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Everything posted by ManxRed

  1. And when they automatically tell you that you cannot do a chargeback because you entered your PIN, reply that this is rubbish (because it is), and ask to escalate it up the chain. Ask them which particular clause in their Ts & Cs state this. They won't be able to tell you.
  2. Get the landlord to check the lease for you - you only need to see the wording of the bits that relate to the parking space. It would be nice if you could write to the management company and tell them to leave your car alone in future.
  3. What does it say in your lease (or your landlord's lease) about your allocated parking bay? Does it mention that you have exclusive right to use this space, and not mention permits anywhere? Odds on it does but it would be good if you could confirm. If so, then the parking company have no jurisdiction to even operate their scheme on your space, and they have trespassed against you by placing a ticket on your windscreen. Why not tell them and the Management Company this, and point out to them that they only have the jurisdiction to operate such a scheme on the communal areas of the car park, or
  4. That scan is too small for me to read, who's it from? Only the original debtor (the landowner) or a solicitor acting as their agent can take you to court for this. If its from a Debt Collector then they appear to be b*llsh*tting you.
  5. WHat does it say on the signs in the car park? Is your receipt valid - it needs to have the name, signature and SIA number of the person who towed your car. You will need to find out who hired the clampers to operate at that car park. Who owns it, who manages it? As Crem says you then need to send a Letter Before Action to both the clamping company, and the person/company who hired them, for the latter you need to make it clear that you hold them jointly and severally liable for the actions of the clamping company, their agents. It seems very harsh to tow a car for not displaying a ticket prop
  6. Don't fight them, its pointless. If you want to fight them then why not sit back, collect all the empty threat letters they'll send and then report them to Trading Standards and the OFT? That'll have a better effect. Contacting them will only make them think you are taking them seriously and they will badger you even more. You may inadvertantly incriminate yourself to the point where they might risk court (unlikely but you MAY decrease the odds). Seriously, just ignore them.
  7. They can't sieze property without a court warrant, which they cannot obtain unless they take you to court, you lose, and then you still refuse to pay. And even then the warrant has to be executed by court appointed bailiffs, they can't do it themselves. So them clamping for unpaid invoices would be completely illegal.
  8. Credit Services Agency Code of Practice. Section 4 (j). By implying that they are going to sieze your car, they imply that they will obtain a court warrant, which requires legal action on their part, which clearly they aren't going to carry out (the 'civil proceedings mentioned in that section), they do not have the authority to bring civil action as its not their debt. Only the original debtor or a solicitor acting on their behalf can begin civil proceedings against you for this. http://www.csa-uk.com/media/editor/file/Code%20of%20Practice%202009.pdf
  9. Oh, and if you CAN record the calls then do. Feel free to chuck into the above dialogue that you have recorded the call. You DON'T need their permission upfront to do this.
  10. If you want them to go away, say this to them when they next call. "The debt is denied. Under CSA rules you must now refer the matter back to your client. Any further calls to myself will be regarded as harassment, and will result in a formal complaint to the CSA." Do not enter into a conversation with them. End the call. They HAVE to give up at this point. If they don't then they are on very shaky ground. By the way, in order to send a bailiff they need a court warrant. They cannot get a court warrant without taking you to court, you lose, and then you still don't pay up. None of this will ha
  11. Did you record that phone call? They really told you that????? Regardless of whether you did or not, make a formal complaint to the CSA about Roxburghe's telling you that they will send bailiffs if you refuse to pay an alleged debt which they know to be in dispute. Naughty naughty. By the way, they actually send the letters from Graham White as well, pretending that they are solicitors when in actual fact they aren't. Graham White have a large folder at the Solicitors Regulation Authority where they are under investigation for sending out thousands of hol
  12. The word 'Penalty' on the ticket also sinks it. You cannot claim penalties under civil contract law. It would last 30 seconds in a courtroom before being laughed out.
  13. Hi, this is actually an unenforceable invoice for breaching the terms and conditions of a contract (essentially any signs prominently displayed in the car park). It is not a 'fine' as no private individual or company has the statutory power to fine another individual or company. If it says 'fine' anywhere on the ticket or their signs then they're scuppered. Even if it doesn't, you need to know that the redress under civil contract law (which is what this falls under from a legal perspective) for breaching a contract is limited to their actual losses only, which in a free car park is zero, and
  14. What about the issue of the charge not representing a genuine pre-estimate of liquidated damages?
  15. Ask your landlord what it says in the lease with regard to parking. The odds are that it doesn't mention a permit at all, but simply refers to the fact that the landlord (and as tenant, conferred on you) has exclusive right to the space. Unless it specifically mentions the permit requirement in the lease, then the parking company and the management company have no legal right to police that space (and probably all the other spaces as well) and can only patrol the communal areas of the car park. In fact the parking company is trespassing by stepping onto your space to put the ticket on the wind
  16. Do you own the apartment? Do you have a leasehold?? If so, what does it say in the lease about the parking space and your right to it? In any eventuality, the redress for breaching their terms is limited to the actual losses suffered by the landowner as a result of you parking there (in your own space?), so they can only claim actual losses = zero. They CANNOT fine you. No private individual or company can 'fine' another private individual or company, such is Civil Law. You have been advised to ignore the ticket, and this is correct, but in preparation fo
  17. They have, but with differing degrees of success, dependent on the local TS in question and their resources/clued-upness of the whole private parking MO. However every little helps and the more people that complain then the less they can ignore it, so please do write. While you're at it, complain to the CSA (Credit Services Association) about the DCA assuming they are a member.
  18. A real ticket would have to have an alleged offence and date on. However this isn't a real ticket. This is a speculative invoice from a private company dressed up to look like a parking ticket. It is completely unenforceable and you should ignore it, and ignore all the scary threatening letters you will receive over the next few months, all of which have no basis in law and are actually designed to scare you into paying money that you don't legally owe them.
  19. Sometimes replying, even if to just say that you are going to ignore them, gives them the impression that you are taking them seriously and encourages them to send you even more junk mail than they normally would. It also shows that there is a real person on the end of the address (as opposed to a barrister, judge, chief constable, etc. that they have no idea about if you ignore and never respond). I would just ignore them.
  20. Does it mention any Traffic Legislation at the top, for example the Road Traffic Act? Is it called, specifically, a 'Penalty Charge Notice'? If not, what is it called?
  21. If I send her some legally baseless letters claiming she owes me some money will she send me some too??
  22. Not going to argue with you that the BPA are relatively toothless, but the difference in your example and the one here is that the CPR 3.16 issue is not covered by their CoP, and hence it is understandable why they would do their best to sidestep that. However the issue of claiming that the RK is liable is a breach of their CoP (B13.1 (a), and referenced in B9.4). If the OP wishes to push hard enough he could get the BPA to take action, even if its just a slap on the wrists. As Tesco's say, Every Little Helps...
  23. Seriously? It says that?? Definitely report them to the British Parking Association for misleading you on your actual legal position in relation to these invoices (and refer to the ticket specifically as an invoice, not a ticket). Even though the BPA is a toothless boy's club they are trying to keep squeaky clean at the moment and won't want anyone breaching their code of practice by sending letters like this out. Also, report Roxburghe's to the Credit Services Association (CSA), again for misrepresentaing your legal position.
  24. Firstly, don't confuse debt collectors with bailiffs. Debt collectors are powerless and can only politely ask for money. They cannot turn up, and take your telly and stuff. Bailiffs do that, but only with a court warrant, which isn't going to happen in this particular case. If the Debt Collectors phone again you can tell them that the debt is denied, and that they must now refer the case back to their client. If you receive any further contact from them you will treat this as harassment and take appropriate action, and you will also file a complaint with the CSA (Credit Services Agency - I ass
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