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    • it is NOT A FINE.....this is an extremely important point to understand no-one bar a magistrate in a magistrates criminal court can ever fine anyone for anything. Private Parking Tickets (speculative invoices) are NOT a criminal matter, merely a speculative contractual Civil matter hence they can only try a speculative monetary claim via the civil county court system (which is no more a legal powers matter than what any member of Joe Public can do). Until/unless they do raise a county court claim a CCJ and win, there are not ANY enforcement powers they can undertake other than using a DCA, whom are legally powerless and are not BAILIFFS. Penalty Charge Notices issued by local authorities etc were decriminalised years ago - meaning they no longer can progress a claim to the magistrates court to enforce, but go directly to legal enforcement via a real BAILIFF themselves. 10'000 of people waste £m's paying private parking companies because they think they are FINES...and the media do not help either. the more people read the above the less income this shark industry get. where your post said fine it now says charge .............. please fill out the Q&A ASAP. dx  
    • Well done on reading the other threads. If ECP haven't got the guts to do court then there is no reason to pay them. From other threads there is a 35-minute free stay after which you need to pay, with the signs hidden where no-one will read them.  Which probably explains why ECP threaten this & threaten that, but in the end daren't do court. As for your employer - well you can out yourself as the driver to ECP so the hamster bedding will arrive at yours.  Get your employer to do that using the e-mail address under Appeals and Transfer Of Liability.  
    • good you are getting there. Lloyds/TSb...i certainly would not be risking possible off-setting going on if a choice were there, but in all honestly thats obv too late now..., however..you might not never be in that situation so dont worry too much. regardless to being defaulted or not, if any debt that is not paid/used in 6yrs it becomes statute barred. you need to understand a couple of things like 'default' and 'default notice' a default is simply a recorded D in the calendar section/history of a debt, it does not really mean anything. might slightly hit your rating. the important thing here is a default notice , these are issued by the original creditor (OC) under the consumer credit act, it gives you 14 days to settle whatever they are asking, if you don't then they have the option to register a defaulted date on your credit file. that can make getting other credit more difficult. and hits your rating. once that happens, not matter what you do after that, paying it or not or not paid off or not, the whole account vanishes from your credit file on the DN's 6th b'day. though that might not necessarily mean the debt is not still owed - thats down to the SB date above. an OC very rarely does court and only the OWNER of a debt can instigate any court action (Attempted a CCJ) DCA's debt collection agencies - DCA's are NOT BAILIFFS they have ZERO legal powers on ANY debt - no matter what it's TYPE. an OC make pass a debt to a dca as their client to try and spoof people into paying through legal ignorance of the above statement. an OC may SELL on an old debt to a DCA/debt buyer (approx 10p=£1) and then claim their losses through tax write off and their business insurance, wiping their hands of the debt. the DCA then becomes the debt OWNER. since the late 70's dca's pull all kinds of 'stunts' through threat-o-grams to spoof a debtor into paying them the full value of the debt, when they bought if for a discounted sum (typically 10p=£1). you never pay a dca a penny! if read carefully, NONE of their letters nor those of any other 'trading names' they spoof themselves under making it seem it's going up some kind of legitimate legal 'chain' say WILL anything....just carefully worded letters with all kinds of threats of what could/might/poss happen with other such words as instruct forward pass... well my dog does not sit when instructed too...so... DCA's SOMETIMES will issue a court claim, but in all honesty its simply a speculative claim hoping mugs wet themselves and cough up...oh im going to court... BIG DEAL DCA - show me the enforceable paperwork signed by me...9/10 they dont have it and if your defence is conducted properly, most run away from you . however before they do all that they now have to send a letter of claim, cause the courts got fed up with them issuing +750'000PA speculative claims and jamming up the legal system. so bottom line is two conclusions.... if you cant pay a debt, get a DN issued ASAP (stop paying it!) make sure it gets registered on your file then it stops hurting your file/future credit in 6yrs regardless to what happens (bar of course a later DCA CCJ - fat chance mind!)  once you've a registered DN , then look into restarting payments if the debt is still owed by the OC, if SOLD to a DCA, don't pay - see if they issue a letter of claim (then comeback here!).        
    • Any update here?  I ask as we have someone new being hassled for parking at this site.
    • Any update here?  I ask as we have someone new being hassled for parking at this site.
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PPM/gladstones Claimform - 2 PCNs fallen permit - Flats Winterthur Way Basingstoke


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Hi all,

 

I have recently moved to the Winterthur Way development in Basingstoke.

 

I rent a property which includes a parking space.

It wasn't until I moved into the flat that I was given a parking permit and told to use it when parking in my allocated space (This was something that was not mentioned in my tenancy agreement!).

 

After moving in I received 2 x £60 parking charge notices for using visitors spaces (Returning within a 48 hour period) to drop off my furniture.

 

I used the visitors space as I had to use a different car of a suitable size to drop the furniture off.

Also my space isn't near my flat its further up the road.

 

I kind of understood as I could have possibly been using a space that someone else could have been using, all be it for a very short period of time.

After paying these two charges from PPM I thought it was over !

 

Two weeks later as a result of having to pay £120 to PPM straight after moving in I had to do overtime at a weekend so I was able to pay next months rent.

 

The overtime meant staying away with work from the 8/07/2017 and returned on the 11/07/2017.

When I returned on the evening of the 11th I have been met with 2x PCN from PPM on my windscreen whilst I was parked in my own space.

 

Straight away as I approached the car I have seen my permit was not stuck to the top of my windscreen where it was before I left.

Both PCN's are for 'Not displaying a valid permit' one for 09/07/2017 & 10/07/2017.

 

I thought this surely wont be an issue I will just send them evidence of where the permit had fallen (A video from my phone was sent) also a picture of my valid permit.

 

After all it is my space and unlike the visitors spaces I could not have inconvenienced anyone as it is 'MY SPACE'.

They should just accept that and cancel the charges.

To my surprise I have an email from PPM stating my appeal has been rejected !

 

PPM is now giving me the option to appeal to the IAS but from my understanding I don't stand a chance appealing to them either?

 

I don't really have the cash to pay the 2 x £60 at a reduced rate.

Let alone £200 if the appeal to the IAS fails.

However I really do feel they can't do this.

 

Any help is greatly appreciated.

 

I understand I probably haven't included all the information you guys need to help but I am also not sure where to start.

 

I have included the response from PPM in a ZIP file with my name and REG edited out. Just let me know what you need and I will post it up !

 

Regards,

 

tissot

docs1.pdf

Edited by dx100uk
zip file converted to PDF and properly redacted.
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mug why did you blindly pay them....

your tenancy gives you supremacy of rights far greater than theirs over stupid speculative invoices which they haven't even probably got a contract with the LAND OWNERS to even issue or create contracts in their own name.

 

can you complete this please

one for each.

http://www.consumeractiongroup.co.uk/forum/showthread.php?462118-Have-you-received-a-Parking-Ticket

 

and go do a chargeback on the sums you've paid them.

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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I know and don't I feel like one !! I have never had to deal with anything like this so was blind sided by them into paying it.

 

Not until I have done a bit of research that I have realised I could have fought it.

 

I shall fill the details out as requested.

 

For a windscreen ticket (Notice To Driver) please answer the following questions....

 

1 The date of infringement?

- 09 & 10 July 2017

 

2 Have you yet appealed to the parking company yet? [Y/N?]

- Yes, they have rejected and I now have the option to appeal to the IAS

- Here is the appeal statement I sent them via their online appeals form (Sent on 11/07/2017).

 

"Due to the extreme heat on the 09/07/17 reaching 26 degrees Celsius and the car is in direct sunlight all day, the adhesive used for my permit has become unstuck and the permit has fallen off the window and down by the drivers seat of the car. I have not seen this as I have been away for work over the past few days. This is in fact my reserved space as I live in XXX and I do have a valid permit for space XXX. Please see attached video as proof. I can also provide proof of address and witness statements stating that this is my space. I have tried to attach evidence but it wouldn't send over this form. I have sent an email to XXXXXXXXX with the evidence, Under Subject 'PCN Appeal XXXXXX & XXXXXX'

 

has there been a response?

- Yes please see my first post I have attached PPM's response

 

Who is the parking company?

- Parking and Property Management Ltd

 

where exactly [Carpark name and town] did you park?

- Winterthur Way, Basingstoke

......................... ....

 

Is it even worth me trying to go through the IAS? Reading up on other threads there doesn't seem much point. However if I word the appeal correctly is there any chance of it getting thrown out?

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Playing devils advocate here on your appeal

( I agree you shouldn't pay these bar stools.

 

Please provide evidence that the adhesive strip fails at the temperature you state.

 

Please explain under what regulations you must affix said ticket to a windscreen when you could of stuck it to the dashboard therefore alleviate it from falling!

 

Remember I'm playing devils advocate

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Devils advocate is definitely a good idea.

 

Good question about the tape. I just assume this was the reason it fell as it was so damn hot! Truth be told I couldn't tell you what the manufacturer or type of tape it is. It was just in the draw! I now understand it was naive of me to assume this was the reason.

 

Point to note is that I used double sided tape as I remove it when I use the car as the Permit has my bloody address on it! So it couldn't be anything permanent. As I don't really want people to know where I live.

 

The sign says 'Vehicles must display a valid permit in the front windscreen at all times appropriate for the area in which you are parked'

 

So not stating specifically I have to affix it to the screen. I just followed what everyone else around me was doing.

 

Basically I now realise what I told them doesn't mean squat!

 

I just thought as I had a valid permit and it's my space I could easily get this cancelled.

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doesn't wash as then they shouldnt be driving.

its a stupid thing to admit too

 

 

you don't need any excuse

your supremacy of contract overrides their claim..

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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doesn't wash as then they shouldnt be driving.

its a stupid thing to admit too

 

 

you don't need any excuse

your supremacy of contract overrides their claim..

 

Are you saying that people that cant read or write shouldn't drive???

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to a degree - you must be able to understand road signs to pass the test

much like the eyesight requirement

 

 

but anyway

its totally immaterial.

 

 

supremacy of tenancy over rides their non exist parking contract.

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Your right its immaterial

The interpretation of signs is not reading.

According to the gov website and department of transport..

Assistance will be given to those people who require it. This includes conditions such as dyslexia, those who struggle or cannot read and/or write and those who English is not their 1st language.

Assistance could be having a reader supplied for you, the test in your 1st language or extra time granted.

 

I ask you to retract your comment on people who cannot read or write shouldn't be driving.

I think you'll find your comment goes against equalities act and therefore forum rules.

 

The ability to interpret a sign is different than reading a painted banner saying village fete next sat

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oh stop playing silly games on every thread you go on..

 

 

that's not what I said

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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https://www.nidirect.gov.uk/articles/taking-your-theory-test-if-you-have-special-requirements

 

Its not silly games

I dont care if your site admin

Your statement is wrong and goes against the equalities act and therefore site rules. Your comments have been reported but they'll prob go to your inbox for inspection....

 

Trying to make someone look at a problem from a different angle or throwing up a counter argument as a devils advocate is not " silly"

I think you need to look up the definition of "forum"

 

What it does is strengthens the posters argument and stops loop holes that the offending party could try to use....

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I could possibly use that, can I just confirm I am literate and my first language is English, however as I didn't state that in my initial appeal to PPM I don't think I can change my story to the IAS.

 

I think best bet it trying to prove that they aren't legally allowed to give me a ticket!

 

I want to try my hardest to nip this in the bud at the IAS stage so I don't have to go down the route of gladdys then court. Which seems to be the common route for PPM!

 

I have attached the section on parking from my tenancy agreement, does this help at all?

IMG_20170717_170826.png

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that agreement nicely overrides their silly speculative invoices

sadly it wont matter what you sent to IAS

 

 

IAS are run by the same 2 that run gladdies, if you go read like threads.

 

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Share on other sites

I haven't appealed to the IAS yet, what is my best course of action?

 

Appeal to IAS anyway with a statement that will hopefully scare them off and hope?

 

Just leave it and wait for the letters from gladdys?

 

Or try and write to the land owner/management company to see if they can get PPM off my back?

 

I don't suppose anyone could elaborate on 'Supremacy of Contract'?

 

What it means and how it works?

 

I can see it being mentioned in a few threads however cant find anything specifically on the subject.

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Parking Pranksters was most helpful, so correct me if I'm wrong as my rental 'Tenancy Agreement' does not state anything to do with parking permits this over rules their signs saying I'm entering into a contract with them?

 

I have also had a quick look for planning permission in my area and can't find anything to do with signage for parking?

 

Does a parking company need planning permission to put up signs on private land?

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I have also had a quick look for planning permission in my area and can't find anything to do with signage for parking?

 

Does a parking company need planning permission to put up signs on private land?

 

Good point, tissot. Hopefully the guys will be along later.

 

HB

Illegitimi non carborundum

 

 

 

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please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Share on other sites

have you gotten that chargeback done yet for the one you blindly paid?

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Share on other sites

have you gotten that chargeback done yet for the one you blindly paid?

 

I have paid on two separate occasions for using visitors spaces as I didn't read the signs when I first moved in so slightly different circumstances.

 

Not sure how to proceed with a chargeback on those ones?

 

I didn't want to clog up this thread with that issue as well.

Edited by tissot
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ring your card provider

tell them you had a valid parking permit

and that you were forced to pay under duress by a debt collection agency that rang you and said they take your car if you didn't pay

of which yo now know different and you've found you've been s.cammed

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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That simple? I shall try this tomorrow and let you know how I get on.

 

Would there be any sort of official process or fraud prevention measures taken meaning I have to show evidence of being [problem]med?

 

Now I see what the dot is about!

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well you've got that

proof of tenancy and right to a parking spaced in your agreement end of.

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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