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    • What do you guys think the chances are for her?   She followed the law, they didnt, then they engage in deception, would the judge take kindly to being lied to by these clowns? If we have a case then we should proceed and not allow these blatant dishonest cheaters to succeed 
    • I have looked at the car park and it is quite clearly marked that it is  pay to park  and advising that there are cameras installed so kind of difficult to dispute that. On the other hand it doesn't appear to state at the entrance what the charge is for breaching their rules. However they do have a load of writing in the two notices under the entrance sign which it would help if you could photograph legible copies of them. Also legible photos of the signs inside the car park as well as legible photos of the payment signs. I say legible because the wording of their signs is very important as to whether they have formed a contract with motorists. For example the entrance sign itself doe not offer a contract because it states the T&Cs are inside the car park. But the the two signs below may change that situation which is why we would like to see them. I have looked at their Notice to Keeper which is pretty close to what it should say apart from one item. Under the Protection of Freedoms Act 2012 Schedule 4 Section 9 [2]a] the PCN should specify the period of parking. It doesn't. It does show the ANPR times but that includes driving from the entrance to the parking spot and then from the parking place to the exit. I know that this is a small car park but the Act is quite clear that the parking period must be specified. That failure means that the keeper is no longer responsible for the charge, only the driver is now liable to pay. Should this ever go to Court , Judges do not accept that the driver and the keeper are the same person so ECP will have their work cut out deciding who was driving. As long as they do not know, it will be difficult for them to win in Court which is one reason why we advise not to appeal since the appeal can lead to them finding out at times that the driver  and the keeper were the same person. You will get loads of threats from ECP and their sixth rate debt collectors and solicitors. They will also keep quoting ever higher amounts owed. Do not worry, the maximum. they can charge is the amount on the sign. Anything over that is unlawful. You can safely ignore the drivel from the Drips but come back to us should you receive a Letter of Claim. That will be the Snotty letter time.
    • please stop using @username - sends unnecessary alerts to people. everyone that's posted on your thread inc you gets an automatic email alert when someone else posts.  
    • he Fraser group own Robin park in Wigan. The CEO's email  is  [email protected]
    • Yes, it was, but in practice we've found time after time that judges will not rule against PPCs solely on the lack of PP.  They should - but they don't.  We include illegal signage in WSs, but more as a tactic to show the PPC up as spvis rather than in the hope that the judge will act on that one point alone. But sue them for what?  They haven't really done much apart from sending you stupid letters. Breach of GDPR?  It could be argued they knew you had Supremacy of Contact but it's a a long shot. Trespass to your vehicle?  I know someone on the Parking Prankster blog did that but it's one case out of thousands. Surely best to defy them and put the onus on them to sue you.  Make them carry the risk.  And if they finally do - smash them. If you want, I suppose you could have a laugh at the MA's expense.  Tell them about the criminality they have endorsed and give them 24 hours to have your tickets cancelled and have the signs removed - otherwise you will contact the council to start enforcement for breach of planning permission.
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Private Company ticket


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Hi

 

I had a ticket issued 2 years ago. Allegedly parking in private land (NHS paernit holders onlY). I think photos were taken by THE PPC.

 

They threatened baliff action...I paid a really hefty fine.

 

Please advise me as to where i stand...can I claim money back?

 

Is there a template letter asking them to pay up first..?

 

Thanks

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Sounds like you've been stung blooo.

If its a private parking company, I doubt that you would get anywhere asking for a refund, but it could be worth a go, you've only got the price of a stamp to lose.

Why have you left it 2 years to do anything about it?

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As I found out that its a fake 6 months ago and havent had the time/expertise to do soemthing about it...now I would like to try...but I dont know exactly what to say/write...

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sadly i cant see how

they have actually done nothing wrong.

if they had i'm sure 10'000's of people already caught by t his invoice [problem] would have found a way to be refunded.

 

its not like a dca demanding money without a cca,

 

interesting thread

 

 

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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As I found out that its a fake 6 months ago and havent had the time/expertise to do soemthing about it...now I would like to try...but I dont know exactly what to say/write...

 

When you say 'it is a fake' what exactly do you mean? They had no authority to issue tickets at that location? If so, bring in the police as that is deception.

 

If it is just an authorised PPC and you have paid, you have zero chance of getting your money back.

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You can jointly sue the PPC and the landowner. Much more chance of getting back your money from the hospital - the parking company will collect CCJs for fun.

 

You need to research why you are owed a refund - simply saying "give me my money back" is not enough.

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The reason I know I should get my money back is that, this company is still in business and are still continuing to issue these INVOICES/PCN'S whatever you want to call them.

 

It is private land for NHS/permit holders only or something like that...I dont know what else to say....

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I dont know what else to say....

"C'est la vie" is the only thing that springs to mind. :(

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Not in despair, just aware of the sheer difficulties that trying to reclaim that money from parking monkeys would entail.

Personally, I would chalk it up to experience and, now that you're better informed, don't fall for it again. ;)

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Read up on private parking charges: FAQs - Private Parking Companies/Charges (everything you need to know)

Lancashire County Council Trading Standards - Consumer advice - Guide to Parking Penalties

 

Spend time looking up priavte parking threads on this forum and PePiPoo, especially cases where people have defended court cases.

 

Then present your case in a letter to the private parking company AND landowner. Head it 'Letter Before Action' and give them 7 days to refund.

 

Then submit your claim at MoneyClaim.gov.uk

 

You could get an undefended win, but bear in mind they won't send you a nice cheque in the post. You will be looking at sending in bailiffs and they probably won't have much of value to take. Landowner (if it's the hospital) will be more likely to pay up though.

 

There's no magic template letter and you will probably need to present your case in person (it's all fairly informal though).

 

So first step is spending some time learning about contract law.

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From the PPC yes, but as I've said, the landowner (NHS Trust?) will be easier to get the cash out of.

 

I would tend to echo that Al27, but, from a moral standpoint, I wouldn't want to divert funds away from NHS funding. This is just my personal view.

Or maybe the NHS is insured against things like this?

I would love to see the bailiffs go in to a PPC, but, as you rightly say, they wouldn't have anything of value except the cheque's they are about to cash, that they have obtained by dubious methods from people such as the OP.

The OP has got nothing to lose, as I said, except the price of a stamp, by asking for the money back, but, in all probability, they are on a hiding to nothing.

If the PPC's have founded their business model on the dubious methods by which they make their money, having a judge tell them to refund the charge, plus costs, would probably be treated in the same contemptuous way that they treat the general public. jed

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  • 5 weeks later...
I would tend to echo that Al27, but, from a moral standpoint, I wouldn't want to divert funds away from NHS funding. This is just my personal view.

 

I would say it's just as immoral to harass and demand money from sick people.

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