not displaying badge in private carpark.....HELP

[help needed]

green and mean, yes i got a family member to check signs and it did say must be displayed,

[help needed]

still gonna fight it though regardless of what the signs say, as i said before it wasnt like i parked there without a badge

[help needed]

well they are on the ball as i received my first letter today, but i need advice please on what to actually put in my first reply to them, should i just send the template letter or do i include that i did try to find the attendant with the blue badge......... and if you suggest just the template letter wont that go against me if it eventually went to court and then i announced i did have a blue badge, surely theyll think why didnt i say so in the beginning.

my charge has now risen to 132 pounds and is to owner/hirer/driver and will increase by 3 pounds per day by way of liquidated damages and court action being taken against me, blah blah blah

[pin1onu]

and if you suggest just the template letter wont that go against me if it eventually went to court and then i announced i did have a blue badge, surely theyll think why didnt i say so in the beginning.

I'd just send the template letters. This is a civil case not a criminal one. Unlike a criminal case it won't harm your defense if you fail to mention when questioned something you later rely on in court. You have the right to remain silent. The onus of proof in a civil case lies with the Plaintiff not the defendant. Only if the matter goes to court do the other side get the other side get to see the evidence you will be presenting. Its called discovery. Remember to get to court in the first place they have to locate the driver. If you aren't telling them who it is it will make their job very difficult if not impossible.

 

The experience of a lot of posters to these boards is that even when people have valid and legitimate reasons for parking where they did the PPCs do not want to know. Best advice is not to engage in their appeals process for the simple reason that your appeal will be decided by the PPC and, unless they are feeling very generous, they will want your money.

 

Also as other posters have mentioned - a valid blue badge has no validity off the public highway - although clampers on private land should not clamp a vehicle displaying one.

 

There have been other threads on this matter suggesting that you could make your own disabled badge, display it and it would meet the PPCs terms in their contract.

[help needed]

ok will do , thanks for that

[help needed]

hi again.............well received my second letter from them and its a standard first reminder letter, and it has now increased from £132 to £162 and growing by £3 a day, they havent even acknowledged the first template letter i sent to them , so what should i be sending them next, many thanks

[ShortlyTdwarf]

hi again.............well received my second letter from them and its a standard first reminder letter, and it has now increased from £132 to £162 and growing by £3 a day, they havent even acknowledged the first template letter i sent to them , so what should i be sending them next, many thanks

 

If they've ignored your first letter it's only because they hope you will feel intimidated and pay up. They have no hope of ever being able to enforce the payment of this in a court.

 

I've revamped the template to be a little more individual. let's see if they give up quickly or are more persistant. send it with a copy of your first letter "for their ease of reference" and send by minimum recorded delivery.

If you get a response post it up and we'll move to the next step.

 

Dear Sirs,

 

Re: Your letter dated [dd/mmmm/yyyy] Reference[#]

 

I refer you to my letter dated [date], a copy of which has been enclosed for your ease of reference.

 

I have in the aforementioned letter acknowledged the receipt of your captioned letter dated [date].

 

I also stated in that letter that I was the Registered Keeper of the vehicle in question, as you will have discovered by getting my details from DVLA, but that you must direct your efforts to enforce any penalty to the driver of the vehicle at the time and date of the alleged contravention.

 

At this juncture there is nothing more that I can add to enable the satisfactory conclusion of this matter for you.

 

Yours faithfully

[Barnsley Boy]

hi again.............well received my second letter from them and its a standard first reminder letter, and it has now increased from £132 to £162 and growing by £3 a day, they havent even acknowledged the first template letter i sent to them , so what should i be sending them next, many thanks

 

This shower are nothing if not persistant [Hi Steve ]

 

The £3 / day really is ludicrous and UK PAO know full well that it could not possibly stand up in court. The only reason that they persist with it is as a pure intimidation tactic. There is very sound case law [Dunlop v New Motor] which demonstates just how the £3 / day is deemed an unenforceable penalty rather than "liquidated damages" as UK PAO claim. [request copy by PM]

 

UK PAO caused a stir recently by issuing proceedings against "Abbie" over on pepipoo. Everyone was looking forward to seeing UK PAO pulverised in court but they cancelled proceedings at the last minute. They know that, faced with a decent defence, there is not a cat in hell's chance of them winning.

 

In your position I'd send the "cease or desist" letter - recorded delivery.

 

UK P.A.O. Ltd

PO Box 200

Leeds

LS28 0AT

Dear Sirs,

 

Name– Parking Charge / Reference Number *******

I am in receipt of your letter dated ********* with regard to the above referenced unsolicited invoice.

I demand that you issue Court proceedings within 14 days or cease and desist from any further contact.

Any other form of contact whatsoever, whether by you or your agents, will be regarded as harassment and will be reported as such.

Yours Faithfully

[help needed]

wow you two, thanks...but now im confused as to which is gonna be the right letter to send OR should i incorporate the two and finish with the cease or desist bit,

extremely grateful to you both

[Barnsley Boy]

Help Needed,

 

There's no "right" answer. Both letters, or indeed none at all, are equally valid. My only reason for putting forward the "cease & desist" letter is that it puts UK PAO on notice that they are wasting their time - either put up or shut up. It also stops them adding their ridiculous £3 / day to their invoices.

 

These guys will only stop when they become convinced that you have not fallen for the con. At that stage they will move on to other "easier" victims.

 

Just don't lose your nerve, stand firm. They will eventually move on.

 

[won't you Steve ]

[help needed]

oh im not losing my nerve, you can be sure of that, thankyou for your help i will send the cease or desist letter tomorrow first thing

[pin1onu]

Their case is flawed from the outset, blue badges have no legal standing off the public highway.

Not entirely true G&M. A car displaying a blue badge must not be clamped under the PSI Regulations 2007. But certainly in this case you are entirely right.

[ShortlyTdwarf]

Good point BB, hadn't thought about the cease and desist letter. it would definitely mean that they would have to put up or shut up.

 

Must admit that I do have a tendency to string these people along for a while before finally giving them the heave ho. Much more fun, but then I have too much time on my hands. lol

[Guest Oliver Craddock]

Sadly too many people treat this as a game. Sooner or later, someone is going to come a cropper.

[Barnsley Boy]

Agreed it is not a game. The PPCs are playing fast and loose with the law and it really is time that more people stopped being "marks" and became aware of their rights.

[pin1onu]

someone is going to come a cropper.

Probably you or one of your troll mates - or more likely a PPC is going to bite off more than it can chew and get its arse kicked by someone who's fed up with the liberties they are taking.

[ShortlyTdwarf]

Sadly too many people treat this as a game. Sooner or later, someone is going to come a cropper.

 

And sadly, too many private companies think they can rip people off with their illegal "Penalties" and their fake tickets. Sooner or later these private companies are going to be taken to task for their crimes, and they are going to be the ones to come a cropper.

 

If it was up to me I'd shoot anyone trying to put a ticket on my car in a private car park. And I'm a damn good shot.

 

So, Mr Craddock, you can take your trollish opinions and park them somewhere well out of sight of the sun.

[help needed]

Well Said!!!!!!

[help needed]

hi again got another letter today after recieving my 1st reminder on saturday, this will be in response to my first template letter, here it is and do i still carry on and just send the cease and desist anyway.

 

Dear Mrs blah blah

i refer to the representation made by you in connection with the issue of the above parking charge.thankyou for your letter we have recieved,your comments regarding you were not the driver at the time the charge was issued have been noted, The DVLA have issued us with your details on our request, in order for your name to be removed from our statements you need to provide us with the name and address of the person who was the driver, please note we take disabled issues seriously, all our photographs and any cctv footage will be produced in county court. your comments have been noted and will be held on file untill this matter is resolved.

[help needed]

do you also think i should point out that i did have a blue badge holder with badge with me, after all if they have photos they should see her sat in the car

[help needed]

sorry forget that last post, ive been advised on that already on here

[help needed]

do you also think i should point out that i did have a blue badge holder with badge with me, after all if they have photos they should see her sat in the car

 

I only meant forget this post and not the one previous to it, still need advice please on it,

[battyboomboom]

I would just ignore it, it's extremely unlikely to go to court, and if it does then we'll all help you and assuming they do turn up in court, they will get beaten. Or you could write and say "the driver (don't name them) had a blue badge, feck off etc.".

 

Remember, until it goes to court and you lose (which won't happen) they cannot get their money - unless you pay them, which you won't!

[help needed]

ok thanks for that, so i should still send the next template letter ?

[ShortlyTdwarf]

hi again got another letter today after recieving my 1st reminder on saturday, this will be in response to my first template letter, here it is and do i still carry on and just send the cease and desist anyway.

 

Dear Mrs blah blah

i refer to the representation made by you in connection with the issue of the above parking charge.thankyou for your letter we have recieved,your comments regarding you were not the driver at the time the charge was issued have been noted, The DVLA have issued us with your details on our request, in order for your name to be removed from our statements you need to provide us with the name and address of the person who was the driver, please note we take disabled issues seriously, all our photographs and any cctv footage will be produced in county court. your comments have been noted and will be held on file untill this matter is resolved.

 

yes, send the cease and desist letter still. And I would add a paragraph stating that they must remove your name from their statements as they have no right to chase you for a debt that is not yours and that you have no obligation to provide them with the name and address of the driver, even if you could without a reasonable doubt say who the driver was at the time. Only the police have the right to request the details of the driver of a vehicle from the registered keeper.

 

If you want to post what you are sending before you send someone will have a look at it for you.