Private Parking Tickets - General discussion points

[cps73]

Thanks Lamma,

 

I have searched the Data Protection Register and the number they quote on their letters does not return any results.

 

Is this illegal?

 

Regards

[lamma]

In my opinion ALL discussion of their 'legal jargon' should now cease on the board. that means PMs as well as posts in threads. (From previous posts by CPSers on here it seems they know when people are accessing their PMs ) They are the standard Combined Parking Solutions 'arguments' (which many regard as rubbish). Post #150 gives you more than enough ammunition. CPS also have been challenged publicly to put their 'legal opinion' to the test in court against a pepipoo regular. They refused to pick up the gauntlet for some reason . let CPS find out the hard way in court. meanwhile post any more letters you get - if they are mad enough to proceed to court you can produce a print out of this thread

[cps73]

I think I'm getting confused by your references to CPS and my login of CPS73.

 

Could you please clairfy your last post?

 

Thanks

[lamma]

CPS (no 73 on the end) = Combined Parking Solutions as mentioned above. Have search here and on google for them. and for 'perky'

[letshelp]

Hi CPS,

 

My comments:

 

All letters, just love the fact they call themselves, 'The Agency', don't think they are trying to copy official bodies do you????

 

Letter 2) The Road Traffic Act 1991 refers to enforcement authorities, meaning cops and local authoriities, not mickey Mouse Agencies. So do you think they are trying to copy official bodies, again???

So therefore if 'The Agency' was a lawful enforcement Authority and not a Mickey Mouse Agency, then the registered keeper would be liable, but as they are not, the RK is not.

Their assumption that the RK is the owner is contrary to the advice given by the DVLA, but it sort of props up their argument.

Letter 3) Wouldn't they just love to be able to, 'register the debt with the county court', and then simply, 'place the debt with bailiffs'. I didn't read the part were they would have to issue a county court summons, present and win their case, then you fail to pay the judgement. I suppose that doesn't support the threats in their letters though!!

Letter 4)

I see that your letter has provoked a reply from a, 'Unidentified person' from 'PCPEA', of the sinister, 'Section 4RB' What a bunch of bankers:D

Then the dreaded, FINAL DEMAND'

And the threat to present, 'all letters sent and received', Yeah like they would really want a judge reading the load of B*llocks thats been posted on here.

Just ignore anything other than a REAL County Court summons then post back here.

regards

[cps73]

Thanks very much letshelp.

 

I will certainly be ignoring everything until the next one drops on the mat, at which point I will post that up on here too.

 

Regards

[letshelp]

Almost forgot, on page 4 of the five page letter, under the title, 'Refusing to pay'assist', £50 or £60 is a, 'minor issue'. Well I suppose it is when you [problem] thousands of people. It goes on, 'A court could see defendants as being obstructive as having something to hide', It could also see that a person has the right not to respond to threats that have no legal status.

I'm sure a judge would love the fact that, 'the agency' is telling them what to infer from your non co-operation!!!!

Section 143 WTF has it got to do with a private parking company, sorry 'The Agency', if you or whoever uses your vehicle is insured or not? Absolutely F/All thats what.

Rant over.

regards

[sunbeamshadow]

Well, I finally got the letter after a long wait and as promised here is the letter with all my details removed. Any advice on the next steps?

 

Fed Up And Broke - Did you do anything when the "You Must Not Ignore This Notice" came through the letter box?

[crem]

Fed Up And Broke - Did you do anything when the "You Must Not Ignore This Notice" came through the letter box?

 

Why should he have?

[letshelp]

Where it 'orders you', DO NOT IGNORE THIS NOTICE, I have to ask are you in the habit of complying with orders from complete strangers?

If you remove the DO NOT bit from in front of the title, you have the best advice.

Keep the notice in a drawer for any future reference. If you see that it is addressed to the, Driver, Hirer, Owner, it therefore follows that it could be any one of three people, so for instance, the driver might not be the owner and therefore cannot bind a third party(such as the owner) to a contract.

Hope that makes sense.

regards

[lamma]

Don't ignore it. Every few days take it out of the drawer and laugh at it.

[sunbeamshadow]

Crem, if you read what I asked - I am not suggesting he should have done anything - I am asking him if he did do anything!

[overandout]

hello everyone,wow what a great forum! heres my problem.

have been issued with a parking notice on my car last week from w j parking. says i had no permit. £100 reduced to £70 if paid within 2 weeks. The parking ticket was placed on my car minutes after the time of the parking bay was out(so it says on the ticket)! (its free parking between 8pm-8am) i have since noticed also they that have put the wrong street name on the ticket.(does this void the ticket?) and also is it up to them to prove who the driver of the car at the time(not the registered keeper?) the problem being this is a works car, and other members of staff drive the car! any advice would be great ??

Edited November 11, 2008 by overandout

[crem]

Were W J Parking acting as an agent for the council or operating as a PPC? The difference is very significant and will affect the advice you are given.

[overandout]

would it say anything on the ticket if it was from the council? because looking at it it looks just like a ticket from w j parking! states nothing about acting on behalf of the council?

[overandout]

hi crem, the parking ticket is exactly the same as the one shown in this thread, although the details written in are different! hope this helps.

http://www.consumeractiongroup.co.uk/forum/parking-traffic-offences/154155-wj-parking-pcn.html

[xxJONESxx]

First of all, I would like to thank all posters on this site, for their valuable advice. Makes very interesting reading

 

However, I now need some advice

 

I had a Private Parking Ticket for parking out of bay.

 

I've sent the basic template letters several times confirming that I am the registered keep and that they have to take this up with the driver.

 

Which basically got completely ignored and was refered to a debt collection agency

 

I replied with the template for that referring them back to the client.

 

The debt collection agency then sent me "photographic evidence".

 

I then phoned the debt collection agency saying that they have to provide proof of the driver.

 

This is when things got interesting.

 

The staff member in question advised me that under case law from the 14th of October of this year, that as the keeper of the vehicle, I had to name the driver. I queried this as I did not think this to be true. Conversation got slightly heated and the call was ended.

 

I was a bit silly and didn't get the staff members name

 

So I phoned again and spoke to an Anne. I queried Anne several times asking to clarify the situation regarding having to name the driver as the registered keeper. After several attemps by Anne to get me to admit being the driver, she advised me that this is not the case. Anne point blank refused to supply her surname, advising that she is the only Anne within the team.

I'm currently drafting a written response to their "evidence".

 

Any advice on what should be in this letter [and what shouldn't].

 

I haven't even got the the point where I'm going to point out the following

 

However, to avoid further correspondance on this matter, please note that if the land owner were to somehow establish in a Court that a contract was generated by a driver electing to park - the only outcome their land owner would have for a breach of any conditions they implied would be for any loss and/or restitution of any damage that occurred as a consequence of parking which you can see from the photo evidence that you have supplied is zero, as the car is not parking across two bays or impeding access in any shape or form, so there is no loss to the land owner.

 

Basically I parked slightly forward in an odd shaped bay so that two cars could park there instead of one.

[lamma]

"under case law from the 14th of October of this year," complete and utter bilge at best, deliberate lies at worst. was this CPS by any chance ? sounds like their crack in-house legal team in action.

[nimbo]

The staff member in question advised me that under case law from the 14th of October of this year, that as the keeper of the vehicle, I had to name the driver.

 

This seems to relate to the Oldham case conducted by the ubiquitous Perky. I would be amazed if the decision held that there is any obligation on the RK to name the driver. The newspaper article on the case does not mention that. Nor is there any legal basis for such a ruling whatsoever. So unless the judge had a flight of fancy, and decided to make some dubious new legal rule, then this has to be delierately misleading information designed to trick the RK into revealing information. The PPC should be very careful: attempting to mislead in this way (if that is what it is) may well get them into serious hot water if they persist with this approach.

[cps73]

I was wondering if anyone could answer this, just as a matter of interest..

 

Assuming that one of these PPC's actually go the whole hog and end up sending a Court Summons to someone who is not at fault, (ie. the RK not the driver), are there grounds for counter claiming in Court for wasted time, money, travel, etc?

[xxJONESxx]

Question

 

It was the debt collection agency who said that I had to name the driver rather than the PPC. Does this make a difference?

 

I'm going to reply again to the debt collection agency referring them back to the PPC as photographic evidence of the car isn't evidence of the driver

[lamma]

yes, it means they are desperate. Of course you have no liability or obligation whatsoever to give that information to them. Of course if you do have that information you could offer to sell it to them (with the agreement of the actual driver as it is personal data) for a price of your choosing. 500 pounds, a 1000, 1500 ? if they choose not to take you up on your offer that is their choice which they are perfectly entitled to make.

[hansolo]

Hi this was my original post but in a different thread,

 

 

Re: Private Parking Tickets - Template Letters - If you wrote before finding this site.

hi, can anyone help please, i recieved a parking ticket whilst parked in cornwall in a private car park in july foe £70, i had purchased a ticket but it fell to to floor by the gearstick of the van when i exited the vehicle via the rear doors, unknown to me. it was visible if you looked through the side window.

I appealled to WJ Parking with no luck (but now realise that was a waste of time anyway).

Since i have recieved letter from CCS Collect stating they are authorised to prepare documents for county court proceedings & no dobt legal fees costs & intrest will be added to the debt, with other refrences to credit problems & mortgages etc if i do not pay.

I ignored the letter after reading various things on the internet.

I have now recieved from 'Charles Howard & Partners' a PRE LEGAL NOTIFICATION, & failure to make contact or imediate payment of £130 debt + £160 costs may result in enforcement action via the county court.

Any advice on what to do next will greatly recieved

 

 

Lamma replied

 

we have seen lots of these. people ignore them all the time.

the 'appeal' was, as you say, a mistake.

 

 

 

Thanks for the reply, i was wondering if it would be best to reply using 1 or more of the letter templates, or to continue to file the letters in the draw & ignore, i cant help but think i will get another letter that looks like its from solicitors with more costs added? As the ticket was not on the dashboard i feel as though they may have a case?

 

regards

[lamma]

you paid - no one suffered any loss. so what case do they have ?

[overandout]

As i posted in my last thread, i had a ticket from w j parking too. i have noticed they have put the wrong street name on the ticket (or invoice) of the car, and am i also correct in thinking that they have to prove who the driver was at the time, as i have a few cars regestered in my name which other people drive for work.if so how would they go about doing that? if they can't prove the driver do they have a case?? (taking into account they have the wrong street name aswell?) cheers overandout x