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5kywalker

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Everything posted by 5kywalker

  1. So the defence in court, should it get to court would be that as the RK I have no obligation to say who was using the vehicle. Add to this fact I was in another country at the time and this is evidence I can prove with airline reciepts and hotel bills. Its a fairly sound footing? And what of credit ratings, does anybody have any experience of recieving a bad credit rating as a result of dealing with the afformentioned?
  2. This is correct. Just seems a little grey that area. Is it not by law the responsibilty of the RK to ensure all business involving the vehicle is in order. For example, if I were to rent a car and get a speeding fine, the fine is passed to me, not to the hire company who are the RK of the vehicle? So does this not apply the same in the case of a parking charge notice?
  3. So, I too recieved a letter dated 24.9.09, from Roxburghe Debt Collectors. Also indicating the intent to pass the matter to Graham White Solicitors. Sum £160. I have to say its concerning, especially since I am not the registered keeper. And at this stage I worry that the debt will affect the 3rd parties Credit rating. Though at this stage even if I pay the amount, I suspect if a Credit record has been changed, it is unlikely to be altered even if I pay. So are we all going to court then? I worry, nobody on this forum seems to write about court experiences, does anybody make it that far or do they a) all pay before it escalates b) eventually never hear about it again Im worried.
  4. Hi, I'm currently trying to defend a parking ticket I recieved for a permit I displayed with an incorrect date. The company in question is, Vehicle Control Services Limited. They provided a parking charge notice, not a penalty charge notice. I read your advice and waited for the letter to arrive. To which I replied using the original templates, stating, in one letter that I chose to take up the role of communication rather than my farther, and in the second letter, "You need to take this matter up with the driver concerned. In the meantime he absolutely denies your claim that the amount claimed or any amount at all is due to you from him. " I have since which recieved another letter, "We note your use of the template letters found on certain consumer advise forums....." A decision was recently set in the case of Combined Parking Solutions v. Mr stephen J Thomas.... We maintain that as a registered keeper of vehile XXX, it falls within your farthers responsibility to be aware.... we shall continue to persue him... ... you and the registered keeper are called on to act in a manner which facilitates the successful resolution of a dispute or claim. ... We are obliged to inform you the failure to comply may result in issue of court proceedings...." I intend to fight this all the way. I just worry that they have a photo with the incorrectly displayed permit in my window. Would a photo of this nature imply knowledge of the rules and therefore my entrance into a contract? I intend to reply and would like some advice as to how to pose the return letter. You appear to claim that my farther entered into a binding contract with you. Please provide evidence that your purported contractual terms were communicated to my farther in a way that he read, understood and accepted them prior to leaving his vehicle. Even if my farther did - which he denies - it is his claim that the charge you allege he must pay you is unenforceable at law being an unlawful penalty charge. I also wish to draw your attention to legislation which states, 1.Penalty clauses which allow the trader to claim more than their actual losses when a consumer breaches the contract. Your claim represents a claim for damages for breach of your purported contract Your penalty charge of £80 bears no correlation to the damages you have allegedly incurred. I note that you have increased the amount of the alleged debt. Given that you have failed to substantiate and support your claim that my farther is indebted to you; this is unreasonable, inappropriate and, quite probably, unlawful. In addition to my farther previous denials he absolutely denies any liability to you for this additional sum. I would really appreciate some advice. Thanks.
  5. Not trying to keep my farther out of the loop. Just if the ultimate responsibility fell on my plate, it would be more ideal. At the end of the day, if I decide to refuse payment and it goes to court, its his time thats wasted. Thanks anyway. Think I will respond to the letters, with the template letters and send a cease and desist letter.
  6. Hi, I've read throught this thread extensively and would like to post my case for all the very helpful people on this site to view and advise if possible. I parked my car recently on a private parking area in front of a friends house, using a permit supplied by my friend. Ratherly stupidly I opted to change the date on the permit from the previous day to the day I was now wanting to park on. A foolish mistake. I arrived back to my car to find a 'Parking Charge Notice' as shown below. I would have been irritated but perhaps willing to settle the charge there and then, until I realised that the charge was £80- a figure I firmly believe is totally disproportionate to the supposed offence commited. I have since which read through the posts on here, and another forum with a 'PCN' exactly the same as mine and it would seem I have no reason to pay this fee. The only small issue here, is I am not the registered keeper of the vehicle. Indeed it is my farthers and i'd rather not have to concern him with the matter too much. I'm sure he will support me, but its the principle of the matter more than anything. He is currently out of the country- an interesting point, since he could quite concievably prove he was not able to commit the offence. It also occcured to me that all the postage involved in fighting this using the letters in this thread, which by the way are very helpful, but only seems like extra cost (registered mail) to me and time I dont wish to waste on these so called 'fraudulent bullies'. If someone could kindly advise. I have to say this thread restores some faith in goodwill and society, after a rather bitter taste I had immediately after the reciept of this notice... Many thanks again in advance.
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