannot fine you, therefore it would be reasonable for you to have ignored the notice. i.e. as it cannot be valid, why would you take any notice of it?
Thanks for your help. It is my mistake. It doesn't say FINE it actually says charge. The signage is here in this image.
It also suggests that the charge applies to and is addressing "permit holders only" It also suggests that you need permission to park. As it doesn't say from who I need permission from, I took it upon myself to solve the situation and I settled on asking myself for permission to park there. I was very lucky that I accepted...
Also, the cheeky bar stewards have the nerve to call the invoice a pcn. Look what their "problem park kit contains"
5 large Warning To Driver signs.
20 polite warning stickers.
25 PCN parking tickets.
15 parking permits.
Full, 7-day support from our enforcement office.
£10 compensation for each paid parking charge paid back to you each month
honestly! how can they go about trading calling their "tickets" "PCN's". I am going to submit a complaint to the BPA via this address. aos@britishparking.co.uk I advise that anybody else who can be bothered complaining do so. this way if the BPA recieve enough complaints they will investigate and review this members status