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    • just to be clear here..... the DVLA do not send letters if a drivers licence address differs from any car's V5C that shows the same driver as it's registered keeper.
    • sorry she is a private individual, the cars are parking on her land. she can clamp the cars. only firms were outlawed from doing it bazza. thats what the victims of people dumping cars on their drives near airports did and they didn't not get prosecuted.    
    • The DVLA keeps two records of you. One as a driver and one for your car. If they differ you might find out in around a month when they will send you a reminder as well as to your other half for their car. If you receive nothing then you can be fairly sure that you were tailgating though wouldn't explain why they didn't pick up your car on one of drive past their cameras. However even if you do get a PCN later then your situation will not change. The current PCN does not comply with the Protection of Freedoms Act 2012 Schedule 4 which is the main law that covers private parking. It doesn't comply for two reasons. 1. Section 9 [2][a] states  (2)The notice must— (a)specify the vehicle, the relevant land on which it was parked and the period of parking to which the notice relates; The PCN states 47 minutes which are the arrival and departure times not the time you were actually parked. if you subtract the time you took to drive from the entrance. look for a parking place  park in it perhaps having to manoeuvre a couple of times to fit within the lines and unload the children reloading the children getting seat belts on  driving to the exit stopping for cars pedestrians on the way you may well find that the actual time you were parked was quite likely to be around ten minutes over the required time.  Motorists are allowed a MINIMUM of ten minutes Grace period [something that the rogues in the parking industry conveniently forget-the word minimum] . So it could be that you did not overstay. 2] Sectio9 [2][f]  (ii)the creditor does not know both the name of the driver and a current address for service for the driver, the creditor will (if all the applicable conditions under this Schedule are met) have the right to recover from the keeper so much of that amount as remains unpaid; Your PCN does not include the words in brackets and in 2a the Act included the word "must". Another fail. What those failures mean is that MET cannot transfer the liability to pay the charge from the driver to the keeper. Only the driver is now liable which is why we recommend our members not to appeal. It is so easy to reveal who was driving by saying "when I parked the car" than "when the driver parked the car".  As long as they don't know who was driving they have little chance of winning in court. This is partly because Courts do not accept that the driver and the keeper are the same person. And because anyone with a valid motor insurance policy is able to drive your cars. It is a shame that you are too far away to get photos of the car park signage. It is often poor and quite often the parking rogues lose in Court on their poor signage alone. I hope hat you can now relax and not panic about the PCN. You will receive many letters from Met, their unregulated debt collectors and sixth rate solicitors threatening you with ever higher amounts of money. The poor dears have never read the Act which states quite clearly that the maximum sum that can be charged is the amount on the signs. The Act has only been in force for 12 years so it may take a  few more years for the penny to drop.  You can safely ignore everything they send you unless or until they send you a Letter of Claim. Just come back to us if they do send one of those love letters to you and we will advise on a snotty letter to send them. In the meantime go on and enjoy your life. Continue reading other threads and if you do get any worrying letters let us know. 
    • Hopefully the ANPR cameras didn't pick up the two vehicles, but I don't think you're out of the woods just yet. MET's "work" consists of sending out hundreds of these invoices every week so yours might be a few days behind your partner's. There is also the matter of Royal Mail.  I once sold two second-hand books to someone on eBay.  Weirdly the cost of sending them separately was less than the cost of sending them in one parcel.  So to save a few bob I sent them seperately.  One turned up the next day.  One arrived after four days.  They were  sent from the same post office at the same time! But let's hope I'm being too pessimistic. Please update us of any developments.
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parking control services


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I have had (bad) experiences with this outfit and I thought I would share those here.

 

Briefly in terms of the facts, I was driving a friends car and had it clamped in an area of Bow, East London where there was not any signs showing I couldn't park there. It turned out that the signs had been pulled down. My friend paid in cash for the release to the tune of £235.

 

In the eyes of the law, where there is no sign prohibiting parking, the clamping is illegal, as the driver/owner has not consented to the risk that his/her car may be clamped (Vine v London Borough of Waltham Forest is the relevant authority). Having discovered this, I felt it was worth the fight and so I disputed it with Parking Control Services in the first instance and received their computer generated response telling me to seek legal advice. I actually happen to be a trainee solicitor and so I followed this through to the Courts.

 

I issued proceedings in the County Court and Parking Control Services didn't even bother to file a defence. I obtained judgment in my favour, naively thinking at the time that I would get my money back. However the following is crucial to anyone thinking of chasing these cowboys:

 

1. Don't be fooled by their smart website and fancy EC2 postcode. This is a PO Box address.

2. Their registered company address is some obscure address up in Park Royal, North London. This is likewise a shell outfit.

 

One further point, it may be prudent to check out the company before you begin on the long process of suing them. If the company has a whole host of County Court judgments against them, they probably won't pay up yours either, so its worth doing a search against them. This can be done online at www.registry-trust.gov.uk for a fee of £8.

 

Any questions on this, I'll do my best to respond and clarify.

 

A salient warning. This is the reason myself and others recommend sueing the clamper and landowner jointly. Obviously it pays to check both. But it is easier if you get the judgement against the landowner as they have something tangible (i.e. the land for the car park) that can be "seized" and sold and used to pay any judgement.

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One further point, it may be prudent to check out the company before you begin on the long process of suing them. If the company has a whole host of County Court judgments against them, they probably won't pay up yours either, so its worth doing a search against them. This can be done online at www.registry-trust.gov.uk for a fee of £8.

 

Any questions on this, I'll do my best to respond and clarify.

 

NB: Please do not directly rely on this as legal advice. The above is intended as helpful guidance and the writer accepts no responsibility for any inaccuracy or any losses that this may incur.

 

 

..which is why it is always recommended to sue the clamping firm AND the landowner jointly. You are far more likely to get your money back from the landowner.

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  • 2 weeks later...

Hi

I am delighted to be writing to you

I have had the same saga as you

I have a lot of useful info' that I could pass on but not on here as "they " might be reading these posts and I dont want them to know all I know

Write to me with your latest news and I will tell you mine

[EDIT]

Cheers

andrew

Edited by Rooster-UK
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With all respect to adunlop, it is always advised against anyone engaging in private e-mails with another member unless they know the member to have been a member for a long time with a history of good advise.

 

adunlop is a new member, and although may be well intentioned, it has been known that PPCs join as "helpful" members, but simply want to get members with a current problem to write to them giving out valuable personal details which can then be used in a possible court case.

 

If adunlop can offer helpful info here in the forum board it will be most welcome, but I would advise against anyone going "off board" for advise which cannot be verified by other members as being good.

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Words of wisdom, Crem.

 

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Hi Crem

Just to say it is not "advice " I have but INFORMATION These are different things. How can I put information on here that which might be seen by the Company that we are trying to get our money back from. They will see it and take steps to thwart us maybe. Also what is a PPC?

cheers

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Parking Control Services Limited (registered company number 06043819) is not the same as "Parking Control Services" who I was unfortunate enough to deal with.

 

Parking Control Services is their trading name, their company is Magnaco Ltd, Registered office: 7-11 Minerva Road, London NW10 6HJ Registered in England & Wales No: 04809559.

 

As a footnote to this whole ordeal, I would love to hear from anyone who has also had a successful judgment against Parking Control Services. If £750 is owed to debtors, it is enough to make an application to court to wind up the company. If I could find enough people who are also owed money, I would consider looking into making such a joint application to finish their operation and get our money back as secured creditors. It is not something I have looked into extensively, but its the only option I can now think of to get my money back!

 

This may be unlikely, but if you have got a judgment against them then please contact me and we can see if we can take it further still!

Hi,

I have obtained a CCJ for £1500 against them which HCE bailiffs are trying to enforce. I did pay by card so have considerable evidence.

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Hi,

I have obtained a CCJ for £1500 against them which HCE bailiffs are trying to enforce. I did pay by card so have considerable evidence.

 

 

See if you can get the bailiff to seize their PC and printer first. They may not be worth much, but just think how many other people will be greatful that you single-handly stopped them receiving more [problem] mail. :-D

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See if you can get the bailiff to seize their PC and printer first. They may not be worth much, but just think how many other people will be greatful that you single-handly stopped them receiving more [problem] mail. :-D

 

:-D:-D:-D:-D:-D

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

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I am in Purley

I got clamped in Bow E3

I am trying the credit card route - see if they can persuade company to pay

I am trying to find items of value -has anyone seen a warehouse? They have a van delivering parking stuff Where does it park at night

Court have sent me a copy of Court Judgement as well as the company so am considering finding Mr Gill or Mr Ireland Director of Magnaco / PCS

and hassling them for the money they owe.

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I am in Crystal Palace They appear to operate from the Crawley area. I also have one of the addresses where clamped cars are taken. Happy to help find Gill or Ireland. am using credit card route may get address where that is registered at.

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I have got Irelands address in Crawley Let me know if you want it or want to go there some time. Its a medium sized detached house backing on to park land in a culdesac judging by Google Earth. I spoke to him today through the PCS free phone number and he confirmed he lives in Crawley. He refused point blank to pay me even though I have a Court Order! and said he personally is not liable due to it being a Limited Company and the company have no assets I said I would try to have Credit Card status removed and have written to HSBC Mastercard. I am thinkiing of copying the letter to all the other main cards so they might do the same. Without cards who can pay them (him) Ireland. I have Gills address in Iver Bucks confirmed with Electorial Role. I know Ireland was the contact 2 years ago when a Housing Association had a contract with them so he seems to be the leading light so far. I suspect he works from home as all the offices are bogus Why do you think they operate out of Crawley? where is their car pound? They might store their vans there overnight.

Edited by adunlop
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This is why it is worth suing the PPC AND the landowner. Trying to make the judgement stick against the landowner would probably be much more successful.

Absolutely right. At the very least the landowner has land the car park is situated on to lose. They are hardly going to want to have property seized for a small debt.

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Did a bit of digging and have also now found ireland's address. According to Crawley Council he was granted planning consent on appeal to use the garage as an office to run a wheel clamping business including parking vans! I have advised my HCE bailiffs. I have also advised Barclaycard who are sending forms.

 

I have a problem suing land owner as my car was stolen and left on a PCS site by the thieves. it was then then taken to a pound (breakers yard) in Dorking by PCS. I don't therefore know where it was left originally! PCS would not give it back unless i paid their ridiculous fee.

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I would be careful approaching ireland in person. I get the impression that he may not be too helpful. The wheel clamping guys I met to get my car back were on the generous side!

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Thanks for the warning but........I am thinking a few of us go or have a Demo day down in his cul de sac with a few posters saying what a dodgy operator he is ie he has no proper offices and that he works at home and does not pay his debts. We could make it a summer party and we might find out a few things from his neighbours in our quest to get our money back. There is also the tax and VAT route I am checking if his BMW M5 is a company car as Bailiffs could seize it if it is. Any other ideas gratefully received

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:)If he's operating under limited liability then its worth finding out from Companies House what that amount is. AIUI if the company is capitalised with say £1000 the shareholders are personally liable to up to that amount.

 

Might be worth a look. You might be able to use it to grab his Beamer.:)

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I have copy of accounts for 07 and 08

Authorised shares are 1000 @ £1 each = £1000

"Alloted, called up and fully paid 1 ordinary share of £1 each = £1"

I dont know the difference and anyway how do you find who the shareholder is or are? - I guess its ireland as he has signed the accounts

At another place it says Called up share capital £1

Profit and loss account £114112

Shareholders funds £114413 Again dont know how to interpret these figures Help please

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I have copy of accounts for 07 and 08

Authorised shares are 1000 @ £1 each = £1000

"Alloted, called up and fully paid 1 ordinary share of £1 each = £1"

I dont know the difference and anyway how do you find who the shareholder is or are? - I guess its ireland as he has signed the accounts

At another place it says Called up share capital £1

Profit and loss account £114112

Shareholders funds £114413 Again dont know how to interpret these figures Help please

 

The details should be held by Companies House. The company officers are the people you need. (Director(s) and Company Secretary). By law the company must make an annual return listing these people and contact addresses for them.

 

I've think I've got some information on the allocation of shares which I will try and find when I get home tonight and post up.

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This does not constitute legal advice and is not represented as a substitute for legal advice from an appropriately qualified person or firm.

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