The most expensive kebab EVER?

[trubster]

I just popped into my favourite kebab shop earlier (00:10 am) and parked in a car park, I missed the sign that says 24 hour pay and display and come back to my car 10 mins later (... yes at 10 past midnight) and I had a PCN on the drivers window...

 

I could not believe it and I havent got a clue how the guy caught me at this time of night and also how I didnt see him... I am really worried because I bought the car a month ago and still have not had the logbook for it, I have green slip and DVLA said thats all I need and should send off a v62 for a new one, but at the moment the car is still not registered to me, which in a way is good.

 

My problem is do I ignore it and wait for them to contact me in a years time asking for £10'000's of write to them?

 

I am going to get some pictures now but still cant believe someone stands around a car park at this time of night.

 

Help... please

 

Thanks in advance

 

Kevin

[trubster]

Forgot to add, I was issued a Parking Charge Notice by Excel Parking Services Limited it says time seen 1200 and issued 1210, I dispute his timings too.

 

The ticket has a contravention code 94, parked without displaying a valid ticket/permit

[trubster]

URGENT!!!

Sorry but I have noticed a flaw with the ticket, I have uploaded the picture ----HERE---- and Im not sure if i am right in this so i need someone to clarify, the time says 1200 hrs and 1210 hrs, so that really should say 0000 hrs and 0010 hrs shouldnt it? so If I return to the car park during those times wouldnt I be able to buy a ticket and post it in saying I was parked and displaying a ticket during those times and take a photo?

 

Thanks

Kev

[falcon185]

Hi Trubster,

was this a private car park or council? If private I wouldnt even entertain them with a response, the onus is on them to prove you was the driver at the time, even so, I agree having looked at the PCN you posted the time states --:--hrs not am/pm. So what they are saying is, the time he issued the PCN means you was there lunch time not midnight a 12hr difference?. I dont think the muppets they employ have met the challenge of reading the 24hr clock yet. He probably went by Mickey Mouses big hand and little hand on his watch ;-)

[Barnsley Boy]

Hi Trubster,

 

I've looked at your ticket that you have scanned in. This is a private ticket, not council. It is therefore to all intents and purposes unenforceable - see linked guide to Private Parking Companies

 

Either ignore completely or use the template letters in replying to any correspondance. Do not instigate correspondance, let Excel contact you. It costs them £2.50 to obtain your details from DVLA, let them incur this cost.. I don't see Excel taking anyone to court any time soon, they got a bloody nose last time they tried.

 

http://www.consumeractiongroup.co.uk/forum/parking-traffic-offences/65341-private-parking-companies-charges.html

 

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

 

Judge quashes £300 parking fine...because it set out to ‘frighten and intimidate’ driver | Mail Online

[trubster]

Thanks for replies, but the problem is, it will cost more than £2.50 because my name isnt with the dvla, it is in the previous keepers name as the log book has been lost in the post, I still have the green slip so the dvla said I am covered with that and need to apply for a v5 but havent bothered yet.

 

Would you recommend getting a ticket anyway to prove that I was actually covered for the alledged time and send it to them or just leave it.

 

Sorry, just to make it clear... this was issued by the ever popular EXCEL Parking Company... lol, very famous on here

[Bookworm]

The problem I can see is that in that case, when they get the details, they will get the details for the previous owner, and he will get the harassment and the threats, and if he's not as clued up as you are, he may pay, feeling - quite rightly - hard done by for being hounded for something he didn't do, but being misinformed enough to pay up rather than beign "taken to court" "getting a CCJ" and other threats. Now you and I know that he could fight this, but he wouldn't necessarily, and we all know that they make a lot of money precisely because people don't know to stand up to them.

 

Morally, I think you have an obligation to wave your arms high up and say "Yoo-hoo, bully boys, over HEEERE! Come and get me if you can!" rather than letting the poor guy who's done nothing and won't know what's hitting him get the rap for your actions. Don't you? ;-)

[patdavies]

Or contact the previous keeper and point him/her here...the more people who are informed about the non-enforceability, bullying, lying, etc. by these PPCs, the better.

[trubster]

I paid up £1 for a ticket from 11:45am to 12:45pm, so I should be covered, I will send them that and tell them to p*** off

[falcon185]

I would photo copy it and keep the original ;-)

[trubster]

Hi again everyone, I sent off the ticket and invoice (Both originals) and kept copies of them and sent to ex-hell.

 

I confirmed in the letter that I was owner and my vehicle was parked there (Did not admit I was driver) but they sent letter back saying get lost and changed the time to 0010 rather than 1210.

 

What should I do now, just go down the template GET ****ed line or query the time quoted on the letter?

 

Any help gratefully recieved...

 

Thanks in advance

 

Kev

[TideTurner]

Bookworm was right in that you had a moral right to protect the original owner from these [problematic].

 

However, I would not have provided the originals. Always provide a photocopy to them. The ticket you have provided shows you know the driver (albeit 12 hour difference).

 

Ensure the original owner is fully aware of the position if possible and don't respond to them further unless you receive a summons (highly unlikely). All other letters should be ignored.

[pin1onu]

Just because you know who the driver is does not mean you are compelled to tell them. There is no statute backing to force you to do this.

 

This is a civil case. The ticket amounts to an invoice for an alleged breach of contract. They have to prove a contract was established with the driver and then prove the amounts being claimed aren't penalty charges, illegal under case law, and are unfair under the Unfair Terms in Contracts Act. The RK cannot be made a party to a contract without their explicit consent.

 

The fact that they have issued a corrected invoice illistrates the difference between the private parking process and the decriminalised parking enforcement process. If a PCN issued under the DPE regulations had contained errors of the type described it would have been dropped as it cannot be altered after its been issued.

 

The OP might want to have a read of this article to see what happened the last time they tried to get these charges enforced in court.

 

Judge says Excel parking fines illegal - Mansfield Chad

 

They'll bluster and threaten but they know thei business model is flawed. I would ignore any further drivel short of court papers.

[Al27]

You're getting too far into this.

 

You have just received an unenforceable piece of tat. There is no 'appeals process'. There is no reasoning with these crooks. It's a [problem]. Private companies have no legal powers to demand financial penalties. They rely on you not knowing this and caving in to their threatening letters.

 

• Do not pay

• Do not contact them

• Ignore any letters you receive, no matter how threatening

• They will not take you to court

 

The owner is irrelevant - they have paid for an address from the DVLA and don't care who's doormat it lands on as long as it is paid.

 

Ignore the scamsters and get on with your life. They are powerless.

[trubster]

Thanks once again for all your great advice, I have since recieved the V5 so now I am safe in the knowledge that its only my door they will be knocking on.

 

I am unsure if I should respond to this letter and telling them to get lost or just completely ignore them and get debt collectors involved, cant I just say in a letter **** off and if you want to take this further take me to court but dont write / contact me further.

 

Thanks

 

Kevin

[Al27]

Completely ignore them. A letter tell them to see you in court won't work because they won't take you to court and instead know you're getting rattled. Someone getting rattled might crack and pay up eventually, so the letters will go on for longer.

Chances of them knocking on your door are slim (the petrol cost alone on the off chance you're in means it's not a lucrative business practice).

 

I'd just ignore them Kevin. File any letters away in a drawer.

[pin1onu]

Thanks once again for all your great advice, I have since recieved the V5 so now I am safe in the knowledge that its only my door they will be knocking on.

 

I am unsure if I should respond to this letter and telling them to get lost or just completely ignore them and get debt collectors involved, cant I just say in a letter **** off and if you want to take this further take me to court but dont write / contact me further.

 

Thanks

 

Kevin

If you want to write I'd suggest you use the template letters in the stickies section. They can be modified as appropriate. They also contain a number of paragraphs for dealing with either the threat of/ or actual debt collectors.

 

OFT guidelines state that a disputed debt should not be referred to a DCA.

 

Unlike Al I would write one letter using the templates telling them the debt is disputed and that you will not enter into any further communication with them unless it is to close the matter. Include a bit about not referring to DCAs.

 

After this I would ignore all correspondence from them short of court papers.

[lamma]

OFT guidelines do say that. but this isn't a debt. it is only an alleged debt. world of difference.

[Bernie_the_Bolt]

OFT guidelines do say that. but this isn't a debt. it is only an alleged debt. world of difference.

 

But it is a small world.

 

A disputed debt is an alleged debt by definition.

An alleged debt could be but need not be a disputed debt.

 

Small world = small difference and not one that I would worry over!

[lamma]

disagree. in the absence of a signed contract/credit agreement the 'debt' does not exist unless and until it is crystallised in a judgment.

[Barnsley Boy]

But if were crystallised in a judgement we would be saying "bailiff" not "debt collector".

 

Therefore a "disputed" debt must be something short of a judgement, ie where one party alleges the debt exists and the other party insists it does not.

 

My head hurts - does this really matter?

[lamma]

yes - unless it is crystallised there is no debt.

 

so contact should be made by a "Not a debt collector"...

 

just boolean.

 

in english - as there is no debt what is a debt collector doing getting involved ?

[trubster]

Wicked, thanks a lot for your help everyone, will keep you updated as things happen