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ManxRed

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Everything posted by ManxRed

  1. I would expect that they heard no more about it, otherwise I suspect they would have come back and asked what to do next. These tickets are legally unenforceable so ignoring them is by far the best policy.
  2. They need to vary the terms of your TA in order to enforce parking on any space in which you are entitled to park a vehicle. By clamping your car without varying the terms of the TA, they have breached the agreement and acted unlawfully, in committing a trespass against your goods. Tortious Interference with Goods is the legal expression. Unless they have varied the terms of any other TAs then they have no jurisdiction to enforce on the parking spaces themselves, only the communal areas. You should point that out to them, and point out that if you are forced into paying that you will be taking
  3. I think you've probably kissed goodbye to the £60, but no harm in writing to the manager of the shop (or CEO if a major company) explaining how your daughter was duped by a misleading invoice issued by their parking company and why as a result she or her family won't be shopping there again and will be telling all their friends. No harm in trying.
  4. Don't bin the letters, just in case. However file them away somewhere and forget about them, for nothing will happen. Do not contact them, ignore them and any subsequent scary letters they might send.
  5. Oh definitely. Highlighting the bluff of the PPC helps illustrate that its just that. A big bluff.
  6. The OP hasn't really breached a contract, they've parked in a space for which they weren't authorised to park, so in my view this is trespass, for which only the trespasee or an appointed solicitor can take action, a parking firm cannot do this, as they are a third party to the trespass.
  7. I'm not convinced 'Vehicle Contracting Services' could take you to court. It would have to be the landowner (presumably this is a trespass issue), or an appointed solicitor.
  8. Can you list what paperwork your husband has received and sent and when? It'll be something like 1. PCN from council, 2. (appeal from husband?), 3. rejection, 4. Notice to Owner from council, 5. (appeal from husband?), 6. Notice of Rejection, 7. Charge Certificate, 8. Order for Recovery, 9. Bailiff. When you say the warrant was for a different address, did you move house and not inform the DVLA (in other words, all the paperwork I've just listed has gone to some old address?)
  9. If this is a council ticket and you've paid then its game over I'm afraid. You may find that the contravention wasn't for not buying a ticket, it was not displaying a ticket, which if it has fallen off, is unfortunate but correct.
  10. Are they in the BPA? I know the BPA are relatively toothless, but at a time when they are trying to keep their noses clean, a quick letter or email to them stating what Ethical told you about the RK might see a stop to it. Worth a try perhaps.
  11. I wouldn't advise responding to the debt collectors other than to completely deny acknowledgement of any debt in respect of the original invoice from the PPC (Town and City?), and that they must refer the issue back to their client. That ought to see off the Debt Collector (although odds on it won't, although if they persist you could report them to the CSA or even worse threaten harassment on them). The real issue here is that even if a contract HAD been formed (which you could argue was not the case) then the redress for breach of any contract under contract law is liquidated damages (or a g
  12. Who was this letter from? Presumably it rejected your appeal and offered you the chance to appeal to PATAS?
  13. Yep, you can do that as far as I am aware. You can remove the clamp at your leisure once the car is off the private property. Leave the clamp there, let them know. They shouldn't be immobilising cars with blue badges.
  14. Are CCS Collect members of the CSA (Credit Services Association)? If so, probably worth registering a complaint with the CSA about this?
  15. Yes, the correct redress for breach of contract (which is what this is) is actual losses caused. In your case, that was clearly zero. Ignore them.
  16. TROLL ALERT++++TROLL ALERT++++ Happy Christmas Troll, I suspect you'll be extra busy over the Festive Season eh??
  17. Your credit rating can only be affected if (1) they take you to court (no chance), (2) you lose (even less chance), (3) you still refuse to pay up within 28 days of the court decision (completely within your control, but won't happen so don't worry). So, no, your credit rating won't be affected.
  18. This comes under contract law, under which you legally owe them their actual losses only, i.e. nothing. Contract law has not significantly changed for many many many many years, and probably won't for a long time to come yet. Nothing has changed, the advice is still to IGNORE.
  19. They would just overdraw it and apply a charge. The OP should get tough on the chargeback, but this is not guaranteed. However they should sink their teeth in very very hard.
  20. Do not accept this from your bank. They are wrong. Ask to escalate it (and keep doing this over and over), if they refuse, take a name and tell them that you want them to write to you and confirm that this is the end of the appeals process so you can contact the Financial Services Ombudsman.You have 120 days, not a few hours.http://www.which.co.uk/consumer-rights/sale-of-goods/your-rights-when-paying-by-credit-card/chargeback-on-credit-and-debit-cards/
  21. Try not to be fobbed off by them. The call centre people you hit first are programmed to reject any request you try to make. Keep escalating it. The line is that their merchant (the parking company) has misled you regarding your legal position, and that legally you do not owe them this money, however you have only just discovered this.
  22. I (cynically, perhaps) suspect the original poster may well work for the clamping industry, but if I have got this completely wrong then I look forward with interest to the day the OP comes back on for advice having been clamped themselves while parked legitimately in their own car park.
  23. I think you've missed the point slightly. I don't think anyone on here advocates parking on private property, or taking someone else's space. You're 100% wrong on that. This forum advises people where, for whatever reason, they have fallen victim to parking companies or clampers who then decide to enforce beyond what is laid down in legislation, be it trespass, contract law, or something else. If clampers operated within the letter of the law, this would be a very quiet forum. Now, toddle off and troll somewhere else....
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