Patricia Pearl - Small Claims Procedure - A Practical Guide


An excellent guide for the layperson in how to use the County Court - a must if you are intending to start a claim.

£19.99 + £1.50 (P&P)




BAILIFFS - The Law and Your Rights

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.

£13.95 + £2.00 (P&P)
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  1. #1
    Basic Account Holder Mousiemouth Novitiate

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    Default Parking without permit....7 months on!

    Last September whilst visiting my daughter in Edinburgh, I parked without displaying a permit (not knowingly..I had placed it on the dashboard and assumed, as it was very windy that night when I parked and dark, it blew out of the car without me noticing).
    Anyway, at 7 o'clock on a Sunday morning a parking ticketicon was put on the windscreen asking for 70. I hadn't paid this and had no further correspondence about it until 2 days ago when I received a letter from a recovery agency, now wanting 140! The day after the letter arrived this was followed by a phone callicon from same recovery firm. My husband is the named keeper and he thinks I should pay it. What do you think...I am mystified why it would take them 7 months to follow this through .
    Should I not have had letters from the parking people themselves before involving a 3rd party?
    I would welcome any advice from those who know better than me. Thanks.

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  2. #2
    Basic Account Holder intend Novitiate intend's Avatar

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    Default Re: Parking without permit....7 months on!

    Welcome to CAGicon. My advice is ignoreicon. Please read around other threads on here, wait for others to offer advice then make your own informed decision.

    Wold never communicate with a DCAicon. Who is the PPC in question??


  3. #3
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    Default Re: Parking without permit....7 months on!

    Mouse over the word ignoreicon and follow the advice given. I'm not sure about scotland, but In England and wales, it would be VERY stupid for a parking company to send it to a DCAicon and claim it is a legitimate debt.

    Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..


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  4. #4
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    Default Re: Parking without permit....7 months on!

    the law in Scotland makes it even harder for the parking company to try and enforce its contract and they should know that. There is also no law of trespass in scotland so they cant claim for damages by trespass either. How did they get your telephone number- If you are listed in the phone book then that would explain but if it isnt they have breached the Data Protection Act.
    Write to the DCAicon and tell them that the debt is denied and any further phone callsicon or demands from them will be treated as harassment and will result in both civil and criminal procedures against them.


  5. #5
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    Quote Originally Posted by ericsbrother View Post
    the law in Scotland makes it even harder for the parking company to try and enforce its contract and they should know that. There is also no law of trespass in scotland so they cant claim for damages by trespass either. How did they get your telephone number- If you are listed in the phone book then that would explain but if it isnt they have breached the Data Protection Act.
    Write to the DCA and tell them that the debt is denied and any further phone callsicon or demands from them will be treated as harassment and will result in both civil and criminal procedures against them.
    I don't know where they've got my phone number from as I'm not listed in the phone book. The letter I have is from TNC Parking Services, acting on behalf of their client, P4 Parking. I think they are a debt collectionicon agency with a 'parking services' division. The wording on the letter says '...their client P4 has instructed them to make recovery'.
    I read that a NTK has to be issued not later than 56 days after the NTD, since 7 months has elapsed since the NTD, and this is the first letter received, does that make their demands nul and void? Thanks to all for your advice.

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  6. #6
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    Default Re: Parking without permit....7 months on!

    ignoreicon them.

    Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..


    If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks
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  7. #7
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    Default Re: Parking without permit....7 months on!

    The fact that it relates to parking chargeicon from a private company, you can either ignore or challenge the legitimacy of the claim in writing. You are under no obligation whatsoever to engage with debt collectorsicon and they can do nothing other than make boring noises.
    Can you remember precisely where in Edinburgh you received this charge and I will look further into it.

    Furthermore there is no obligation in Scotland to name the driver. Therefore he could argue harassment with whoever appointed the parking agent.


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    Quote Originally Posted by Crocdoc View Post
    The fact that it relates to parking chargeicon from a private company, you can either ignore or challenge the legitimacy of the claim in writing. You are under no obligation whatsoever to engage with debt collectorsicon and they can do nothing other than make boring noises.
    Can you remember precisely where in Edinburgh you received this charge and I will look further into it.

    Furthermore there is no obligation in Scotland to name the driver. Therefore he could argue harassment with whoever appointed the parking agent.
    Thanks for that Crocdoc. I was parked at Springfield st, Eh 6 if that helps. Do you know if I am right about the timespan in sending a NTK?

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    Default Re: Parking without permit....7 months on!

    totally ignoreicon them in Scotland

    dx

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  10. #10
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    Default Re: Parking without permit....7 months on!

    Quote Originally Posted by Mousiemouth View Post
    Thanks for that Crocdoc. I was parked at Springfield st, Eh 6 if that helps. Do you know if I am right about the timespan in sending a NTK?
    The timespan is only set by the British parking Association who are of no importance as they are merely a represenative body of the private parking operators.
    Both of these comanies you mention are Members of the BPA, the address provided in Dalry /Gorgie is as far as I can see managed by P4. TNC as you rightly state are merely debt collectorsicon and have no legal status of any description, furthermore you are under no obligation whatsoever to engage with them. The only problem you may have is repeated phone callsicon, however you can always let them listen to Jeremy Kyle on the telly which in itself should drive them mad in a reasonably short period of time.

    You have two opitions, simply ignoreicon as DX states.
    Alternatively you could write and deny all liablity, then of course you could argue harrasment if the collection calls persist.

    Many people in Scotland have tried and failed to get these companies into court. As it stands there is nothing they can do apart from make threatening noises.

    I hope this information is of assistance.


  11. #11
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    Default Re: Parking without permit....7 months on!

    Thank you for that, another call today so a letter is on the way making all the points shared here.


  12. #12
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    Quote Originally Posted by Mousiemouth View Post
    Thank you for that, another call today so a letter is on the way making all the points shared here.
    Hello there,

    Got done in exactly the same place and got the 140 demand letter from TNC. How did you get on with them? Did you get off with paying after you sent the letter? Our employees both never seen any signs.

    Hopefully hear from you soon


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    Default Re: Parking without permit....7 months on!

    Hi mak. WHat country do you live in? There is different advice for you depending whether you live in scotland or england.

    Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..


    If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks
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  14. #14
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    Quote Originally Posted by renegadeimp View Post
    Hi mak. WHat country do you live in? There is different advice for you depending whether you live in scotland or england.
    Scotland.


  15. #15
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    Default Re: Parking without permit....7 months on!

    I parked there with a permit, it just wasn't showing.

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  16. #16
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    Default Re: Parking without permit....7 months on!

    I'm having the same sort of problem.

    I was parked in Edinburgh on private land but on the road,
    not in a bay or on any lines and I wasn't causing an obstruction.

    I'm guessing I got the ticket though as it's still their land.

    I received the parking ticketicon from p4 parking which I ignoredicon as advised.

    5 months later I got a letter from TNC parking services demanding that I pay 140.00 or challenge the matter within 14 days.

    I wrote to them explaining that I was on the road, but received another letter before my 14 days were up demanding I pay within 28 days
    or they'd pass this matter over to their litigation department.

    Some people say to just ignoreicon it but they know I was the driver so does that make it easier for them to take me to court?

    Also will the charge go up before I receive a court letter.

    I'm not sure about the Scottish law when it comes to this so any advice would be great!!


  17. #17
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    Default Re: Parking without permit....7 months on!

    as post 10

    now ignoreicon them
    willy waving

    dx

    Credit Reference Agencies:Experian Equifax CallCredit noddle<<<<CRA FILE INFO IS HERE<<<<
    fed up with DCA's calling get a TRUECALL BOX!! - HERE
    Sort Your Debts Now - - here

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    1. Single Premium PPI Q&A Read Here
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    my views are my own...seek legal advice if ness
    NEVER EVER - act on a private message asking you to visit another website, make contact 'off list' or by telephone
    - alert the siteteam IMMEDIATELY by hitting the black warning triangle on any message - Particularly if this results in a request to pay a fee to help you.


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  18. #18
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    Default Re: Parking without permit....7 months on!

    Have you had the phone callsicon yet?


  19. #19
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    Default Re: Parking without permit....7 months on!

    I've not had any phone callsicon. Are they still bothering you? Have you had any court letters yet?


  20. #20
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    Default Re: Parking without permit....7 months on!

    Still get calls from TNC but not as regular. Follow the advice offered on here, it's sound and sensible. Whereabouts were you parked (don't say exact street). How would they know it was you that was driving....?



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