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.
First post here - great site with lots of info but i could do with some advice on exactly how to frame my arguments!
Moved into my flat about 8 months ago, have had the parking permit for our space displayed on the dashboard of the car since then. Its a small laminated card, no way of sticking it to windscreen and it lies in a small dip on the dashboard so that it doesnt slide about... no problem you'd think.
In the last two months Ive recived two tickets for parking without a valid permit. These have been backed by photo evidence where the cunning parking-company monkey has managed to find an angle at which the pass cannot be seen on the dashboard - (actually quite hard to do when I tried to replicate the photos)
Despite the fact that in both cases he must have seen the pass as he stuck the ticket on the car! I have taken photos demonstrating the problem and sent them to the company (OPC) with a polite letter of appeal but apparently their word is final...
I already pay for the space and so consider I have authority to park there, and am fighting this since i object to what seems like screamingly disengenious exhortion (50 for each 'offence' rising to 100 if not paid
The notices came in packets, in yellow and black with the following message: PRIVATE PARKING NOTICE ENCLOSED it is an offence for any person other than the owner or person in charge of this vehicle to remove or interfere with this notice.
Is this legal for a private company?
I really dont see how they can both enforce this penalty and arbitrate on the appeal and evidence: is there an independant body I could go to who could decide on the matter - short of courts, (although given how furious I am about this I am quite prepared to go that far!)
I also cant see why they can justify charging of a large sum for me to park in my own space, as surely no-one was inconvenienced by this (I am the party they are supposed to be protecting from inconvenience caused by non-permit parking)
Would appreciate any smart peoples thoughts on how to frame my next polite TTFO letter
The notices came in packets, in yellow and black with the following message: PRIVATE PARKING NOTICE ENCLOSED it is an offence for any person other than the owner or person in charge of this vehicle to remove or interfere with this notice.
Is this legal for a private company?
No. It doesn't sound like anything they have done is legal. If this were me, I would treat it exactly like I would credit card. Tell the police exactly what you wrote above: if they say it's a civil matter, ask them to explain why it isn't fraud.
Number 4, Stygia Avenue, Hell...come in, we have beer and Pringles.
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Re: two tickets for parking with a valid pass
Impersonating a legal document too ("It is an offence for any person..."), obtaining monies by deception for misleading people into thinking that they have committed an offence when they have only breached a contract that may be unenforceable in the first place...! I don't know how these clowns get away with it.
I liken it to this. If a complete stranger came up to you in the street and said, "I'm official in some capacity. You MUST give me all the money on you, right now," would you dig down for your wallet? Would you hand over the money meekly? Or would you demand to know who this person was, in what capacity they were working, for what reason you had to give money, and the specific law that said that this person was allowed to collect it from you? It bewilders me that people don't ask these questions, but simply pay up.