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town & city parking/ disabled bay ticket


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Hi , just had threatening phone call about unpaid parking ticket on behalf of town and city parking.

I visited matalan a while ago and as it was pouring rain and spaces only available at far end of car park I used the disabled bay so that my baby son did not get to wet. I know this was wrong! but other spaces were just too smal to get him out of baby seat without getting soaked.

 

No excuse i know! I received a civil penalty notice and several letters demanding payment, however after reading forum decided to ignore them.

 

Phone call has left me spooked. Is it a legal charge? Should I pay? Told guy on phone I was not driving, but he said I was liable because I am registered owner. Help please!

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If they phone again, tell them that any contact MUST be in writing, and that you will not enter into any conversation over the phone.

 

Then, when they write, ignore them completely. They may also threaten to visit your home, but that can be stopped simply by telling them that they are not permitted on your property and will be refused entry. (Not that they ever bother to send anyone round anyway, it's just another meaningless threat to try and intimidate you).

 

You have already done the right thing by denying liability. Saying you are responsible as the registered owner is a lie and they know it. Unfortunately, unless the phone call was recorded, it cannot be used against them. Get them to put their assertion in writing and you have them by the short and curlies and it is guaranteed never to go any further than writing a few threatening letters that you can safely ignore.

 

As far as the legality of it is concerned, no it is not a legal charge. It is a demand for payment, based on their interpretation of a breach of an assumed contract that the driver is alleged to have entered into. Like all such invoices, if you do not believe that you have received the goods/services they are charging for or feel that the fee they are charging is unreasonable, you don't have to pay.

 

Their only recourse is then to take you to court and it is up to the courts to then decide the reasonability of such a charge, but of course they won't go there for fear of getting caught for the fraudulent methods they use to try and threaten you with to part with your money beforehand.

MBNA - Agreed to refund £970 in full without conditions. Cheque received Sat 5th Aug.:D

Lloyds - Settled for an undisclosed sum.:D

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he said I was liable because I am registered owner. Help please!

 

Well, he is lying as there is no such thing as a registered owner.

 

Just ignore them. If they continue to phone, refer them to the harassment act

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Calm down.

 

It's a [problem]. It's no different than some Nigerian mail con.

 

Next time he rings have some fun with him. Put him on hold and go and watch TV.

 

Don't be scared of him. He's just loser who spends his working life trying to scare people into paying trick charges on the phone.

 

Ask him if his mother is proud of him and did he flunk his O levels or something.

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Ignore and ignore and ignore.

 

Debt collectors try to put the frighteners on you to intimidate you into paying. Under OFt guidelines once a debt is disputed they are required to refer the matter back to their client.

 

The thing with PPC's is that they often use pretend debt collectors who are simply employees of the PPC.

 

They've made one assertation that is patently false.

 

Under the unfair terms in consumer contracts act no-one can be made to indemnify a third party without their prior knowledge and consent. So for them to say that "registered owner" is responsible is totally incorrect. For a start there's no such thing.

 

In making this assertion they breached a few laws:

 

Section 40 of the Administration of Justice Act

The Consumer Protection from Unfair Trading Regulations 2008

 

If you google either of these these you'll see how unlikely it is they will go to court.

 

Don't worry be happy...........:)

-------------------------------------------------------------------------------------------------------------------------------------

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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New letter received today saying pay within 7 days or they will have no option but to consider instructing legal proceedings against me, and that if a court order is granted it will affect my credit status.

Is this the case?

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no its a [problem].

 

ignore them

 

do some reading of other threads too

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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New letter received today saying pay within 7 days or they will have no option but to consider instructing legal proceedings against me, and that if a court order is granted it will affect my credit status.

Is this the case?

 

Well

 

It's true that they may consider instructing legal proceedings, but that doesn't mean that they are going to do it, and the chances are they won't. You may consider actually paying them, but hopefully only for the briefest of moments before realising that it was a silly idea and that you would rather keep the money and spend it on something far more useful.

 

It's true that if a court order is granted it will affect your credit status, what they have ommitted to say is: but only if they 1). actual bother to go beyound their consideration of taking legal proceedings 2). have a basis for those legal proceedings 3). bother to turn up in court 4). against all the odds and general practice, actually manage to win the case 5). having lost the case you decide not to appeal 6). you don't pay 7). they go back to court and obtain a court order to state that you are in default.

 

As you can see, what they say is true, but only if taken in the broadest sense and with a lot of additional information omitted which makes the likely outcome far less intimidating.

MBNA - Agreed to refund £970 in full without conditions. Cheque received Sat 5th Aug.:D

Lloyds - Settled for an undisclosed sum.:D

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New letter received today saying pay within 7 days or they will have no option but to consider instructing legal proceedings against me, and that if a court order is granted it will affect my credit status.

Is this the case?

 

Hiya ballylassie does your 7 day warning look like mine?

 

debtcollectnewedit.jpg

 

http://www.consumeractiongroup.co.uk/forum/show-post/post-2153539.html

 

I'm too busy for the next 7 days so I guess they'll need come visit lol

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Yes exactly the same!:confused:

 

So as you can see ballylassie its the same template letters that are sent out all the time. All PPCs use certain DCAs and 'solicitors' in a sort of chain or set stages of the [problem]. All nonsense ;)

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  • 3 weeks later...

Hi, wondered if anyone could give me a sample letter to respond to latest threat! Letter states

" We refer to the above outstanding PCN and to our previous unanswered latters on the subject. As this amount is still outstanding, unless you contact this office by return we shall have no alternative but to proceed with legal action against you without further notice."

Worried they might go ahead! Thought if i sent well wordied letter they might back off?

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Only the person who thinks they are owed the debt can 'proceed with legal action'.

 

Another example of why debt collectors are utterly powerless - they have no powers to collect money and they have no powers to instigate legal action.

 

The whole reason they are used is a) because nobody wants to take anyone to court and b) most people don't realise how powerless they are and cave in.

 

Now you understand all this, you'll realise that you should carry on ignorning and do not contact them at all.

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  • 3 weeks later...

Hi, just been severely harassed over phoneby AA Hutton! She kept going on saying it doesn t matter if i wasn't driving car, i am the owner of the car!! I told her to stop harassing me and put all future comments in writing. she just kept saying there was no harassment laws in Scotland.

I said i was willing to go to court to which she replyed it would not go to court, they would take further action such as an attachment to my car!!This can t be legal can it?

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no

and stay off that phone

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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It's all lies.

 

If they won't go to court, that's their problem. They have as much as admitted that they can't do a thing to get you to part with your money.

 

You've told them that you want everything in writing. I can only suggest that you put this in writing to them, with an order to stop contacting you. Suggest you also add that they have no right to hold your data in any easily retrievable format and that it must be removed from any database that they run, as is your right under the data protection act.

 

If the phone calls continue, then contact trading standards and make a formal complaint.

MBNA - Agreed to refund £970 in full without conditions. Cheque received Sat 5th Aug.:D

Lloyds - Settled for an undisclosed sum.:D

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Sounds to me like they are getting desperate for your money now.

Hold out and carry on ignoring. Do record any further telephone calls, sounds like they like to drop them selves in the S**t.

Dont be frightend or intimidated by them they can do nothing to harm you.

hello all:-)

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Hi , just had threatening phone call about unpaid parking ticket on behalf of town and city parking.

I visited matalan a while ago and as it was pouring rain and spaces only available at far end of car park I used the disabled bay so that my baby son did not get to wet. I know this was wrong! but other spaces were just too smal to get him out of baby seat without getting soaked.

 

No excuse i know! I received a civil penalty notice and several letters demanding payment, however after reading forum decided to ignore them.

 

Phone call has left me spooked. Is it a legal charge? Should I pay? Told guy on phone I was not driving, but he said I was liable because I am registered owner. Help please!

 

Not going to repeat what's been said .. me X-Directory and registered with TPS http://www.mpsonline.org.uk/tps/ i.e. HH Hutton or whatever cannot contact me except by driving 70 miles lol ... or send yet another letter .. by all accounts due my court day soon!

 

Um ok!

 

See my thread .. kinda sounds like yours!

http://www.consumeractiongroup.co.uk/forum/parking-traffic-offences/173923-scottish-law-parking-private.html#post1876147

 

If similar please PM and help each other :)

Edited by Fright-Flight-Fight
added TPS URL
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