Parking ticket with wrong date

[Sportbilly90210]

Back in January I received a parking ticket from a (free) retail car park. I'd arrived 20 minutes before the shops opened and had walked into the centre to go to the toilet. When I got back the ticket was attached to the car windscreen for leaving the site, but it had the wrong date on- it was dated 5 days later for some reason.

 

Since then, I heard nothing until the start of May, when I received a notice letter from Akita Security Services telling me to pay up within 14 days or the retail park would commence civil proceedings. Again it had the wrong date on and 3 weeks later (this weekend just gone) I received almost exactly the same letter.

 

Am I right to keep on ignoring these people, or should I write and tell them I wasn't in the retail park on the date in question? I should be able to provide proof I was at work at the time as we have an electronic swipe system in place and it would show I was on site at the time.

Edited September 17, 2009 by Sportbilly90210

[Al27]

Ignore them completely.

[Sportbilly90210]

Thanks- no chance of bailiffs becoming involved then?

[lamma]

No. care to post up the text or a picture of their letter - with no personal details or identifying information remaining.

[Sportbilly90210]

I will do when I get back home this evening. From a quick read around the site it looks like a fairly standard one, although I'm surprised it took them 4 months to make initial contact- I thought they'd realised their date mistake and decided not to bother.

[crem]

I thought they'd realised their date mistake and decided not to bother.

 

Nahh, they just get their tipex out and fix it.

[Sportbilly90210]

Heh, they do seem pretty shonky, but like all decent companies their address is apparently a PO Box…

 

Right, the original ticket was marked ‘Civil Penalty Notice’ and the breach was ‘parking at private car park and leaving site’. The date on the actual ticket is wrong and so are the dates on the two letters I’ve received.

 

The first letter has a heading ‘Notice to Owner/ Driver/ Hirer’ and the following text after the registration, date, notice number and breach details-

 

The driver who left the Vehicle with the above Registration Number in a parking place in the *** Retail Park, on **/**/2009, is alleged to have failed to pay the Civil Penalty Notice of 40.00 pounds incurred for the Breach: Parked in a parking place for a purpose other than the designated purpose of the parking space.

 

AMOUNT PAID TO DATE: £0.00

 

We have to advise you that *** Retail Park will commence civil proceedings against you, unless payment of the outstanding amount is received in full within 14 days of the date of this letter. Payment should be made by Cheque or Postal Order made payable to “Akita Parking Services” and sent to the above address. (Please write the Civil Penalty Notice number on the reverse of the cheque).

 

If you have any queries relating to this Notice please write to the Notice Processing Department at the above address Without Delay.

 

Akita Parking Services

For and on Behalf of *** Retail Park

The second letter is pretty much the same, although it is headed ‘FINAL REMINDER’ and there’s a bit more bold and caps, presumably to impress on me the full might and majesty of the retail park, although I'm not sure why the park itself will be involved when they've employed Akita to do their dirty work for them-

 

A Notice to Owner was sent to you on **/**/2009 in connection with a breach of the terms and conditions of the car park at *** Retail Park. According to our records, you have not paid the Civil Penalty Notice of £40.00, which was affixed to the above vehicle.

 

AMOUNT PAID TO DATE: £0.00

 

We have to advise you that *** Retail Park will commence civil proceedings against you, unless payment of the outstanding amount is received in full within 14 days of the date of this letter. Payment should be made by Cheque or Postal Order made payable to Akita Parking Services and sent to the above address. (Please write the Notice number on the reverse of the cheque).

 

If you have any queries relating to this letter please write to the above address Without Delay.

 

Akita Parking Services

FOR AND ON BEHALF OF *** Retail Park

[crem]

Their letters are total B*S* and they will absolutely go no where near a court.

 

"CIVIL PENALTY NOTICE" !!! None starter. File it in a dark drawer.

[Sportbilly90210]

[Rooster-UK]

‘Notice to Owner/ Driver/ Hirer’

 

So which one do they want?

[Sportbilly90210]

*snigger*

[crem]

Please clarify what "offence" supported by legislation is committed by someone wandering "off-site" and how a PPC can dream up a charge (resulting in a loss to them) for such an occurance?

[patdavies]

Please clarify what "offence" supported by legislation is committed by someone wandering "off-site" and how a PPC can dream up a charge (resulting in a loss to them) for such an occurance?

 

Crem,

 

You know better than to feed the troll

[crem]

sorry. me bad!

[Sportbilly90210]

Oooh, I thought they'd given up, but I got a letter from Roxburghe Debt Collectors and the amount they're asking for has gone up to £70. Funny thing is, not only have they got the date wrong, they've now put down the wrong name for the retail park- I've never heard of it and there definitely isn't one locally. I presume the same applies- just ignore them completely?

 

We have been instructed by the above named client who has informed us that a PARKING CHARGE NOTICE was attached to the above mentioned vehicle and the driver should have paid. However, we are advised that they have not yet received payment, or any valid dispute.

 

Your data has been provided to us by the Driver and Vehicle Licensing Agency (under Regulation 27(1)(e) of the Road Vehicles (Registration and Licensing) Regulations 2002*) and they have advised us that you were the registered keeper of the vehicle at the relevant date and time. If you were the driver, you must pay the total amount due as stated above within 7 days from the date of this letter.

 

In line with the Terms and Conditions of parking at the above site, you have incurred late payment charges which are included in the Total Amount Due. Please send payment to the address above. Cheques should be made payable to Roxburghe (UK) Limited.

 

If you were not the driver at the time, please tell us who was driving by completing the details below.

 

Your sincerely

 

Steve Dargonne

Parking Services Manager

Roxburghe (UK) Limited

 

There's then an IMPORTANT NOTICE TO REGISTERED KEEPER, in which they state that the registered keeper is responsible for the acts of the driver and that they will pursue the registered keeper in the absence of driver specifics.

[kiptower]

quote

 

There's then an IMPORTANT NOTICE TO REGISTERED KEEPER, in which they state that the registered keeper is responsible for the acts of the driver and that they will pursue the registered keeper in the absence of driver specifics

 

total crap and they know it

 

back to the rules on PPC's

 

1) IGNORE

2) IGNORE

3) GO TO 1

[Sportbilly90210]

OK, cheers. I just wondered if pointing out that not only was I at work on the date mentioned, but that there isn't a shopping centre with that name within a hundred miles would stop the inevitable avalanche of drivel.

[lamma]

Oooh, I thought they'd given up, but I got a letter from Roxburghe Debt Collectors and the amount they're asking for has gone up to £70. Funny thing is, not only have they got the date wrong, they've now put down the wrong name for the retail park- I've never heard of it and there definitely isn't one locally. I presume the same applies- just ignore them completely?

 

 

 

There's then an IMPORTANT NOTICE TO REGISTERED KEEPER, in which they state that the registered keeper is responsible for the acts of the driver and that they will pursue the registered keeper in the absence of driver specifics.

 

Roxburghe are CSA registered. that 'Important notice' being rubbish has to be clear breach of the CSA code. Complaint to the CSA seems in order CSA Website

[Sportbilly90210]

Really? I'm not too up on this sort of thing, so what would I be complaining about?

[lamma]

see the code of practice on that site and see the oft guidance that Roxburghe also have to adhere to.

[Sportbilly90210]

OK, ta, I'll have a look through. The CSA complaints procedure recommends contacting the DCA first, though. Should I do that, or go straight to them?

[lamma]

by all means give Roxburghe a chance first then the CSA will have to take notice of your complaint as you have followed the CSA method - but Roxburghe hasn't. Don't dispute or discuss or mention details the 'debt' or the legalities of the PPC in your letter to Roxburghe. Just 'discuss' the CSA code and Roxbughe's failure to follow it. tell them that you are giving them the 'opportunity to cure'.

[Sportbilly90210]

OK. This is the exact text at the bottom of the letter-

 

IMPORTANT NOTICE TO REGISTERED KEEPER

 

Under the Terms and Conditions associated with this PARKING CHARGE NOTICE it is important to note that every person who enters into a contract with the Company for the parking of a vehicle at the Car Park, whether by purchasing a ticket or otherwise, does so on behalf of himself and all other persons having any proprietary possessory or other financial interest in the vehicle and its contents.

 

*For any queries relating to obtaining your information, making a complaint to the DVLA, or the British Parking Association's appeals procedure please visit Additional Information - Roxburghe Parking Services.

 

Whilst writing, we would like to draw your attention to common law doctrine of the law of agency, which confirms that a principal (registered keeper) is liable for the acts of its agent (the driver). As a result of this, it is our intention to pursue the registered keeper/ owner of the vehicle in the absence of driver specifics.

 

I'm not sure which part of the CSA Code of Practice this contravenes, though.

[lamma]

Its misleading, and its rubbish. "and all other persons having any proprietary possessory or other financial interest in the vehicle and its contents." there can be an 'agent' complication but not as they have stated it. and they are not pursuing under common law. irrelevant and misleading. they are pursuing under contract and privity is key. do not use their online complaints web thing, send it special delivery to their head office.

[Sportbilly90210]

Thanks again. I'm a little out of my depth with this as I'm not familiar with contract and common law and suchlike. I don't suppose there's a template I can adapt somewhere?