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    • Thank you for posting up the results from the sar. The PCN is not compliant with the Protection of Freedoms Act 2012 Schedule 4. Under Section 9 [2][a] they are supposed to specify the parking time. the photographs show your car in motion both entering and leaving the car park thus not parking. If you have to do a Witness Statement later should they finally take you to Court you will have to continue to state that even though you stayed there for several hours in a small car park and the difference between the ANPR times and the actual parking period may only be a matter of a few minutes  nevertheless the CEL have failed to comply with the Act by failing to specify the parking period. However it looks as if your appeal revealed you were the driver the deficient PCN will not help you as the driver. I suspect that it may have been an appeal from the pub that meant that CEL offered you partly a way out  by allowing you to claim you had made an error in registering your vehicle reg. number . This enabled them to reduce the charge to £20 despite them acknowledging that you hadn't registered at all. We have not seen the signs in the car park yet so we do not what is said on them and all the signs say the same thing. It would be unusual for a pub to have  a Permit Holders Only sign which may discourage casual motorists from stopping there. But if that is the sign then as it prohibits any one who doesn't have a permit, then it cannot form a contract with motorists though it may depend on how the signs are worded.
    • Defence and Counterclaim Claim number XXX Claimant Civil Enforcement Limited Defendant XXXXXXXXXXXXX   How much of the claim do you dispute? I dispute the full amount claimed as shown on the claim form.   Do you dispute this claim because you have already paid it? No, for other reasons.   Defence 1. The Defendant is the recorded keeper of XXXXXXX  2. It is denied that the Defendant entered into a contract with the Claimant. 3. As held by the Upper Tax Tribunal in Vehicle Control Services Limited v HMRC [2012] UKUT 129 (TCC), any contract requires offer and acceptance. The Claimant was simply contracted by the landowner to provide car-park management services and is not capable of entering into a contract with the Defendant on its own account, as the car park is owned by and the terms of entry set by the landowner. Accordingly, it is denied that the Claimant has authority to bring this claim. 4. In any case it is denied that the Defendant broke the terms of a contract with the Claimant. 5. The Claimant is attempting double recovery by adding an additional sum not included in the original offer. 6. In a further abuse of the legal process the Claimant is claiming £50 legal representative's costs, even though they have no legal representative. 7. The Particulars of Claim is denied in its entirety. It is denied that the Claimant is entitled to the relief claimed or any relief at all. Signed I am the Defendant - I believe that the facts stated in this form are true XXXXXXXXXXX 01/05/2024   Defendant's date of birth XXXXXXXXXX   Address to which notices about this claim can be sent to you  
    • pop up on the bulk court website detailed on the claimform. [if it is not working return after the w/end or the next day if week time] . When you select ‘Register’, you will be taken to a screen titled ‘Sign in using Government Gateway’.  Choose ‘Create sign in details’ to register for the first time.  You will be asked to provide your name, email address, set a password and a memorable recovery word. You will be emailed your Government Gateway 12-digit User ID.  You should make a note of your memorable word, or password as these are not included in the email.<<**IMPORTANT**  then log in to the bulk court Website .  select respond to a claim and select the start AOS box. .  then using the details required from the claimform . defend all leave jurisdiction unticked  you DO NOT file a defence at this time [BUT you MUST file a defence regardless by day 33 ] click thru to the end confirm and exit the website .get a CPR 31:14 request running to the solicitors https://www.consumeractiongroup.co.uk/forum/showthread.php?486334-CPR-31.14-Request-to-use-on-receipt-of-a-PPC-(-Private-Land-Parking-Court-Claim type your name ONLY no need to sign anything .you DO NOT await the return of paperwork. you MUST file a defence regardless by day 33 from the date on the claimform.
    • well post it here as a text in a the msg reply half of it is blanked out. dx  
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Private Parking Tickets - General discussion points


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A summary of what I have done:

Reply denying any liability, and ask them to substantiate their claim against you.

Unless they actually substantiate the claim against you personally (ie photo of YOU, your signature etc) and not just send you a picture of a car with a computer enhanced number plate :

Follow up your prior response to any follow-up letter from them (email/post to the same address as before) Saying that despite your request, that they have failed to substantiate any claim, so unless they cease all demands and claims you will report them to the police for harassment. Email is good as delivery to their point can be confirmed.

 

You should also complain to the DVLA that they have released your information to a party who have not given any valid cause for release of your information. This wont get you too far but they will respond and it will be logged. (I am pursuing this so the more complaints the better)

email complaint to : [email protected]

 

When you receive the fob-off replay, follow up with a complaint to the ICO [email protected]

against the dvla

Basis for the complaints:

 

Per Phil Jones, assistant commissioner at the ICO "the DVLA passes on information from its register to third parties for a variety of legitimate reasons but the person or organisation requesting the information must always provide evidence to the DVLA to show why their request is reasonable"

 

These companies provide no evidence whatsoever to get your details from the DVLA, and the only 'evidence' they have is a poor picture of a car etc, nothing showing the driver.

 

Do all these and we should be able to both reduce the impact of these folk, and improve the protection of our data, which is extremely poor.

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Hi there

I was hoping that someone would be able to give me some advice on how to proceed. Yesterday I attended a meeting at an agency and parked on their private car park at the back of the premises as I have done on many occasions. On the entrance to the car park there are signs on the gate stating it is a private car park, monitored by as securi-t, however I believed that I would have permission to park their as I was visiting the agency, what I was not aware of is that there are several local businesses that use the car park, and the agency I was visiting only reserves six spaces. When I returned to my car, there was an A4 poster on the windscreen, which said... Please note this vehicle is unauthorised and illegally parked. The registered keeper will be receiving a fine of 117.50 in the post. Photograph has been taken. This car park is managed by AS SECURI-T HELPLINE 0870 2427196. I immediately telephoned the helpline they said there was nothing they could do till I got an actual ticket through the post. I also telephoned the agency I was visiting and then I discovered they only had six allotted spaces; There were no signs on the car park only on the gates at the entrance, and as I say I believed that I had permission to park there being a visitor to the agency whose car park it was. However the space in which I parked was not marked as belonging to any agency. Do I have to pay this??? What should I do??

Any help much appreciated thanks

Edited by vibealite
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vibealite I had the exact same thing happen to me, visiting a property with a carpark which you'd think you'd be entitled to use since you're going in there, but as I found, the spaces were for local businesses. I was ticketed in minutes (by who I really don't know) as it was a dark, secluded carpark with no attendants.

Unfortunately, I paid it as I was worried about incurring extra costs from taking the 'ignore it' advice. Solicitors couldnt advise me on this with any certainty either, but it does seem to have worked for many. Maybe you should take the advice and ignore it, as it's a private company and unlawful. Would they incur the cost of finding the R/Keeper and taking an un-winabble (?) case to court when you don't admit to being the driver?

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When I returned to my car, there was an A4 poster on the windscreen, which said... Please note this vehicle is unauthorised and illegally parked. The registered keeper will be receiving a fine of 117.50 in the post.

If the notice actually used the words you stated, end of story, Private companies cannot issue fines.

Photograph has been taken.

So what, proves nothing.....

This car park is managed by AS SECURI-T HELPLINE 0870 2427196. I immediately telephoned the helpline

Helpline:D:D:D:D

Do I have to pay this???

Only if you really want to and have lots of money to give away, in whichcase I have an unenforceable invoice for you in the sum of, £10,000.

What should I do??

 

Do what everyone else who has posted the same problem as yours has been advised to do, ignore them.

 

Any help much appreciated thanks

 

Read the whole thread.

regards

Please remember our troops, fighting and dying in our name. God protect them.

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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...

 

3547760499_2a1e4f2013.jpg?v=0

 

 

3547760503_6a7b8330af.jpg?v=0

 

Many thanks again in advance.

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The pics are too small to read, but as it is a standard PPC invoice then it would seem that ignoring them is the only sensible thing to do. Unfortunately, there is no way to keep your dad out of the loop as all mail from them will be addressed to him.

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"Unfortunately, there is no way to keep your dad out of the loop as all mail from them will be addressed to him.

 

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.

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As lamma says, any contact from you willl only lead to you receiving more and more [problem] mail from them.

 

Nothing you send them will stop them writing to you. All it does do is cheer them up that they are getting through to someone at the other end that might crack if they apply enough pressure*.

 

*Enough pressure = lots and lots of threatening letters

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wish i had been on this site before i responded to a private parking company (UKPC). They claimed i was not parked within a designated bay, i have argued that this is not the case as marking on the ground indicate that it was a bay and no signs stated otherwise.

 

am now kicking myself that i didn't just write asking them to prove i was the driver and they now have evidence that i have admitted to parking there.

 

i am going to write back using some of the template

Quote:

Dear Sirs,

 

Re: Vehicle Reg No: [#]

 

On [dd mmmm yyyy] you issued a parking ticket to the above mentioned vehicle that I had parked in [state location].

 

Could you please advise the basis in law that you feel enables you to issue a parking ticket that appears to mimic those issued by the police, traffic wardens and/or local authorities and to levy penalties

 

In the meantime I absolutely deny your claim that the amount claimed, or any amount at all, is due to you from me.

 

Yours Faithfully

and slot in

Quote:

I note your comments about debt collectors. Given that this debt is in dispute I shall simply advise them that the debt is in dispute and they will have to refer back to you.

 

should i add anything else? they've threaten the debt collectors not court at this point.

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I have a suggestion for those that want to play the the PPC - note that should only be done by people who understand the PPC [problem] thoroughly. For those that don't have that understanding and if you only think you have it then you don't have it then don't go this route. "Now that we are in discussion and negotiation, there can be no conflict, so a court is not needed – as we all know a court is only for conflict and I want no part of any conflict. I would be happy to act as administrator in the matter of the alleged debt mentioned in your recent demand. Before I can administrate any debt I must ask for the following information, regarding the alleged debt, from yourselves and your clients. Please send me a bill, not a statement, to include: A copy of the contract or failing that clear evidence of the purported contract; evidence of your consideration, please note not the landowners or some other third parties consideration but your consideration whoich for the avoidance of doubt is what you gave me in exchange for the money that you claim; and have all of the above signed under the full commercial liability of one who can bind their corporation in contract. I hereby give you ten (10) days to reply to this notice with a notice sent using recorded post, and signed by a company officer under their full commercial liability and penalties of perjury, assuring and promising me that all of the replies and details given to the above requests are true and without deception, fraud or mischief. Sincerely and without ill will, malice aforethought, or vexation". DO NOT SIGN your letter to them. Just print your name in capitals. Bernie, what do you think ?

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Dear lamma

I'm not Bernie but I think that people would be better off spending time at the seaside/shopping centre/zoo/airport/anywhere rather than wasting it writing letters. As one who has beaten them at their own game, my steadfast advice is do nothing, for any letters sent to PPCs are ignored. I know, I sent them! PPCs work in their own way and resent it when people try to flummox them. I'd rather be off out in the fresh air and if it ever happens to me again (I'm aware that it could...) I shall do absolutely nothing. Until they go away. Which they will. Eventually.

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I agree hence the first two sentences. Ignore the PPC Its just that I believe this letter snookers the PPC from the word go and for those that choose to go the letter route that this may be useful, hence my putting the contents up for discussion.

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I see what you mean, lamma but what happened in my own case was that the PPC took no notice whatsoever (i.e. didn't even read my letters) and in my opinion it's an absolute waste of valuable time and effort. Better off writing to a long-lost relative, or anyone, instead.

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yes but the purpose is that if the PPC is stupid enough to issue real court papers (and some of them are that stupid) after you have sent this letter (with provable delivery) they are completely stuffed and you have a slam dunk win (plus costs). Can we discuss the merits of the contents irrespective of the engagement issues ?

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Hi, lamma - yes of course! But my point is that the PPCs are determined to cause the most hassle they can. In the event of their issuing court papers, which they may decide to do at any point, it is then their responsibility to prove a solid case against the person they are pursuing. Using my own experience, I don't think it's worth bothering trying to negotiate at this (or, indeed, any) point. Nobody will be awarded costs anyway without going to court and having them awarded by a judge, or whoever is in charge - so let them take people to court and let them pay and let them be made fools of. Often papers are issued but then the case is dropped. I still don't think they will read or take notice of any letter, they certainly didn't in my case and got their debt collectors on the case. Debt collectors wrote twice - I then replied to debt collectors advising that as the case had not been resolved and no debt had been proven, they needed to re-consult their client. I have heard nothing since.

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