Failing to pay parking ticket notices....

[racer1]

I had a call from my Mum yesterday to say there were 6 of the same letters waiting for me [i don't live there now but car was registered there]. She opened one and apparently it's a failure to pay notice for a station car park in Hertfordshire, the letter said the fine was £85 and had to be paid within 7 days - the letter was dated 22nd February.

 

She has forwarded these on to me today by 1st class mail but what I want to check is - quite a lot of these were when my ex boyfriend was driving the car. He hasn't bought me out of the flat or anything which we both owned so I expect if I approach him about this I won't get anywhere.....

 

The letter she opened was for a parking offence on 22nd October 2007. I'm worried he may have picked up more fines which I don't know about, how long does the company have to send the penalty letters....??

 

Is there anyway to negotiate and pay 6 x daily parking cost [£5 I think] plus a goodwill gesture of £50 or whatever to cover admin fees? I simply don't have the money they're asking for and expect it'll only grow and am already stuffed!

 

Does it just fall me to me as the registered keeper? What can I do? I don't have £500 +.......

 

PS from memory and I don't know if the letters will help here, but some of the tickets he received were for failing to display ticket properly, just incase that info makes any difference.

[Barnsley Boy]

Station Car Parks are a grey area, some are subject to railway bylaws, others are purely and simply private car parks, [the parking companies simply leasing the land]

 

Does make quite a difference - private tickets are to all intents and purposes unenforceable and even to the extent that they are enforceable, it would against the DRIVER, not the registered keeper.

 

Can you scan the tickets and any correspondance [washed of personal details].

[racer1]

I'm afraid I don't have any copies of the tickets so have no idea, I hadn't left the car but it is registered in my name.......

 

I will post pics of the letters [no scanner I'm afraid] on Thurs, should arrive in my post tomorrow but will be at work. But they want payment by Friday!!

 

How can I prove though that I was not driving the car, even if I was the registered keeper? The car is registered in Wilts but "offences" were in Herts but doubt that makes any difference.

 

and how long do they have to send me these notifications? Like I said am worried there are more I don't know about.

[Barnsley Boy]

Again, big difference between ticket issued under railway bylaws and a private ticket. If private it would be very much up to them to prove their case, not for you to prove your innocence.

[racer1]

ok will the letters show the tickets as well....? Like I said don't have them....

[Barnsley Boy]

We should be able to tell from the correspondance whether it is a private [problem] or something more "official"

[racer1]

ty, like I said should arrive in post tomorrow but won't be able to post til Thurs....

[racer1]

Letters should arrive today so will try and post up tomorrow......apparently though the letters do ask for the name of the driver and their address at the bottom if the registered owner wasn't driving....

[racer1]

Can somebody please tell me how long they have to send through these letters?

 

Apparently another four arrived today, for offences on 12/10, 25/10, 30/11 and 10/12......so now up to 10 letters, which equals £850...!!!!

 

As the letters says let us know if another person was driving how do you prove that? Hopefully first batch is waiting on my doorstep when I get home tonight so can post pics etc.

 

Also apparently the original fine was £25 increased to £50 if not paid within 28 days, and they've now added another £35 on ie each fine / letter is £85 - can they do this?

[robin9342]

Letters should arrive today so will try and post up tomorrow......apparently though the letters do ask for the name of the driver and their address at the bottom if the registered owner wasn't driving....

Sounds suspiciously like a private ticket. Will be able to tell more when you photo the ticket(s) and post them

[racer1]

Can't post pics of tickets I'm afraid, I have never received them, but if the forwarded letters have arrived at my address today I'll post the pics of letters tomorrow....

 

Do you know how long they have to send these letters through ie if I'll receive any more that I am unaware of??

[racer1]

Am trying to get my Mum to scan in a copy of one of the letters before she sends the further 4 to me today, however maybe people could advise re the below?

 

It is not full and complete from the letter as she has just told me over the phone so I have scribbled as much down as possible.

 

The letter is from NCP Parking Services, a PO Box address based in Surrey. Their registered office is the Whitgift Centre in Croydon. The letter states a name of the Admin Supervisor which I won't reproduce, the PCN number, the vehicle registration, the date of offence and there is a space for time of offence but this is not complete.

 

A brief [and not wholly accurate I'm afraid] summary of the letter itself:

 

"Notice to Registered Keeper"

 

You have incurred a charge for not complying with t&c's of this car park. In absence of driver specifics we intend to pursue the registered keeper.

 

The driver of the vehicle should have paid the ticket placed on the car and a contract was implied. We have been advised by the DVLA you are the registered owner / keeper of this vehicle.

 

If you are the driver you must pay within 7 days, if you are not the driver please advise who was [space given for name, address, home phone, mobile, work number etc].

 

So any more ideas please? Anyone heard of this company?

[racer1]

now have scan, hope this works....

 

 

[hacienda1978]

This is exactly the same letter i have recieved for my NCP Rail parking Ticket thread. Dated 22 Feb. Possibly the same administrator too.

[Barnsley Boy]

It is a standard private parking ticket, nothing more than an unsolicited invoice.

 

The bit on the bottom "Important notice to Registered Keeper" is complete bollox. It represents the law as NCP would wish it to be, not how it actually is.

 

To reiterate:

 

1. It is the Driver who is responsible for the outcome of any alleged implied contract.

 

2. There is no legal obligation on the registered keeper to identify the driver.

 

Use Bernie's template letters to respond.

 

http://www.consumeractiongroup.co.uk/forum/parking-traffic-offences/119802-private-parking-tickets-template.html

[racer1]

Good I've been going through Pete's long thread at the top of this forum and thought the same.

 

Will get a letter fired off tomorrow / Friday [recorded delivery] once I have the dates they are referring too.

 

Couple of questions:

 

- should I write from my current address or the car's registered address?

- Do I need to write 10 separate letters or can I write one letter with a list of the applicable PCN references and dates?

- if I choose to fight this [which is a yes!] could the charges go up in the meantime ie would I have to pay more if taken to court and lost?

[robin9342]

They can only take the DRIVER to court for alleged breach of contract. You as the KEEPER do not have to tell them who the driver was. Therefore this will not go to court.

 

As Barnsley Boy just said, they are talking complete bollox!

[Barnsley Boy]

Good I've been going through Pete's long thread at the top of this forum and thought the same.

 

Will get a letter fired off tomorrow / Friday [recorded delivery] once I have the dates they are referring too.

 

Couple of questions:

 

- should I write from my current address or the car's registered address?

- Do I need to write 10 separate letters or can I write one letter with a list of the applicable PCN references and dates?

- if I choose to fight this [which is a yes!] could the charges go up in the meantime ie would I have to pay more if taken to court and lost?

 

I'd write from the registered address, as long as you get mail forwarded. On a separate note, if you are the registered keeper you should update your details with DVLA, you can be fined swinging sums, thousands of pounds, if you don't.

 

I'd write on them all at once, saves on stamps.

 

The amounts they will claim off you will go up with time. They will add on admin charges, when a DCA letter comes, the amount will mysteriously increase. Don't worry about this, it is just an intimidation tactic. If it came to it, a court would decide that the vast majority of these increased charges would be unjustified. The only contractual remedy for late payment is interest.

 

No one here has heard of NCP taking anybody to court, the chances really are miniscule that it would get to that stage.

[racer1]

Yes I know re updating details with DVLA - but I've tried that two or three times now and each time they send a duplicate document V5 not a new address thing......something I was in contact with them again last week I do get mail forwarded as is parents address....

 

The 6 forwarded letters didn't arrive yesterday so can't send the letter off today [ie don't have reference numbers] but hope they arrive in post today so can send it off tomorrow.....

 

Thanks for help all.

[pin1onu]

Yes I know re updating details with DVLA - but I've tried that two or three times now and each time they send a duplicate document V5 not a new address thing.......

You need to send your registration document (V5C). Click here for the Directgov link which will give you further details. BTW you can obtain these documents from a post office that issues tax discs (assuming they haven't all been closed....lol).

 

If you don't have a V5C (i.e. its lost or stolen) you can apply for a new one but it will cost you £25 to get a replacement. You can do this over the phone or by filling a V62 out and sending by post. I would send a letter to them with the V62 and get them to change your address at the same time.

[racer1]

Thanks but I've already sent the appropriate part of the V5 once as well as then sending the appropriate part of the V5 and a covering letter. The best bit came when they said "oh there's no point sending a covering letter as well [they'd told me to do so] as when we open the envelopes we split the paperwork so it won't stay together."

 

The next step is just to apply for a new one as I'm not getting anywhere but would rather save the money and just get them to do it if possible!

[pin1onu]

Thanks but I've already sent the appropriate part of the V5 once as well as then sending the appropriate part of the V5 and a covering letter. The best bit came when they said "oh there's no point sending a covering letter as well [they'd told me to do so] as when we open the envelopes we split the paperwork so it won't stay together."

 

The next step is just to apply for a new one as I'm not getting anywhere but would rather save the money and just get them to do it if possible!

The DVLA do have a complaints procedure. If things go wrong.

 

I'd try giving them a call and explaining the problem and back it up in writing.

[racer1]

yep the lady I spoke to last week wasn't helpful so have written in, shall see what they say!

[racer1]

BTW I picked up a few things I'd forgotten from my ex's yesterday and in a box of paperwork he'd collated I found a parking ticket....

 

I would presume there are two sheets as I've got three different bits of paper, one has the same details written on by the warden person but different wording, the other is a remittance slip with instructions for payment.

 

Will try and get pics up when possible but the wording on the back says

 

This site is operated with the Railway Byelaws made under Section 219 of the Transport Act 2000 by the Strategic Rail Authority and confirmed under schedule 20 of the Transport Act 2000 by the Secretary of State for Transport....

 

and so it goes on.....

 

near the bottom it says

 

For the purpose of Byelaw 14(4) the penalty payable in relation to a breach thereof is £25 if paid within 14 days, thereafter £50.

 

FWIW Byelaw 14(4) states:

 

In England and Wales

 

(i) the owner of any motor vehicle, bicycle or other conveyance used, left or placed in breach of Byelaw 14(1) to 14(3) may be liable to a penalty as displayed in that area.

[green_and_mean]

 

FWIW Byelaw 14(4) states:

 

In England and Wales

 

(i) the owner of any motor vehicle, bicycle or other conveyance used, left or placed in breach of Byelaw 14(1) to 14(3) may be liable to a penalty as displayed in that area.

 

 

I'd like to see them take the owner of a skateboard to court for a parking offence