advice from a lawyer

[denon]

Hi

 

Just got some advice from my unions lawyer.

She said "pay it as it will end up in court for definate and it will cost you at least £170 for that. If it goes to court and i refuse to say who was driving the judge will probably just tell me to pay anyway"

 

Any thoughts

[the_freedom_trail]

It depends on whether your ticket is council or private parking. If council then you are facing the fact that you will probably eventually have to cough up. If you are talking private then forget it. Please remember, like any profession you can get extremely good lawyers and extremely poor lawyers. Civil Law is based on the balance of probabilities - if you were not driving the car and can prove you were up a tree (for example) then it would be pretty inprobable that you were the driver. Aside from this, the issue of a penalty for non fulfilment of obligation is unlawful in common law. Thirdly, the issue would then arise did a valid contract even exist? Fourthly, you could also explore options for counterclaiming under Administration of Justice Act.

 

TFT

[the_freedom_trail]

P.S. You don't refuse to say who was driving. You say that you were far from certain who was driving at the time.

[denon]

private parking not from council.

 

Im in 2 minds

pay and forget

or

Have loads of letters and stress and then maybe court.

 

[the_freedom_trail]

I will be blunt with you, but it is in your best interests. If you pay it you are a fool. You will get 5 letters at best. They are extremely unlikely to issue a claim in the county court. You need to understand this position from a legal perspective not from the perspective from a private company writing to you and asking you for money. If you do decide to pay, please forward me your address and I will write and ask you to donate £100 a month to me lol.

 

If you take a minute to research the matter, you'll find 1000's of people on here who have all dealt efficiently with private parking company's. Why will empty and unlawful threats that will never be carried out stress you - I used to laught at the ones I got from PPC's because I knew if they tried to take me to court I smash their claim apart.

 

TFT

[the_freedom_trail]

Do not be under any illusion, they have no more legal powers than you or I. They will tell you a load of lies because they are desperate for you to pay, particularly with the growing number of people who are wise to this [problem]. The only thing you should be doing is taking this matter to the Police.

[My Real Name]

Your lawyer sounds like she knows what she's talking about. I'd listen...

Then again, you do not know what you're talking about, and are a credulous fool, so it's not surprising that you would listen to anyone that you perceive to hold some degree of authority.

[the_freedom_trail]

Your lawyer sounds like she knows what she's talking about. I'd listen...

 

Man, you are a fool - get back to wheel clamping. Yes, actually he is right, you must a pay a legally unenforceable, unsubstantiated and miss represented penalty (unlawful under common law).

[DDWales]

Your lawyer sounds like she knows what she's talking about. I'd listen...

 

 

Take no notice denon. Travis Martin is a troll!! Admin please take note!!!

[denon]

guys the ranting isnt very constructive in my request for help.

[the_freedom_trail]

No, but we are trying to protect you from the misguided advice of an individual that probably works for a similar organisation to the one trying to issue you with a fine. If it makes you feel any better, I have ignored private parking charges and have not been to court once.

 

TFT

[denon]

Its amazing really the housing estate is filled with private parking bays mrs parks on the road. What damages has she caused? How has she entered into a contract apart from driving passed a sign that she didnt see?

I just dont get how they can invoice you for something you didnt realise.

Its like saying as you walked to my door as the post man i had a bit of paper in my window that said for every step you take on my land to the post box you will have to pay £5 then trying to sue him for it

[the_freedom_trail]

Think Denon, if you can see these flaws in the tickets they issue, don't you think a judge would???? That is why PPC's wont take legal action - they have no grounds.

 

TFT

[DDWales]

guys the ranting isnt very constructive in my request for help.

 

Apologies. The problem is is that these trolls will offer you and others the wrong advice and may persuade you into paying and falling for the PPC [problem] thats all. A few have got through a few times recently and for first time posters that is not a good thing.

Anyhow, the advice from freedom trail is the one to follow. From personal experience this advice is sound. Read around the forum and you will see the outcomes of issues similar to yours.

Most PPC 'invoice notice' letters (if not all ) follow the following cycle. If you ignore- the PPC will send one more letter, from there they may pass it on to a DCA who will send two more letters-they will then give up and move onto people that dont have the knowledge acquired on CAG and who will pay.

It simply costs a lot for a PPC to take someone to court over such matters and is simply not worth the expense for them to do so. People who have been taken to court are generally drivers that have racked up huge amounts of tickets-which would mean considerable revenue for a PPC (if they won) therefore making court costs worth it. Its a game of percentages. Taking you to court for £70 is not worth it.

[denon]

ok guys ill give it a go keep you updated. cheers

[DDWales]

Think Denon, if you can see these flaws in the tickets they issue, don't you think a judge would???? That is why PPC's wont take legal action - they have no grounds.

 

TFT

 

 

Exactly:D

 

 

Also denon its simple to do because the industry is terribly unregulated making it simple for PPCs to get away with such scams.

[lamma]

The post from Travis saying the lawyer was right is absolute proof that the lawyer was wrong. There is no stress involved in ignoring their letters. see FAQs - PPCs - fighting back. The forces are aligned and http://www.consumeractiongroup.co.uk/forum/parking-traffic-offences/164651-problems-ppcs-face.html?highlight=problems+ppc+face It is a mail based [problem]. And the lawyer was very wrong. Do the opposite of what the obvious PPC Trolls suggest and you won't go wrong.

[crem]

Do the opposite of what the obvious PPC Trolls suggest and you won't go wrong.

 

..unless of course he starts trying to play double bluff and advising everyone to ignore them and not pay, in the hope that he is ignored and everyone starts to pay coz he said don't

[the_freedom_trail]

Just off topic for a moment, there is a Euro Car Parks Picasso that is regularly in the car park of my local ASDA - anyone got a fake Penalty Charge Notice??? lol. I'd get my girlfriend to video the reaction of the driver when he found it and then post the vid on the internet for all of us to enjoy lol

[Vermillion]

Way to go freedom trail!

:)Much can be achieved by the many taking small actions. Like, denon, not giving in.

I am still waiting for my day in court over a disputed PCN from a PPC...my 'lawyer said these companies were letter factories. So far I've had 9, so she was right on that.

[lamma]

or someone with a clamp they don't mind losing

[ncf355]

Denon

 

I had a ticket back in 2008 from a Private co when I was parked in a hospital car park (visting I might add!)

 

(copy below)

 

 

I was 14 minutes late back to the car so they ticketed me

 

I wrote a letter stating I dont accept their lovely offer to pay them £60 (or £100 if I waited 14 days - lucky me!) but I would happily pay what the law requires - their loss for my overstay

 

Included a cheque for 60p, the cost of 15 minutes stay at this £2.20/hour car park that the NHS so generously supply.

 

Oddly enough, the cheque wasnt cashed and I didnt hear from my friends at TPS ever again

 

(was it something I said?)

[JonCris]

Just off topic for a moment, there is a Euro Car Parks Picasso that is regularly in the car park of my local ASDA - anyone got a fake Penalty Charge Notice??? lol. I'd get my girlfriend to video the reaction of the driver when he found it and then post the vid on the internet for all of us to enjoy lol

 

Better still if they aren't parked in a parking bay wheel clamp them for causing an obstruction;) ........... then offer to take it off for 150 quid:D:D

[overandout]

hi everyone! back in october i had a parking ticket from w j parking. after hearing nothing for 3 and a half months i have now had a letter through the post saying i have to pay them £130!it also says that if i wasn't the driver i have to name who was. i have a few questions though. on the parking ticket they have actually put the wrong street name.and am i also correct in thinking that they have to prove who the driver was at the time of the "offence".? i was all set not to pay this, but have been a bit shaken again now after getting this letter.ohh and the other thing is i have seen an heard that w j parking have gone bust, or in recivership,does this not have any effect on what they can send me? cheers overandout.

[pin1onu]

You should really start your own thread rather than hijacking someone else's.

 

If a business is put into receivership then they are still active. The receiver will review the business and decide whether to continue trading or to wind up the business.

 

If a company is in receivership then all official documents are supposed to be directed to the receiver. Any invoices and documents that are issued should be marked to the effect that they are in receivership and should name the official receiver and give a contact address.

 

The important thing is that a company can continue to trade whilest in receivership.

 

As to the other elements. This is a civil case so the onus of proof is on the PPC to back up their allegations. They have to prove who the driver was. There is no legal requirement for you to tell them anything.

 

I would ignore them and with a bit of luck they'll go out of business thus ending your problem.