Parking at McDonalds

[Andy7807]

Sounds like scare tactics to me, I would take a day off work just to be in when they visited, I haven't come across this before, some might say ignore, personally I would write back and say:

 

I dispute that I owe any outstanding sum please refer this back to UKPC

Edited June 16, 2008 by Andy7807
homer fingers

[lamma]

get the oft debt guidance documents (pdf files) and have a read.

oft664

oft684

oft931

oft971

oft518

[Al27]

We've seen that letter before.

 

As you have not responded to our previous letters, we can only assume that you have no intention of making an effort to clear the sum outstanding.

 

Damn straight!!

 

Continue to ignore.

[Steve__M]

Sounds like scare tactics to me, I would take a day off work just to be in when they visited, I haven't come across this before, some might say ignore, personally I would write back and say:

 

I dispute that I owe any outstanding sum please refer this back to UKPC

 

Erm...even if the OP knew the date and time they were going to call I would not recommend him inconveniencing himself at all - they can't do anything, they certainly can't take anything.

 

He has already written one letter to Elite, so more letters are just an encouragement for them to continue to respond.

[Andy7807]

I didn't actually mean the OP should, I was trying to put across (obviously not very well) that I would love to be there when they visited myself, if it was me etc etc...never mind...

[Andy7807]

So I could tell them where to go...

[Spiceskull]

Hi

Latest letter fromUKPC headed LEGAL ACTION PENDING now advises me that "In accordance with the terms and conditions clearly and prominently displayed and agreed to when you parked on our clients private property a £40.00 Collection and Admin fee has now been.

Just me thinking aloud here:

you parked on our clients private property

If the letter is from UKPC, then surely the client referred to is McDonalds. Your reason for being there is to purchase (and eat) some food, not to use their car park...

 

This supposed T&C does not apply to other customers who choose to walk into the store, and therefore it discriminates against one demographic of the customer base...

 

That aside, these terms were not fully explained to you BEFORE you made your purchase, they are 'blanket' terms, and not individually negotiated, and they are terms you did not agree to when entering the contract to purchase food.

 

To me those are unfair terms under UTCCR, and to attempt to extract money from you, by holding you to a contract you did not agree to, sounds like extortion...

 

Maybe I have got hold of the wrong end of the stick, but I have been watching this thread for ages...

[lamma]

UKPC really struggling with this self defeating argument.

they have classed it as a tort there for only loss applies and once the tort is terninated by leaving its all over.

also the Mcdonalds car park is open to the public and the signs are an invitation.

 

all just rubbish from UKPC to try to suck you into communicating.

just ignore them

[Wop/ag]

get the oft debt guidance documents (pdf files) and have a read.

oft664

oft684

oft931

oft971

oft518

Have read the documents which you recommended and have picked out 3 instances where DCA are in breach.

1. Visiting or threatening to visit debtors without prior agreement when the debt is deadlocked or in dispute.

2.Ignoring and/or disregarding claims that debts have been settled or are disputed and continuing to make unjustified demands for payment.

In the meantime I am continuing to ignore them.

[vic1]

Hi

After joining the forum in May, having received a Euro Car Park fine for overstaying on a pay and display, I have now received my first reminder. I did as advised and did not contact them and now have letter requesting £90. I changed my address with DVLA shortly after the fine as my car was still registered at my mums and had been meaning to do it for some time. Anyway the reminder letter went to my mums so I received the letter but I don't actually live there. Would you keep on ignoring or send back with 'Return to sender on envelope' (though have opened it)? I am going to follow your advice of ignoring the demand for money but don't particularly want debt collection letters going to my mums address as it is nothing to do with her. My licence etc has been changed with my new address so I wouldn't have received letter if my mum didn't live there.

 

Next stage advice please?

 

Thank you

[Wop/ag]

Hi Vic1,

I would be inclined to continue to ignore them. In the unlikely event of any debt collectors turning up at your mum's door she can tell them that you do not live there anymore and if the PPC wish to contact you they can go to the trouble and expense of contacting the DVLA.

[pin1onu]

Hi Vic1,

I would be inclined to continue to ignore them. In the unlikely event of any debt collectors turning up at your mum's door she can tell them that you do not live there anymore and if the PPC wish to contact you they can go to the trouble and expense of contacting the DVLA.

 

I absolutely concur with the above. It's extremely unlikely that debt collectors will turn up in person. If they do they have as much power as any else in the same situation - none at all. Your mother can send them packing and if they refuse to leave, she can call the police.

 

I'd say marking the envelope Return to Sender, Not Known is probably best at this stage. Make the B'stards do to much work and they'll probably give up and go after other marks.

[Saltybike]

Wop/Ag,

I have previusly posted here to as I am in the same situation, car was at the same car park, etc. My letters are about 2 weeks behind yours. I am just interested to hear if any Outside Field Agents have called? Have you heard any more?

 

I have written to Elite Collections International stating that the amount is in dispute but they write as if they haven't received it. What is the general thoughts on what I should do. i.e. write again(enclosing original) or ignore.

 

Cheers

[Barnsley Boy]

Wop/Ag,

I have previusly posted here to as I am in the same situation, car was at the same car park, etc. My letters are about 2 weeks behind yours. I am just interested to hear if any Outside Field Agents have called? Have you heard any more?

 

I have written to Elite Collections International stating that the amount is in dispute but they write as if they haven't received it. What is the general thoughts on what I should do. i.e. write again(enclosing original) or ignore.

 

Cheers

 

Unfortunately Debt Collection Agencies, and PPCs for that matter, do tend to ignore any communication bar recorded delivery, they ignore that sometimes too.

 

Best thing is probably to ignore them, keep your copy of the letter you wrote to them.

 

Some of these companies seem to feel the need to have the last word - let them, they will get tired of writing eventually.

[Wop/ag]

Wop/Ag,

I have previusly posted here to as I am in the same situation, car was at the same car park, etc. My letters are about 2 weeks behind yours. I am just interested to hear if any Outside Field Agents have called? Have you heard any more?

 

I have written to Elite Collections International stating that the amount is in dispute but they write as if they haven't received it. What is the general thoughts on what I should do. i.e. write again(enclosing original) or ignore.

 

Cheers

Hi Saltybike,

The last letter I received from Elite was dated 13th June. I ignored the letter and so far no Field Agents have called at my door. Hopefully they won't

[lamma]

the price of fuel. why would they make the trip only to be told to shove off and have to go back empty handed.

[wozatron]

hi i have reacently recieved a letter for a outstanding fpn from national clamps for parking outside a designated bay outside mcdonalds. i have no recollection of the event.i phoned up the company who refused to answer my questions and told me they are selling the debt on to a collection agency and that i will occur more costs rising to 300 pound and over. they told me that they do not need to take me to court at all ...

[lamma]

FPN - does it say FPN ?

would be good to see pictures of any paperwork you have from them - washed of your personal details.

Sounds like a [problem] to me - you expect the truth from companies that make money by lies and deceit ?

Sounds like absolute rubbish from them.

[vic1]

Hi

Am back after 2 reminder letters from Euro Car parks (£90) both within about 2 weeks (overstayed on pay and display). Sent both letters back with 'not at this address on envelope'' as I don't live there (mum does though). Now have the dreaded Brinx Debt Collection letter has arrived requesting £115 and outlining how they have been instructed to 'commence litigation and obtain Judgement against me'.:mad:

Great!

Do I now contact them stating the person to who the letter is addressed does not live there (are they likely to just ignore me?)?

How much do they tend to increase the det by with each letter?

Are Brinx one of the particularly awful companies??

 

Please help me again - like last time.

 

Thank you :confused:

[Barnsley Boy]

You just have to sit tight and continue to ignore. No particular worries about Brinx Debt Collectors, fairly new name on the scene but, like all debt collectors - THEY HAVE NO POWERS. These debt collectors will keep adding an arbitary £50 or so to their charges everytime they write. However, these added charges are completely bogus, in the absence of a signed credit agreement there is no onus whatsoever upon the debtor to accept these charges. OFT guidelines are clear on this. If it ever got to court [which, unfortunately it won't] the first thing the judge would do would be to strip these charges out.

 

In your place I wouldn't event have bothered with the "not at this address" bit. I'd have either gone for outright confrontation - "see you in court" or just ignored completely.

 

Not that it is any concern of Euro Car Parks, but you should update your RK address with the DVLA, could get a "proper" fine of far more than £115 for not doing so.

[Wop/ag]

Hi Vic1

Agree completely with Barnsley Boy. Hang on there and continue to ignore,

I have adopted these tactics and have heard nothing for last 2 months when i was threatened with visit from field agent.

[Al27]

It's fairly normal to receive debt collection letters for previous tenants. They never do anything, not that they could if they wanted to.

 

Just ignore or stick them back in the letterbox with 'unknown at this address'

[TaxedAndConfused]

If you are really worried about home visits you could use this letter from the debt action group templates (adapted to suit - for example take out the "I will only communicate with you..." bit etc. as you should have no intention of communicating with them at all)

 

Dear xxxx

 

Account Ref xxxx

 

Please be advised that I will only communicate with you in writing. I have noted your repeated attempts to contact me by telephone over the past few weeks/months and these have been duly logged by time and date.

 

Furthermore, should it be your intention to arrange a “doorstep call”, please be advised that under OFT rules, you can only visit me at my home if you make an appointment and I have no wish to make an appointment with you.

 

There is only an implied license under English Common Law for people to be able to visit me on my property without express permission; the postman and people asking for directions etc (Armstrong v. Sheppard and Short Ltd [1959] 2 Q.B. per Lord Evershed M.R.). Therefore take note that I revoke license under Common Law for you, or your representatives to visit me at my property and if you do so, then you will be liable to damages for a tort of trespass and action will be taken, including but not limited to, police attendance.

 

Yours faithfully/sincerely,

 

Otherwise just continue to run silent. Being ignored will annoy them more than denials and takes less effort on your part.

[letshelp]

Hi Wop/ag,

You seem to have got the bit between your teeth now regarding the **** sucking DCA's and PPC's, well done mate keep it going. Now if you can just convince Vic1 who seems to be getting a bit wobbly it will be job done.

regards

[scaniaman]

Very sorry Wopag, but if you patronise pig swill merchants you deserve to be done for something. Sincerely hope you didn't subject young children to MuckDonalds.